Sun Sentinel Palm Beach Edition
New twists slow down ‘justice’ for family in street-racing death
Cellphone records become issue in crash that killed mother, 57
The case of two drivers in a suspected street race and accused of killing a West Delray mom has taken some unexpected turns, including a claim that the 57-year-old victim may have been texting while driving.
One of the men charged with vehicular homicide and manslaughter in the July 1, 2013 death of Fran Abel hired a new attorney last month, delaying his trial until at least late October. Also, the co-defendant who pleaded guilty in April in exchange for a four-year prison term now wants a reduced sentence for his testimony about what happened that morning.
It all means more anguish for Abel’s elderly parents, Edie and Roy Dickes, who are still unable to get closure after the tragedy ruined their “dreams and happiness.”
“Last Wednesday it was two years [since Abel died] and we’re all suffering,” Edie Dickes said Tuesday. “I’m looking for justice, I really
am.”
Amir Talebzadeh and Gregory Comon, both 23, drove their cars at nearly 100 mph in the northbound lanes of Jog Road west of Delray Beach. They were recklessly switching lanes to get around slower traffic during the rush hour, Assistant State Attorney Judy Arco said.
The posted speed limit on that stretch of road is 45 mph.
A few minutes before 9 a.m., Abel pulled out from Mizner’s Preserve Way onto Jog Road. She was heading to work at a kitchen and bath decorative shop she and her husband owned in Boca Raton.
Investigators said Abel’s Audi A4 hit the front passenger side of Comon’s Honda Civic. Then, with the Audi stopped, Talebzadeh’s Hyundai Genesis slammed into the driver’s side of Abel’s car, killing her instantly.
Comon, formerly of Boca Raton, pleaded guilty to vehicular homicide. In addition to four years in prison, he also got four years of probation including five hours of monthly community service and the suspension of his driver’s license for three years.
Talebzadeh, of West Boynton, was offered the same deal, but hasn’t taken it and remains on house arrest. Vehicular homicide is punishable by up to 15 years in prison.
James Benjamin, Talebzadeh’s former attorney, had asked the judge to show Abel’s cellphone records to a jury. Those records may show that Abel had sent a text message from Abel’s phone about two minutes before the first 911 call reporting the crash.
Abel “was texting at or about the time the crash occurred,” Benjamin wrote in a June 2 pleading. He asked to be taken off the case because he and Talebzadeh have major “conflicts” between them.
But the prosecutor has urged Palm Beach County Circuit Judge John Kastenakes to keep the cellphone records out of the trial. She argued that there is no way to prove Abel was texting and that the claim would only confuse and mislead jurors.
“We will never know what took place because Fran Abel was killed as a result of the actions of the defendant,” Arco wrote.
Arco said the records from AT&T don’t show if Abel actually texted, if she texted while in her driveway or while waiting at a stop sign. Also, the records show a call was placed from Abel’s phone at 8:49 a.m., about a minute after the crash, and Abel “would not have been able to make any such call,” Arco said.
Defense attorney Richard Lubin, who now represents Talebzadeh, told the Sun Sentinel he couldn’t comment about the phone records.
“We’re newly on the case and we’ll do a complete review of everything and will decide how to proceed,” Lubin said.
Edie Dickes called the texting and driving claim “downright b.s.” and would gladly take the witness stand to tell the jury about Abel’s texting preferences.
“My daughter never texted with her nails,” Dickes said. “She always spoke into the phone.”
Meanwhile, Comon, the co-defendant, has not yet been moved to a state prison because he is likely to be called as a witness at Talebzadeh’s trial. The accused racers didn’t know each other before the crash.
Defense attorney Brian Bieber said he wants Comon’s continuing cooperation with the prosecution to be rewarded with a reduced punishment, “if the victim’s family is amenable.”
The prosecutor told the judge on June 1 that her office hasn’t made any promises to Comon about changes to his sentence, but it remains a possibility after Talebzadeh’s case is over. Kastrenakes could set a trial date on Oct. 22.
Dickes said her family — including Abel’s two grown daughters and Abel’s husband, Jerry — still want to see Comon serve his full prison sentence but would agree to a shorter probation term.