LA judge dismisses SM resident from jury
DOWNTOWN LA — A Santa Monica Police officer on Friday told jurors in the trial of George Russell Weller that he saw no emotion from the then 86-year-old, who moments earlier drove his car through a crowded Farmers’ Market, killing 10 people and injuring 63 others.
Officer Michael Rosenberg, an 11-year veteran of the SMPD’s Traffic Enforcement Division, said Weller looked “very calm (with) with no expression to speak of”as he stood near his battered Buick LaSabre watching bystanders lift the sedan and pull out a woman trapped underneath. The body of one of the victims, Movsha Hoffman, 78, lay across the hood, motionless.
“He kind of just stood there with the assistance of his cane,” Rosenberg said when he was asked by Deputy District Attorney Ann Ambrose to describe Weller’s actions following the crash, which occurred in the afternoon of July 16, 2003.
“Was he restrained or roughed-up in anyway?” Ambrose asked.
Weller, 89, has been charged with 10 felony counts of vehicular manslaughter with gross negligence. If convicted on all counts, he faces a maximum sentence of 18 years in prison.
By calling Rosenberg to the stand in what was the fourth day of testimony, Ambrose sought to strengthen her claim that Weller, who was not present in the courtroom, did nothing to stop his car from careening out of control, and in fact, maneuvered it so that he never came in contact with any parked cars lining the street, only unsuspecting shoppers.
Ambrose has not accused Weller of deliberately aiming his vehicle at pedestrians, but in her opening statements, the prosecutor said two witnesses will testify that they heard Weller say immediately after the accident,“If you saw me coming, you should have gotten out of my way.”
Witnesses said earlier this week that shortly before the accident at the Farmers’ Market they saw Weller rear-end a gold Mercedes-Benz at Fourth Street and Arizona Avenue, just yards from the market’s entrance. From there, Weller quickly maneuvered around the car in what looked like an attempt to flee the scene.
Weller’s defense team contends that Weller, who appeared in court earlier this week in a wheelchair, accidentally pumped the gas pedal instead of the brake after rear-ending the Mercedes-Benz. That sent the burgundy sedan on a deadly collision course, compounded by the deployment of an air bag that knocked Weller’s hands off of the steering wheel, preventing him from regaining control of the car.
Attorneys for Weller said earlier this week that their client struggles daily with the knowledge that he caused the deaths of 10 people in what was supposed to be a quick drive to a Santa Monica post office to drop off a letter to his great-niece, who was getting married that weekend.
“No … His demeanor was just calm,”
“He wasn’t making any comments. He was just standing there quietly with one of the detectives.” — said Rosenberg, who described the scene at the market as one of chaos, where victims lay on the ground moaning, some crying out for help
“I’m in big trouble with my heart and soul — that you can’t fix,”said Weller’s attorney, Mark Borenstein earlier this week, quoting Weller’s comments to police investigators the day of the crash.
Following the accident, Rosenberg said he followed procedure and drove Weller to Santa Monica-UCLA Medical Center’s emergency room to have his blood drawn to see if there was any alcohol in his system. During the brief drive to the hospital, Rosenberg asked Weller if he was OK. He replied that he was fine, Rosenberg said.
When they arrived, an officer was heard over the police radio frequency that confirmed “eight Ks, meaning that eight people had been killed,” Rosenberg said.
Weller heard that over Rosenberg’s radio and asked the officer if that meant eight people had died.
“I told him I didn’t know,” Rosenberg said. “He was just calm. No expression.”
Ambrose asked Rosenberg if Weller ever complained of being disoriented, dizzy or injured when speaking with hospital staff.
“He said he had a little pain in his shoulder, but other than that he was fine,” Rosenberg said.
During cross examination,Borenstein asked Rosenberg if he had ever seen Weller shocked or upset, to which Rosenberg said,“no.”
In other developments, a juror was excused by Los Angeles Superior Court Judge Michael Johnson after he told the court that he felt he could no longer look at the case without prejudice following constant exposure to outside influences, in particular media coverage and the insistence of his neighbor to know details about the case.
The juror, an African-American man in his early 30s, said he is a resident of Santa Monica who works near the Farmers’ Market, and therefore finds it almost impossible to go through his daily routine without being reminded of the case.
“The other day I was on Main Street with my wife walking our dog … (and) on one side of me there was a newspaper rack with a story about the trial … and on the other side I overheard people talking,” about alleged accidents Weller had previous to the market crash, the juror said.
“I am concerned about my ability to serve.” Judge Johnson thanked the juror for his service and dismissed him. The rest of the jurors were sent home early because of a lack of witnesses on hand. Testimony is scheduled for Monday at the Clara Shortridge Foltz Criminal Justice Center in Downtown Los Angeles.
Originally published in the Santa Monica Daily Press print edition on September 16, 2006. Read the original PDF.