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Witnesses: Both Boaters Broke Safety Rules

September 17, 2008 - PORTLAND -- Both Robert LaPointe and Terry Raye Trott apparently violated boating safety rules before their fatal collision on Long Lake in Harrison last summer, witnesses for the state testified in LaPointe's manslaughter trial Tuesday.

LaPointe was going too fast at night and did not use care to avoid a collision when he came up on Trott's boat from behind, said Maine Warden Kevin Anderson and a boat reconstruction expert, William Chilcott.

Trott was in violation because his rear "all-around" light was not working, and he may not have had a sounding device on his motorboat, they said.

But both witnesses agreed that under federal navigation rules, LaPointe was at fault for the crash on Aug. 11, 2007. His obligation as the boater coming up from behind superseded the obligation Trott had to maintain proper lighting, they said.

"Mr. LaPointe was driving too fast at night," said Anderson, who reconstructed the collision by using the salvaged boats. "He wasn't able to avoid the collision. He ran over a boat."

Boaters on Maine's lakes are required to obey the navigation rules maintained by the U.S. Coast Guard, and any other state laws or local ordinances specific to each body of water.

Anderson said every boater must travel at a speed low enough to avoid a collision with another boat, a log, a loose dock, a swimmer or any other hazard that might present itself.

Anderson estimated that LaPointe was going between 40 and 50 mph at the time of the crash, and Trott was going between 10 and 20 mph.

Tuesday was the sixth day of the trial for LaPointe, 39, of Medway, Mass. He is charged with manslaughter, aggravated drunken driving and reckless conduct with a dangerous weapon.

A blood alcohol test taken three hours after the crash showed LaPointe's level at 0.11 percent, although defense lawyers have challenged the reliability of that test. Maine's legal limit to operate a boat or car is 0.08 percent.

LaPointe was operating his 32-foot Sunsation Dominator, named No Patience, with twin 425-horsepower engines. Trott was operating a 14-foot Glasspar runabout, named Sting Raye, equipped with a 115-horsepower Mercury outboard.

Trott, 55, of Harrison and his passenger, Suzanne Groetzinger, 44, of Berwick, were killed in the crash, which happened around 9 p.m.

The prosecution was expected to rest its case Tuesday afternoon in Cumberland County Superior Court in Portland. But the testimony of Chilcott and Anderson took extra time because of several objections on both sides and repeated sidebar conferences among the lawyers and Justice Robert Crowley.

Defense lawyers have described the crash as a tragic accident. They claim LaPointe was not intoxicated and that he operated his boat carefully at all times.

They also contend that the blood alcohol test done 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 it was delivered to the state Health and Environmental Testing Lab.

George Hassett, one of LaPointe's three lawyers, cross-examined Chilcott and Anderson on Tuesday.

Chilcott, owner of the California-based Marine Testing Co., conceded that he based his opinions – including one estimating LaPointe's speed at 45 to 60 mph – from a cursory review of the evidence given to him by the District Attorney's Office. He did not do a full reconstruction of the collision.

Chilcott also agreed with Hassett that Trott created a hazard on Long Lake that night by remaining on the water without proper lighting.

In his questions, Hassett referred several times to the navigational rules. He questioned both witnesses about Trott's obligations as a boater, and whether his actions might have contributed to the fatal collision.

"If I know I have no light in back of me, I better look out for what's coming up from behind, correct?" Hassett asked Anderson.

"Yes," the warden said. "Every boater has an obligation to avoid a collision as they are able to do so."

Jurors have heard conflicting testimony from witnesses about whether Trott was operating his boat with the lights on, and that dispute is expected to continue throughout the trial.

COURT WILL NOT CONVENE for Robert LaPointe's manslaughter trial today, as Justice Robert Crowley attends to a personal matter.

THE TRIAL IS EXPECTED to resume Thursday morning with the continuation of the state's case.

THE DEFENSE is expected to begin calling its witnesses on Thursday or Friday, and the trial is expected to run into next week.


By TREVOR MAXWELL, Staff Writer, Portland Press Herald, September 17, 2008


Lakes: Long Lake
Regions: Sebago


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