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Discussion as to whether jurors should be subjected to a videotape that graphically shows a dead body brought proceedings to an early halt Tuesday in the trial of Edward L. Chivington.
Chivington, 47, is charged with driving while intoxicated causing a death, a Class C felony, and driving while having a blood-alcohol level of .10 percent or greater, also a felony. The case was filed in Kosciusko Superior Court III, but is taking place in Kosciusko Circuit Court with Judge Rex Reed presiding.
Chivington is charged as a result of an Oct. 22, 1997, auto accident in which Virgil Helman, 67, of Cromwell, died after the two men's pickups collided on Ind. 13 between Syracuse and North Webster. Chivington was not charged with the offenses until a grand jury convened two months later and handed down an indictment. Chivington reportedly had a blood-alcohol level of .188 percent according to a test administered after the accident.
Defense attorney John Grimm of Auburn argued Tuesday outside the presence of the jury that, in addition to photographs already admitted into evidence, a videotape made of the accident scene prior to the removal of Helman's body from his truck would be prejudicial to his client.
Grimm said that the video was made to preserve evidence at the scene and to depict the locations of the vehicles after the collision. He said he didn't feel showing jurors a dead body was relevant to the trial.
However, Deputy Prosecutor Dan Nelson told Reed that showing the tape is very relevant since part of the elements necessary to prove guilt in the case is that Chivington caused Helman's death. He also said the video is appropriate to show the jury the actual position of Helman to counter suggestions made by Grimm that Helman could have suffered a heart attack or stroke prior to the accident.
Kosciusko County Coroner Larry Ladd testified Tuesday that Helman's death was ruled accidental due to blunt traumatic force caused by the accident and that he ruled out heart attack or stroke because Helman was not previously ill and had no history of heart problems.
Reed wanted to view the videotape before making a ruling, and the accident scene portion of the video was played for the jury in its entirety this morning. Footage of Helman's body at the hospital at the end of the video, which Nelson said prior to Reed's review was not intended to be shown, was not played.
Grimm on Tuesday also questioned whether a state witness, Kip Shuter, came to conclusions about the accident without external influences. Shuter, president of Accident Investigations Inc., was first asked by Warsaw attorney Joanne Kolbe - on behalf of the Helman family - to complete a reconstruction of the accident. A day later, he was instead hired by then-prosecutor David Kolbe to do that job after Ms. Kolbe's representation of the Helmans apparently didn't come to fruition. Grimm pointed out the Kolbes are brother and sister.
Shuter said the conclusions he came up with were based partly on measurements and evidence gathered by other investigators and that the results of his tests were determined by a set formula.
Among Shuter's results were:
• The accident occurred off the traveled portion of the road, 6-1/2 feet west of the west fog line;
• Chivington's pickup would have been completely off the roadway at the point of impact;
• A gouge mark made by the right front tire of Helman's pickup left 7.25 feet of Helman's vehicle in the southbound lane (the lane in which Chivington was driving) at the point of impact;
• Both vehicles were moving at the time of impact - Helman's at 6 mph to 11 mph and Chivington's between 31 mph and 68 mph. Shuter said the wide range for Chivington's pickup resulted from the different types of analysis used in calculations.
Shuter, who also is a sergeant with the Warsaw Police Department, told the court that he believed Chivington's reaction - veering right, toward Helman's vehicle - was improper and that an unimpaired driver likely would have steered to the left, away from impending danger. Although Shuter said it was his opinion that Helman made an illegal left-hand turn, he said that wasn't the sole cause of the accident which resulted in Helman's death.
If Chivington had remained in his lane instead of going to the right, Shuter said, impact would have been on the passenger side rear of the bed of Helman's pickup rather that at the cab of the truck.
Shuter's testimony during cross-examination also included data on stopping distances. With a vehicle traveling at 10 mph able to stop at 14.7 feet per second, it is estimated that from the time Helman began his turn until the collision occurred, 1.42 seconds elapsed. Shuter said studies on the human mind regarding perception and reaction show it takes about one-half second for someone to perceive and three-fourths of a second to react to changing conditions. Those amounts are included in the 1.42 seconds noted between the time Helman began to turn and the time the accident took place.
Although he disagreed with how Chivington reacted, Shuter responded affirmatively during cross-examination as to whether Chivington perceived and reacted in an appropriate period of time permitted by the circumstances.
As he did with Cpl. Floyd Knafel of the Kosciusko County Sheriff's Department on Monday, Grimm made a point that, in his investigation, Shuter never accused Chivington of causing this wreck.
Also testifying Tuesday were two other deputies with the KCSD and one of Helman's sons.
This trial was scheduled for five days, but Reed told jurors Tuesday he is confident testimony will be wrapped up at the conclusion of the fourth day.
