The attorney representing a former Milford police officer charged with manslaughter is asking that certain evidence be admitted in the upcoming trial.
Jury selection in the case of Jason Anderson is scheduled to start Sept. 18. Anderson is charged in the collision three years ago that killed David Servin and Ashlie Krakowski, both 19 and from Orange.
In an objection filed Aug. 31, Anderson’s attorney, Hugh Keefe, said he objected to the state’s motion to exclude certain evidence from the trial, including evidence that the driver, Servin, had a blood alcohol content of 0.14% and that he did not come to a complete stop before turning into Anderson’s path.
The accident took place June 13, 2009, when Anderson, driving a police cruiser back to Milford from a mutual aid call in West Haven, collided with the car in which the two teenagers were traveling.
Fellow officer Richard Pisani was cited in the accident as well as Anderson because of allegations that he was racing Anderson when the accident occurred.
Anderson was fired by the Board of Police Commissioners, and Pisani was suspended.
In his objection, Keefe notes that the state originally charged Anderson with two counts of manslaughter in the second degree and one count of reckless driving. The manslaughter charges have recently been substituted and increased to manslaughter in the first degree.
Keefe notes that under Connecticut law, “a person is guilty of manslaughter in the first degree when under circumstances evincing an extreme indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person and thereby causes the death of another person.”
Keefe appears to plan to argue that the teenagers’ actions that night contributed to the tragedy. The evidence he wants admitted also includes information that there was marijuana in the car the teenagers were driving, and that Ashlie Krakowski also had a blood alcohol content of 0.14%, which Keefe said is seven times over the legal limit for someone under the age of 21.
He wrote, “The evidence that both David Servin and Ashlie Krakowski did not wear their seat belts and Servin was in possession of marijuana, while he was operating Ashlie Krakowski’s father’s motor vehicle under the influence of alcohol, at the time when he failed to bring his vehicle to a complete stop as required under the law and drove his vehicle directly into the path of Mr. Anderson’s vehicle, could lead the jury to conclude that the defendant’s conduct was not a cause that necessarily set in operation the factors that accomplish the injury.”
State Police records show Anderson was driving his police cruiser at 94 mph before striking the teens’ car the night of the accident.
He has pleaded not guilty to the charges.