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LaPointe Violated Safety Rules, Expert Testifies

September 17, 2008 - PORTLAND -- Robert LaPointe broke several safety rules when his 32-foot boat ran over a 14-foot motorboat from behind last summer on Long Lake in Harrison, a boat reconstruction expert testified Monday during LaPointe's manslaughter trial.

William Chilcott of the California-based Marine Testing Co. said LaPointe's Sunsation Dominator was likely going between 50 mph and 65 mph when it hit Terry Raye Trott's boat, and resumed that speed as it continued unmanned, hit the shore and launched 160 feet into the woods.

The crash about 9 p.m. on Aug. 11, 2007, killed Trott and his passenger, Suzanne Groetzinger.

"He didn't take evasive action, and he didn't take action to stop and avoid it," Chilcott said. "It's the obligation of the overtaking vessel to stay clear of you, no matter what you do."

Chilcott also addressed the issue of the lighting on Trott's boat, which has come up several times during five days of testimony in Cumberland County Superior Court.

Trott's boat had one light on the front right side, one on the front left and a light stick in the rear. Some witnesses have said none of them was on; another witness said the two front lights were on. Chilcott did not give an opinion on the front lights, but said the rear light stick was not on at the time of the crash.

Because LaPointe was coming up almost directly from behind at night, however, he had the responsibility to avoid a collision regardless of the lighting on Trott's boat, Chilcott testified.

"It doesn't change anything," Chilcott said of LaPointe's responsibilities. "It was an object out there – whether it was a derelict vessel or a log."

LaPointe, 39, of Medway, Mass., faces charges of manslaughter, aggravated drunken driving and reckless conduct with a dangerous weapon.

Defense lawyers have described the crash as a tragic accident. They claim that LaPointe was not intoxicated and that he operated his boat carefully at all times. They also contend that a blood alcohol test performed on LaPointe was not reliable for a number of reasons, including the fact that the blood sample was stored in a warden's pickup truck for 34 hours before being delivered to the state Health and Environmental Testing Lab.

Jurors, who had seen several photographs of the two boats projected inside the courtroom, got the opportunity to see the vessels in person Monday.

State game wardens used trailers to bring the previously impounded boats to Portland, where they were positioned on Federal Street directly in front of the courthouse.

Jurors spent about 15 minutes walking around the boats and inspecting the damage. LaPointe's boat, named No Patience, has a V-shaped hull and twin 425-horsepower engines. Trott's boat – which was partially reconstructed with rope, tape and other materials before it was seen by the jury – is a flat-bottomed Glasspar named Sting Raye. It was equipped with a 115-horsepower Mercury outboard.

Justice Robert Crowley told the jury that the purpose of viewing the boats was to enable them to "more intelligently apply and comprehend the evidence."

Back in court, Chilcott testified that LaPointe's bow hit the rear of Trott's boat before the Sunsation went airborne and essentially jumped over the smaller boat. A state medical examiner had testified earlier that propeller strikes killed Groetzinger, and a combination of propeller injuries and drowning killed Trott.

The collision lasted just a fraction of a second, Chilcott said.

State Game Warden Kevin Anderson said that he and other wardens tried to determine whether Trott's navigational lights were functioning, but the results were inconclusive.

Earlier Monday, state chemist Stephen Pierce concluded his testimony on the blood-alcohol evidence. Pierce, who analyzed the results of a sample taken from LaPointe, estimated that LaPointe's blood alcohol level was likely 0.15 percent at the time of the crash. Maine's legal limit to operate a boat or car is 0.08 percent.

The blood test showed LaPointe's level at 0.11 percent three hours after the crash. Pierce used the test result and factors such as height, weight and how much alcohol LaPointe allegedly drank to form his estimate.

On cross-examination, lead defense lawyer J. Albert Johnson asked a series of questions about the reliability of the blood test and the estimate provided by Pierce.

Johnson cited scientists who recommend immediate refrigeration of blood samples to protect against degradation and inaccurate test results.

Pierce said a blood sample left unrefrigerated at high temperatures might result in a slight loss of alcohol, leading to a lower test result.

The defense is expected to call witnesses after the prosecution rests its case, either today or Thursday. The trial will not be in session Wednesday.

By TREVOR MAXWELL, Staff Writer, Portland Press Herald, September 16, 2008


Lakes: Long Lake
Regions: Sebago


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