After a Clerk’s Hearing in the Newburyport District Court Alan T. Pearsall, of West Newbury, Massachusetts was charged with Motor Vehicle Homicide. On June 25, 2009 Pearsall was involved in an accident with a motorcycle that ended in the death of Haverhill, Massachusetts couple Earl and Maryella Morris. It was reported that Pearsall crossed over the center of the street to avoid a bicyclist. In doing so he entered lane in which the Morris’ were traveling. A police accident reconstructionist formed the opinion that Pearsall was attempting to get back into his lane of travel and that the Morris’ tried to avoid the collision by putting the motorcycle on its left side. Apparently Morris denied being at fault when interviewed by police at the scene. Morris was surprised when police accused him of being in the wrong lane of traffic at the time of the crash. He is being charged with Motor Vehicle Homicide in the Newburyport District Court.
The standard for issuing Criminal Complaints in Massachusetts is low and Pearsall should not be surpised that he must now defend against serious criminal charges. The standard that the prosecution must show is that there is probable cause to believe that a crime was committed and that the defendant was the person who committed the crime. Clerk Magistrates will often lean towards issuing the complaints particularly in cases like this one where death or serious bodily injury resulted. So now Pearsall has to defend against these charges. How is he going to do this? Without hesitation I would recommend engaging a private accident reconstructionist to determine how the crash occurred. The article seems to suggest that this accident was entirely Pearsall’s fault. There is however no reference to the speed of the vehicles involved. Nor is there any explanation as to why the victims veered left as opposed to right, the seemingly more natural direction to take in an effort to avoid the crash. What if anything did any independent witnesses observe either during or just before the crash? What happened after the crash that might have resulted in Pearsall’s car coming to rest in the position in which it was found? There are hundreds of questions like these that our accident reconstructionists explore when assisting our office in the preparation of defenses in cases such as this one.
If you have been charged with a Motor Vehicle Crime in Massachusetts call the Law Offices of Stephen Neyman now. We can be reached twenty four hours per day, seven days per week at 617-263-6800 or you can contact us online. In a case like this one it is necessary for the defendant to immediately start to prepare his defense.