[holybananas]

This is a note from Dave's lawyer (originally posted on e46fanatics.com):

This is my last post on the subject. If you need any more information please contact the Fitchburg District Court, give them $55 and get a tape of the event. Then you can decide his fate. However, please do not discuss this matter any further. I do realize that there are people who were unable to be there and will be unable to get the tape so I will at this point make a few observations on evidence presented:

1. Neighbor T testified that he saw 2 groups of 3 bmw's racing down the street. He testified that the 2 lead bmw's were black, one had chrome side exhausts and were nose to tail. They were travelling at around 70mph. He told his wife they would never make the turn. He was proved right when he heard a screeching. He went down to investigate and found one car off the road. Never did tell the numerous PO's what he heard though. They even testified that they went door to door looking for people who might have seen something and no one spoke to them.

2. Officer M testified he drove 4 miles to the accident and got there in 3 mins. Using simple mathematics you get an average speed of 80mph on the same road that 62.29 miles per hour was considered negligent. He then further testified that he travelled between 30 mph and 70 mph the whole way.

3. Officer K (the expert) whose qualifications were no college degree, three 2 week courses in accident reconstruction in Florida (all taken approximately a month apart) the last one approximately 7 months before the accident was the reconstruction expert.
a. He had taken no courses on vehicle dynamics.
b. Did not know what oversteer and understeer was.
c. Did not calculate the critical velocity of the curve.
d. When asked if an object travelled faster than the critical velocity of the curve would it not go off the road on the right, testified it would (Dave's car went off on the left).
e. Did not photograph the chords and base line used to determine speed.
f. Did not do a survey of the area.
g. Said the sled used a straight math equation to determine drag factor yet then said that it accounted for the slope.
h. Could not identify Ms. EM's position on the road.
i. Could not explain how the rear end which was travelling approx. 14.5 ft/sec faster than the front and swinging out to the right did not pass the front end in the approximately 2.5 seconds it took for Dave's car to reach Ms. EM's position.
j. Could not do the simple math calculation to determine how the speed of the rear end and the speed of the front end in an oversteer condition (note that he had both speeds approx. 62.29 mph for the front and 72 mph for the rear).
k. Did testify that Dave had control of the car in the corner.
l. Could not testify that Dave's losing control of the car was unrelated to him seeing Ms. EM.

need I go on.

The death of Ms. EM was a tragedy. There is no doubt about that.

The conviction of Dave is a travesty. Based on the evidence introduced at trial, I don't think there is any doubt about that.

If anyone wants to help, you may contact me at 401 439 6700. George Philip, Esq.

[Patsfan123]

Terrible news..

[MassBimmer]

Such a horrible situation...best wishes to Dave as well as the victim's family. There is really no good side to this situation

[ibeclueless]

sorry to hear, my prayers are with him

[alex2112]

This is horrible news. My thoughts are with both Dave and the victim's family. What a depressing situation.

[TL]

This was definitely shocking news when i found out

condolences to the victim's family.....i know Dave is not the type of person that would intentionally harm anyone. tough situation

[BMWjames]

I don't know the whole story but this just seems awful. Condolences to both the victim's family and Dave.

[Derek Zoolander]

I had no idea. Def rough and just unfortunate either way.

[holybananas]

I got to see Dave last night with his dad and I am going to see him again later this afternoon. He is doing pretty well considering the circumstances. Your thoughts and support mean more to Dave than you all know and his family and I also greatly appreciate all of the kind words.

Dave is only allowed visits from a list of 7 people at this time, however, he would greatly appreciate some notes. He has requested that any notes and/or letters be sent to me via email. I will consolidate everything and send it out in one package. The prison reads all mail and this makes it easier for him to recieve things in a timely manner. Also, please refrain from discussing anything pertaining to the court case. He has also requested that no pictures be sent. Let's all send Dave some happy and positives messages, maybe even a few jokes here and there.

If you have any questions or would like my email address, please just PM me.

Thanks again for all of the kind words and support. Dave has an amazing group of friends here.

Katie

[jbake]

Wow, 70 MPH in a 40 MPH residential area. I feel for the family that lost their mother.