From Deseret News archives:
Judge allows text, drug evidence in Taylorsville case
Friday's ruling by 3rd District Court Judge Robert Adkins is another blow to the state's case against officer Joseph Corbett.
Corbett was charged with negligent homicide in the death of 27-year-old John Terry Douglas of Tooele. He was responding with lights and sirens to help other officers involved in a high-speed chase at about 12:40 a.m. Feb. 7, although he was not part of the chase himself. Corbett was traveling 58 mph in a 40 mph zone when he collided with Douglas' vehicle in the intersection of 4700 South and Redwood Road, killing Douglas.
Douglas was text messaging at the time of the accident and possibly under the influence of the powerful painkiller Tramadol, according to court documents filed by the defense.
"Douglas' autopsy shows that he had been ingesting Tramadol, a narcotic analgesic which operates in a manner similar to Morphine and is approximately equal in strength to Codine," court records state. "Tramadol normally decreases a person's reaction time, cognition, concentration and general awareness."
Defense attorney Ed Brass said there also is evidence that Douglas was texting a co-worker from the time he left work up until the time of the accident.
Prosecutors, however, argued that all of that is irrelevant. To the state, the case is green and red. As long as Douglas had the green light, as prosecutors claim he had, then he had the right of way.
"Then it doesn't matter if Tramadol is in his system or if he's text messaging. ... (Douglas) is supposed to be (in the intersection)," said Salt Lake Deputy District Attorney Christopher Bown. "It doesn't matter what John Douglas had in his blood. ... It wasn't John Douglas that caused the accident, it's running the red light. It's not impairment that caused the accident, it's running the red light. What John Douglas was doing that day is irrelevant unless it's determined to be an intervening cause.
"It doesn't matter if he's impaired if he has the green light. ... That's not what caused the accident."
Bown argued that including the texting and Tramadol evidence would prejudice a jury with irrelevant factors and may confuse them into thinking Douglas was partly responsible for the accident. Furthermore, he said it would be impossible to prove Douglas was actually impaired by the Tramadol. Bown also argued that Douglas' last text message was sent a full minute before the accident and was not a factor.
Brass said the person who received the text got it at 12:42 a.m., the exact time of the crash.
"It's not just about red lights and green lights," Brass countered.
