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| NEWS > 04 May 2007 |
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Bowling Green Daily News - Bow
04 May 2007
This article appeared in the above title/site.
To view it in its entirity click this link.
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Kentucky State Police
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Victim's family's lawyer: Troo
Accusations were thrown at local police agencies in a deposition filed by the family of a Western Kentucky University student killed in an automobile crash.
H. Phillip Grossman, a Louisville attorney representing Allison Carter's family, said it appeared Kentucky State Police Trooper Todd Holder had made statements slanting news releases in favor of the Bowling Green Police Department. The depositions, which were taken in April, were filed Thursday in Warren Circuit Court.
Carter's family is suing the police department, the city of Bowling Green and BGPD Officer David Hall - who was also involved in the crash - for negligence in the death of the 19-year-old.
Carter, 20, of Evansville, Ind., was traveling 9 mph on 13th Avenue as she approached the stop sign at Kentucky Street, and 13 mph when her vehicle was hit in the side by the police cruiser driven by Hall, according to the final state police report on the April 2006 accident.
Hall was traveling north on Kentucky Street while headed to a call of a hit-and-run traffic accident when he and Carter collided. The report states Hall was traveling 47 mph in a 35 mph zone, and that Carter never stopped at the stop sign and wasn't wearing her seat belt.
“In this case, officer, did you issue that press conference in order to influence the (look) in this case?” Grossman asked Holder, referring to statements in which Holder said most troopers would have responded the same way to the call Hall was answering.
Holder denied the statement was meant in any way to slant public opinion.
“Does the Kentucky State Police code of ethics require that you exercise your job officiously without fear or favor?” Grossman asked. “Despite whatever loyalties you might have to other police officers, you agree that your duty as public affairs officer for the Kentucky State Police is to give out accurate information?”
“I'm not for Officer David Hall and I'm not for Ali Carter,” Holder replied. “It doesn't matter to me one way or the other who is right or wrong. Something tragic has happened, period. That's it. And we are placed to investigate it, and that's all there is. He wears a badge ... but that means nothing in some cases. And this is one of those cases - that means nothing. We're not on the same team.”
Grossman also asked why BGPD was informed of the results of KSP's investigation before the general public.
Holder responded that the post commander, Capt. William Payton, wanted the police department to know.
Carter's family was not informed prior to the final release of the conclusions from the accident investigation, Holder said.
Grossman and Holder also argued about state law, which states that any time law enforcement officers speed, they're to use lights and sirens.
“Well, there's a really big difference between the letter of the law and the spirit of the law,” Holder said, adding that an officer is not going to have lights and sirens on when going 36 mph in a 35 mph zone.
“So you're a proponent for breaking the law - that state troopers are permitted to break the law,” Grossman said.
“No,” Holder replied, “I'm just a proponent that the legislature needs to sit down and basically look at the reality instead of the print here.”
In the event of a bank robbery or domestic violence incident, he added, no officer would activate lights and sirens - that would create a dangerous situation for the officer and the public.
KSP Sgt. John Clark was also questioned about his methods for determining the speed Hall was going in the crash.
Clark said he used a momentum method to determine the speed, using the information from Carter's airbag system to ensure his determination was correct.
It took several months before Clark realized the momentum test would be a viable way to determine both speeds, he said.
The next hearing in the case is scheduled for May 14; trial is set for Feb. 5, 2008.
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