Daniel Leary motor vehicle homicide trial gets underway - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

Daniel Leary motor vehicle homicide trial gets underway

Posted: Updated:
  • Heartland NewsMore>>

  • Healthy looking teens may still have anorexia

    Healthy looking teens may still have anorexia

    Wednesday, August 27 2014 8:14 PM EDT2014-08-28 00:14:08 GMT
    You've seen the images of what people typically look like who have anorexia, but a new study said the number of teens who have an eating disorder but look healthy has drastically increased in recent years.
    You've seen the images of what people typically look like who have anorexia, but a new study said the number of teens who have an eating disorder but look healthy has drastically increased in recent years.
  • breaking

    Amber Alert issued for 3-year-old MO girl

    Amber Alert issued for 3-year-old MO girl

    Wednesday, August 27 2014 7:48 PM EDT2014-08-27 23:48:30 GMT
    An Amber Alert has been issued for a 3-year-old Missouri girl. According to amberalert.com, authorities are searching for a female who took 3-year-old Ramy Angeline Demboski.
    An Amber Alert has been issued for a 3-year-old Missouri girl. According to amberalert.com, authorities are searching for a female who took 3-year-old Ramy Angeline Demboski.
  • Controversial Facebook group offends Heartland mothers

    Controversial Facebook group offends Heartland mothers

    Wednesday, August 27 2014 7:46 PM EDT2014-08-27 23:46:19 GMT
    A group on Facebook called the “[Controversial humor] National Baby Shakers League: Rise of the fallen” is creating a stir nationwide and here in the heartland.Administrators of the group say the goal is to raise awareness about shaken baby syndrome using shock value. 
    A group on Facebook called the “[Controversial humor] National Baby Shakers League: Rise of the fallen” is creating a stir nationwide and here in the heartland.Administrators of the group say the goal is to raise awareness about shaken baby syndrome using shock value. 
SPRINGFIELD, MA (WSHM) -

Opening statements in the trial of Daniel Leary began Thursday morning.

Leary is charged with motor vehicle homicide while under the influence of alcohol and negligent or reckless driving in the crash that killed David Laduzenski.

"March 25, 2011 was essentially the last day of David Laduzenski's life, because it was on March 25 of 2011, that Daniel Leary had too much to drink, he got behind the wheel of a pickup truck, he drove off the road on Dewey Street in West Springfield striking two mail boxes, and striking Mr. Laduzenski causing his death," said assistant district attorney Melissa Doran.

"The Commonwealth wants you to be believe that for no reason while he was driving down a street, he just decided to go up on the lawn, hit some mail boxes and hit David Laduzenksi," said defense attorney Aaron Wilson. "That's not what happened."

Family and friends of both Laduzenski and Leary packed into a Hampden County Superior Courtroom for the start of the trial.

Laduzenski was 29 years old when he was struck and killed by a pickup truck that Leary was driving.

Thursday, the Commonwealth told the jurors that this case boils down to common sense.

"I suggest to you that once you hear all of the evidence you will be convinced beyond a reasonable doubt based on that evidence and based on your common sense that on March 25 of 2011 the defendant was impaired by alcohol," said Doran. "His blood alcohol content was .19, he drove recklessly, at the very least he drove negligently and for that ladies and gentleman based on the evidence, based on those facts I will ask at the close of all of the evidence that you find the defendant guilty of motor vehicle homicide."

Wilson spoke to the jurors about the lack of lighting on the road where the accident occurred, the dark clothing that the victim was wearing and that there may have been problems with the way the breathalyzer was administered.

"Come back with a verdict that is consistent with the law the judge will give you at the end of this case, that's consistent with logic, that is consistent with truth and is consistent with justice," said Wilson. "And, that is that Dan Leary Jr. is not guilty of the indictment."

Leary is expected to take the stand during the trial. Testimony will resume Friday morning.

Copyright 2013 WSHM (Meredith Corporation). All rights reserved.

Powered by WorldNow

310 Broadway
Cape Girardeau, MO 63701

FCC Public File
publicfile@kfvs12.com
573-335-1212
EEO Report
Closed Captioning

All content © Copyright 2000 - 2014 Worldnow and KFVS12. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.