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Proceedings resumed this morning in the trial of Brandon Robinson in Kosciusko Superior Court III.
Robinson is charged with three counts each of driving while intoxicated causing death and reckless homicide and two counts of driving while intoxicated causing serious bodily injury in connection with a June 12 accident. Three people - Aaron Hatfield, 17, and Tyler Bartley, 12, both of Claypool, and Heather Florey, 16, of Mentone - died, and Tiffany Bartley, 13, Claypool, and Monica Hatfield, then 6 months old, suffered serious injuries.
The trial was halted Wednesday when Robinson's attorney, Charles A Davis Jr., of Nappanee, became ill. Kosciusko Superior Court III Judge Joe Sutton hoped to get under way Wednesday afternoon, but Davis was not able to return until this morning.
Robinson was overcome by emotion this morning following testimony by Pamela Hires and Tiffany Bartley. Robinson shook uncontrollably, sobbed and had to be helped to his feet as proceedings were adjourned for a 15-minute recess.
Hires is the grandmother and legal guardian of Monica Hatfield, who is now almost a year old. Monica appeared on the witness stand with her grandmother.
Robinson's attorney, Charles A. Davis Jr., of Nappanee, strongly objected to Hires taking the stand, partly because she was not on a list of witnesses prior to Sept. 30, as required by the court. But Judge Joe Sutton allowed her testimony, stating that, "Due to your illness, the doctor scheduled to testify yesterday is not available today. I don't think that should be charged to the state. ... I will not allow you to cause a problem and say it's the state's fault. If it means parading this child to the jury, then we'll parade the child."
Hires told the court Monica spent six days at Parkview Memorial Hospital, Fort Wayne, the first three to four in critical condition. She suffered multiple skull fractures and a lacerated kidney. Hires was called in to testify since the doctor was no longer available.
Davis' continued objection was that only medical personnel could properly testify to Monica's injuries.
Monica still has an opening on the left side of her head where the brain is not protected by the skull. The opening is currently 2-1/2 inches long and and one-half inch wide. Future medical procedures will be necessary.
Bartley testified that she doesn't remember what happened just prior to or following the collision, but said she is not in as good a physical condition as she was before the accident.
She suffered a concussion, broken right and left jaws, broken collarbone, six broken ribs and a broken pelvic bone.
She now has scars on her face, legs and arms.
Davis did not cross-examine Hires or Bartley.
Also testifying this morning was Sgt. Bob Stoynoff, of the South Bend Police Department. He is an accident reconstructionist and a certified general mechanic. He told the court that there were no deficiencies in the braking system of Robinson's truck.
Robinson's blood-alcohol level two hours after the accident was .099 percent and Davis hopes to prove that his client was not legally drunk and, therefore, cannot be convicted of those charges.
Previous testimony indicated that Robinson was drinking that night and that he intentionally ran the stop sign at the intersection of Zimmer and Crystal Lake roads, where the collision occurred.
