Rensselaer man cleared of charges in Route 787 fatality

COHOES, N.Y. » A state Appellate Court officer charged with speeding when he struck and killed a 16-year-old girl on Route 787 two years ago has been cleared of all charges.

William Lamb, of Rensselaer, was headed northbound at about 6 p.m. on June 16, 2016 when he hit pedestrian Britney Knight, who was crossing the highway.

The incident occurred near the Bridge Avenue intersection, on the northern part of 787 where it is no longer an interstate, but becomes a state highway as it enters Cohoes.

A state police accident reconstruction expert, Investigator Michael Altieri, later said he determined Lamb was traveling 53 mph in a 40 mph zone, based on the distance between Knight’s body and her sandal, found at the scene.

Based on this determination, Lamb was ticketed for speeding and traveling at an unreasonable speed.

But Cohoes City Court Judge Thomas Marcelle, in a March 7 ruling, said no witnesses testified about Lamb’s speed when the accident occurred. Also, Cohoes City Police who responded to the scene did not issue any tickets, said Lamb’s attorney, Arthur Frost, of the Troy-based firm Frost & Kavanaugh.

A non-jury bench trial was held in City Court last August.

Frost argued that Altieri had no way of knowing if either Knight’s body or her sandal had been moved before he got to the scene and began his accident reconstruction work.

In his ruling, Marcelle wrote, “Investigator Altieri testified that had there been any change in either the location of the body or of the sandal, his conclusions would be different.”

Frost said Lamb had a green light when he struck Knight, who was walking west-to-east and stopped at an island between the southbound and northbound lanes before proceeding. A vehicle to the left of Lamb had stopped for a red arrow. Knight walked in front of this vehicle and into the path of Lamb’s vehicle, Frost said.

“He never saw her, unfortunately, until he hit her,” Frost said.

During the trial, Altieri also testified that he kept a large file containing notes on how

his speeding calculations were determined. However, this information was not brought to court or given to the defense beforehand.

Marcelle said this evidence was not withheld in bad faith, but more likely resulted from “lack of prosecutorial continuity.” Prosecution began with the Albany County District Attorney’s office, but was taken over by the city Attorney’s Office, after Lamb was charged with vehicle and traffic offenses instead of criminal charges.

In his ruling, Marcelle said Lamb’s attorney couldn’t conduct a full and fair cross-examination without Altieri’s notes, so Altieri’s expert opinion was not allowed.

“Thus, the court has a reasonable doubt as to defendant’s (Lamb) guilt,” Marcelle wrote. “The defendant is not guilty of both charges.”

Frost said attorneys for Knight’s estate have not filed civil claims against Lamb.

However, he said her estate has filed a notice of claim against the State of New York, charging that the Route 787-Bridge Avenue intersection is poorly designed.

City officials have said numerous accidents including several other deaths have occurred along this stretch of highway over the past 20 years.