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Weller to find out fate BY MELODY HANATANI

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Weller may not have to face victims of the Market crash

DOWNTOWN, LA — The 89-year-old Santa Monica resident convicted last week of 10 counts of vehicular manslaughter with gross negligence for the deadly Farmers’ Market crash of 2003 will be sentenced on Nov. 20, a Los Angeles Superior Court judge said Friday.

George Russell Weller faces up to 18 years in prison for the deaths of 10 people who were struck by the then 86-year-old when he drove his 1992 Buick LeSabre through the open-air Arizona Avenue market on July 16, 2003. More than 65 others were injured in the afternoon crash.

Weller’s attorneys argued during the month-long trial that Weller mistakenly hit the gas pedal instead of the brake, causing him to lose control of the vehicle.

Jurors, however, returned a verdict last week siding with the prosecution’s theory that Weller had the means to avoid the wreck and the carnage that resulted.

It is unclear if Weller will ever face the family members of his victims. His defense team has filed a notarized waiver to exempt him from attending the sentencing hearing because of Soak it up Fabian Lewkowicz The sun begins to set over the Pacific on Thursday a little after 6 p.m. Santa Monicans may notice a little less sunshine after Saturday night, when clocks get reset to Standard Time. SEE PAGE 3 Weller’s failing health.

But Deputy District Attorney Ann Ambrose, who prosecuted the case, said the legislative intent of the Victims’ Bill of Rights allows his victims to confront him during sentencing.

“These people have waited many years for this opportunity,” Ambrose told Los Angeles Superior Court Judge Michael Johnson.

Judge Johnson will review evidence presented by Weller’s defense regarding their client’s health and make a decision sometime before Nov.13,according to court clerk Donna Peale.

“We can bring a stretcher in here if we need to,so it will have to be really serious (for the judge to excuse Weller),” Peale said.

Judge Johnson will also consider whether or not to allow television cameras into the courtroom for the sentencing.

Ambrose expects at least 20 people — including victims and their families and friends — to participate in the sentencing hearing, either live in person or through statements submitted via written letter.

As to whether anyone will speak on Weller's behalf, defense attorney Mark Overland said, “probably not.”

Originally published in the Santa Monica Daily Press print edition on October 28, 2006. Read the original PDF.

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