Caspillo Case in the Hands of the Jury

The attorney defending a man on trial for manslaughter in connection with a fatal Lafayette car crash asked a judge Monday afternoon to declare a mistrial saying that the prosecutor's closing remarks to the jury were inappropriate.

But Contra Costa County Superior Court Judge John Laettner declined to do so, pointing out that he "took the rather unusual step" of having the prosecutor's remark stricken from the record, which means that the jury is not supposed to consider it when making a decision as to the defendant's guilt.

The trial stems from a fatal car crash in which David Caspillo, 41, of Tracy stands accused of plowing his BMW into a line of stopped cars outside Acalanes High School at more than twice the legal speed limit. Dale Zenor, a 55-year-old Walnut Creek man, was killed in the crash when his Mazda Miata flipped and was crushed against a pole.

In Caspillo's defense, Manoukian reminded jurors that he produced medical evidence showing Caspillo was suffering from a neurological condition that caused him to lose consciousness in the moments before the crash.  He compared his state of mind to sleepwalking.

"That defies common sense, and it is an insult to Dale Zenor," Deputy District Attorney Simon O'Connell told jurors in his closing remarks.  That's when Manoukian made a motion to have the comment stricken from the record, which the judge granted.

The prosecutor called into question the validity of statements from a doctor who reportedly testified that Caspillo was suffering from a manic episode that may have led to his loss of consciousness. 

"Not until he was paid $1,200 by the defense did he ever report this as being imaginable," O'Connell told jurors.  He went on the say that on cross examination, when asked if someone who was legally unconscious could successfully navigate Lafayette's windy, narrow streets at high rates of speed, the defense witness said no.

The defense maintains that various factors including stress and a poor diet fed the manic state leading up to Caspillo's loss of consciousness.  At points throughout the day, he was behaving rationally and making responsible choices, Manoukian said.  But not in the moments before the accident.

"When a person does nothing to avoid a crash, what's going on there?" Manoukian said.

Family members testified to Caspillo's bizarre behavior in the weeks before the crash and afterward.  He was hospitalized following the accident complaining of neck pain and committed for a three-day psychiatric evaluation. Blood tests revealed he had not been using drugs or alcohol.

"If he was so unconscious, and so unaware of what was happening, then why was he saying, 'I'm sorry'?" the prosecutor asked.  Lacey Friedman, who witnessed the March, 2007 accident, ran up to help Caspillo moments after the crash and got through to his wife on his cell phone.  "He told her he was sorry for everything and he'd always love her," she told the jury last week.

Based on a statement made to a medic in the ambulance following the crash, O'Connell told the jury Caspillo might well have been studying his on-board navigation system when the crash occurred and just not paying attention for the few seconds it took the disaster to occur.

Jurors will have to sort through the confusing and sometimes conflicting testimony to determine for themselves if Caspillo is guilty of the "grossly negligent conduct" that led to Zenor's death.  That charge, gross vehicular manslaughter, carries of maximum penalty of six years behind bars.  He has also been charged with the lesser crime of vehicular manslaughter with ordinary negligence.

Caspillo's lawyer reminded jurors that if they have "any reasonable doubt" as to his client's guilt, they must return with a verdict of not guilty.

"You don't have the luxury of rushing to judgment as some have done in this case," he said.