Chattanooga Times Free Press

Post-crash tests examined

Prosecutor­s turn to physical evidence during trial’s second day, saying truck driver was impaired when the accident occurred

- BY ZACK PETERSON STAFF WRITER

Prosecutor­s switched gears Tuesday in the Ben Brewer trial, introducin­g scientific proof they believe will show the 42-yearold commercial trucker was impaired during a horrific accident on Interstate 75 in 2015.

After introducin­g the emotional testimony of crash survivors Monday, prosecutor­s showed jurors three pieces of material evidence that supported their argument against Ben Brewer: a drug recognitio­n exam that suggested he was on a stimulant, a Tennessee Highway patrolman who said the trucker’s brakes worked fine and a toxicology report from a state lab showing methamphet­amine in his system.

It’s unclear what prosecutor­s plan to present today when Brewer’s trial continues at 9 a.m. before Hamilton County Criminal Court Judge Don Poole. They could call Brewer’s fiancé, Charity Pennington, who was in the semitracto­r-trailer with Brewer when he smashed into slowed traffic on Interstate 75 near Ooltewah traveling roughly 80 mph on June 25, 2015. Prosecutor­s say

Brewer never hit the brakes and was impaired at the time.

But Brewer’s public defenders, who have fought the prosecutio­n every step of the way, continued to argue Tuesday that intoxicati­on did not cause the crash. Brewer may have had meth in his system, but was he impaired at that moment behind the wheel? No testifying on-scene officers seemed to think he was intoxicate­d, because they didn’t document it, attorney Erinn O’Leary argued Monday.

But that’s what prosecutor­s have to prove if they want conviction­s on Brewer’s six counts of vehicular homicide by way of intoxicati­on. The Kentucky driver also faces four counts of reckless aggravated assault and three driving charges.

Defense attorneys primarily sought to undermine the state’s drug recognitio­n evaluation, a 12-step program officers use to predict what type of substance a suspect ingested. Attorney Jay Underwood, who has previously called the evaluation “voodoo science,” said Tuesday that Brewer wasn’t exhibiting any of the symptoms that indicate a person is on a stimulant. That’s what officer Brian Hickman guessed was in Brewer’s system, in addition to depressant­s, which never popped up during a blood test.

Brewer wasn’t suffering from loss of appetite, insomnia, abnormal muscle tone or high body temperatur­e, and he wasn’t hyperactiv­e or extra chatty, Underwood said. All of those symptoms belonged

to someone suspected of taking a stimulant, he said, not his client. Plus, Underwood said, Brewer was likely experienci­ng stress or shock from the crash, which killed six and injured several more. That’s why he had high blood pressure that threw off the evaluation.

“You’re obviously not a doctor,” he said to Hickman. “You don’t know what those base things for him are.”

Next, defenders went after Brewer’s vehicle. Investigat­ors couldn’t fully check the 18-wheeler for defects because of the crash, O’Leary said, and

Brewer had some brake work done shortly before the June 25, 2015, crash.

District Attorney General Neal Pinkston had just one follow-up question for his witness, John Harmon, of the Tennessee Highway Patrol.

“The brakes were working fine, weren’t they?” Pinkston asked. Harmon said they were. One of the bigger grapples Tuesday involved a toxicology expert from the Tennessee Bureau of Investigat­ion which tested Brewer’s blood.

Prosecutor­s wanted agent Melinda Quinn to discuss the affect meth has on everyday functions, such as driving, and how some people can appear “sedate” as their body metabolize­s the drug out of their system. That would damage the argument defenders made earlier about Brewer not showing hyperactiv­e signs of a meth user. But in addition to that, attorney Mike Little said, Quinn couldn’t say if or when Brewer ingested meth in relation to the crash.

“You don’t even know if he’s high,” Little said.

After a special hearing outside of the jury’s presence, Judge Poole allowed Quinn to testify.

With jurors present, Little repeated his argument: Quinn couldn’t give any specifics. Quinn agreed and said she believes a toxicologi­st should never say a person is under the influence based on their report alone. There were two other factors to evaluate: What caused the officer to be in contact with this person? And what did the drug recognitio­n officer observe?

 ?? STAFF PHOTO BY C.B. SCHMELTER ?? Assistant Public Defender Jay Underwood, right, goes over a section of a procedural manual with Collegedal­e Police Chief Brian Hickman during the second day of Ben Brewer’s trial in Judge Don Poole’s courtroom in the Hamilton County-Chattanoog­a Courts...
STAFF PHOTO BY C.B. SCHMELTER Assistant Public Defender Jay Underwood, right, goes over a section of a procedural manual with Collegedal­e Police Chief Brian Hickman during the second day of Ben Brewer’s trial in Judge Don Poole’s courtroom in the Hamilton County-Chattanoog­a Courts...
 ?? STAFF PHOTO BY C.B. SCHMELTER ?? Hamilton County District Attorney General Neal Pinkston and Assistant District Attorney Crystle Carrion work during a recess in the second day of Ben Brewer’s trial in Judge Don Poole’s courtroom in the Hamilton CountyChat­tanooga Courts Building on...
STAFF PHOTO BY C.B. SCHMELTER Hamilton County District Attorney General Neal Pinkston and Assistant District Attorney Crystle Carrion work during a recess in the second day of Ben Brewer’s trial in Judge Don Poole’s courtroom in the Hamilton CountyChat­tanooga Courts Building on...

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