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Main Page "Sleep Driving" Defense Works In Lowell Sup. Court
(Click here to view the original thread on the MassCops Message Board)

Posted by: Inspector

LOWELL -- In what could prove to be a precedent-setting case, an Andover attorney was cleared yesterday of a charge of motor-vehicle homicide because he may have been "sleep driving" while under the influence of Ambien.
Ki Yong O struck and killed 43-year-old Anthony Raucci on June 30, 2006, as the Methuen man was changing a tire in the breakdown lane on Interstate 93 in Tewksbury.
Lowell Superior Court Judge Kenneth Fishman accepted expert testimony that O may have been "sleep driving" when he hit and killed Raucci.
As Fishman announced that O was innocent of motor-vehicle homicide and leaving the scene of an accident after property damage, Raucci's widow, Elena Raucci, sobbed uncontrollably in the back of the courtroom.
She declined to comment after the verdict.
O merely nodded his head and left the courtroom without comment -- his career, his livelihood and his freedom intact.

Posted by: TopCop24

What a joke

Posted by: kwflatbed

The joke is the f---in judge.

Posted by: mtc

Bench trial = Not Guilty

If there ever were any question of the need for the recalling of judges, this example of judicial cranial rectalitis is the latest case-in-point.

Posted by: Sniper

Are You Fucking Kidding Me ????????????????????????????????????

Posted by: alphadog1

Another liberal judge...who just doesn't get it.

Posted by: Delta784

Quote:

Originally Posted by alphadog1

Another liberal judge...who just doesn't get it.

Until a "sleep driver" wipes out someone from his family.

Posted by: Tuna

Get used to it gentlemen, the liberal judges and there predecessors are taking over the world.

Posted by: jettsixx

So why is the Truck driver that hit that family on 290 a few years ago in jail right now.

Posted by: Tuna

I hope the family of the victim has recourse in the civil process. I can't see this guy walking away scott free. That would be a shame

Posted by: Delta784

Quote:

Originally Posted by jettsixx

So why is the Truck driver that hit that family on 290 a few years ago in jail right now.

He probably wasn't a lawyer.

Posted by: justanotherparatrooper

Quote:

Originally Posted by jettsixx

So why is the Truck driver that hit that family on 290 a few years ago in jail right now.

helps if you know the judge

Posted by: Edmizer1

At least in our court, and probably most, a crash caused by a sleeping driver is OTE.

Posted by: GodblessThearmy

Starts with sleep driving, sleep A&B, sleep armed robbery, sleep murder....get the point?

Posted by: Sniper

I am still SHOCKED at this.........

Posted by: MSP75

He waived the jury. That was the first hint of what was to come.

Posted by: Kem25

People underestimate ambien as a drug. There is a reason the warning label says give yourself eight hours to sleep before you take the drug. I know in QDC court the majority of OUI drug cases are found NG and usually a guilty is entered for OTE.

Posted by: Delta784

Quote:

Originally Posted by Kem25

I know in QDC court the majority of OUI drug cases are found NG

Almost all OUI (alcohol or drugs) cases in QDC end in a NG.

Posted by: alphadog1

Quote:

Until a "sleep driver" wipes out someone from his family.

This is Massachusetts. I doubt it.

Posted by: Sniper

Quote:

Originally Posted by Delta784

Almost all OUI (alcohol or drugs) cases in QDC end in a NG.

ROGER THAT !!!!!!! seen ABPO stuff disappear there as well. F'ng joke.

Posted by: MtBiker

Who knew Patches Kennedy had moved to Andover.

Posted by: jettsixx

Quote:

Originally Posted by Delta784

He probably wasn't a lawyer.

Good point

Posted by: Unit7

should have giged him on Driving Impaired.

Posted by: SOT

This is what happens when judges are allowed to sleep judge/adjudicate.

Posted by: CHICwithBADGE

This is like the twinkie defense. What planet do these judges come from?

Posted by: SargeLorenzo

Quote:

Originally Posted by CHICwithBADGE

This is like the twinkie defense. What planet do these judges come from?

the planet Chelsea

Posted by: mpd61

Let's face it. The defendant is a schyster. And we all know schysters stick together and protect each other. What Judge (previous lawyer) is going to drop the hammer on a fellow schyster?
Now, what if it was one of us in blue who was the defendant?

Posted by: Fozzy

At the risk of a flame-fest...

It's been documented that takers of Ambien have been known to get out of bed, while asleep and do all kinds of things including driving, walking into the wrong house, etc.

So while I'm not familiar with this particular case, it is possible that the defendent was using the medication properly.

I'd like to be the lawyer handling the civil suit against the makers of Ambien though.

Posted by: mtc

Quote:

Originally Posted by Fozzy

At the risk of a flame-fest...

It's been documented that takers of Ambien have been known to get out of bed, while asleep and do all kinds of things including driving, walking into the wrong house, etc.

So while I'm not familiar with this particular case, it is possible that the defendent was using the medication properly.

I'd like to be the lawyer handling the civil suit against the makers of Ambien though.

Self absorbed PHARMACEUTICAL ATTORNEY takes a DOUBLE dose of Ambien, gets in his car, and heads towards Boston, drives off the road and kills an innocent man, changing a tire on the side of the road, taking care of his family.

After a dog and pony BENCH trial, the judge kisses him with a not guilty - because he claimed the doctor didn't explain the effects of his sleep medication....

As if it were prescribed for heartburn or something.

Posted by: Delta784

Quote:

Originally Posted by Fozzy

It's been documented that takers of Ambien have been known to get out of bed, while asleep and do all kinds of things including driving, walking into the wrong house, etc.

People have done the same things while intoxicated by alcohol. Should they also be excused if the simply claim they blacked-out?

Posted by: kttref

Why was this thread brought back to life?

Posted by: Delta784

Quote:

Originally Posted by kttref

Why was this thread brought back to life?

The original poster's Ambien wore off.

Posted by: kttref

Ahh...now I understand.

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