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Old 03-04-2004, 06:23 PM
Steeltrap Steeltrap is offline
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Thumbs down Why do we have judges like this?

Sorry, this isht is just straight up nasty.

Judge Rules Oral Sex Can Be Defense In Conn. Manslaughter Case

MIDDLETOWN, Conn. -- A Vernon woman charged with causing a fatal 1999 car crash is arguing that she couldn't have been driving because she was performing a sex act on the driver at the time.

A Superior Court judge ruled Tuesday that Heather Specyalski can proceed with the defense, despite objections by the prosecutor.

"A defendant has a right to offer a defense no matter how outlandish, silly or unbelievable one might think it will be," Judge Robert L. Holzberg said.


Specyalski, 33, faces second-degree manslaughter charges in the accident that killed businessman Neil Esposito. Specyalski's attorney, Jeremiah Donovan, said Specyalski was performing oral sex on Esposito at the time. He contends Esposito was the driver.

As evidence, he points to the fact that Esposito's pants were down when he was thrown from the car and killed.

"No one ever told me in law school that we'd be having these kinds of conversations in open court," Holzberg said.

Specyalski and Esposito were on their way home from a party and tests showed they had been drinking before Esposito's Mercedes-Benz convertible went off the highway and hit several trees.

"No one saw it," Assistant State's Attorney Maureen Platt said. "His pants could have been down because he was mooning a car he was drag racing. His pants could have been down because he was urinating out of a window. His pants could have been down because he wasn't feeling well."

Tuesday's courtroom argument came between sessions of jury selection, which are scheduled to resume Wednesday.

Holzberg denied Donovan's motion to use gender as grounds to eliminate jurors. Donovan argued that women would be biased and more likely to convict.