Daniel Leary motor vehicle homicide trial gets underway - CBS 5 - KPHO

Daniel Leary motor vehicle homicide trial gets underway

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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.

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