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Trial Started for Boat Crash of 2008

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Old 04-14-2013 | 10:00 AM
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Originally Posted by Audiofn
Sharkey do you know that they have not looked at those videos? Maybe they have and it will be used as evidence? We all know that the news papers get things wrong all the time. I am sure the prosecuters have a lot more information then we are reading in the papers.
According to one of the testimony's they went to retrieve video footage from the 3 surrounding bridges and none was found. The cameras were not recording during that time it was only "LIVE FEED" .

If they do have the other camera's footage and it's introduced later in the case than that there should prove that the lights were on or off.

The Prosecutor Bryce stated this about the bow light, "it had not been raised into a position where it could have been seen even it if was on.

In my photos right after the accident show the bow light appears to be in the upright position as if it was on.

2 weeks later the images show the bow light was changed to the down position as if it were not in use. ???

So I guess it depends on the day the investigators saw the boat to determine what position they assumed the light was in at the time of the accident.
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Old 04-14-2013 | 11:51 PM
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Originally Posted by goatskin
No, actually I have been very consistent in my statements. The prosecutors are Gestapo, making up sh!t as they go along, trying to criminalise a civil matter, using 'law' which does not exist.

Mr DeGilio is, pretty clearly, a slimeball, which has nothing to do with prosecutors who are arrogantly contemptuous of law, justice, custom, treaties and indeed NJ state law.

I do not credit THEM with one scintilla of good faith.

Better?
Gestapo? You are way out of line. I a criminal defense attorney in that handles cases throughout the state of NJ; I understand you point of view, the Prosecution is doing her-his job, if the defendant is innocent the his defense attorney will save the day. The police made the charge, the Prosecutor is doing their job.

The Prosecution to be labeled as arrogant, contemptuous? No, I have dealt with this group (Ocean County Superior Criminal division) and will again today at 9:00 AM (and at Burlington County Superior Criminal division today too), they are sometimes closed-minded and tough negotiators, but I expect no less from a Prosecutor.

We can agree to disagree. And I do not take a position on either side of this case, I have looked at any of the videos or write ups, so my I base my opinion on my prior and current dealings with these exact same Prosecutors. I would like to look at the discovery, then I would be best informed to comment on the case.

Good luck in your practice, I myself am glorified salesman with a license to practice law.

Stephen
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Old 04-15-2013 | 10:08 AM
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Originally Posted by SHARKEY-IMAGES
2 weeks later the images show the bow light was changed to the down position as if it were not in use. ???

So I guess it depends on the day the investigators saw the boat to determine what position they assumed the light was in at the time of the accident.
There were witnesses that said it wasn't on. It's position could've also been changed when the boat was moved from the lift to the trailer. We don't know what time of the morning the boat was retrieved (could've been pre-dawn).
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Old 04-16-2013 | 03:28 PM
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Originally Posted by goatskin
Yes, it is a tragedy, but why was this case even brought?

Madame-Super-Prosecutrix and her overcharging, hyperbolic, and emotively theatric language aside ... not to mention contributory social issues, like drinking and boating by one or both parties ... I would think has a serious problem with long and well established Admiralty Law, Customs and Conventions.

One can argue speed, prudence, impairment, inattention, narrowness, non-functioning bow light, etc.etc. but from the pic of the Whaler, he was clearly the crossing vessel and is (with limited and narrow exceptions) responsible for avoiding a collision.

This is a political show trial, right?

Bob
Ever boat at night?

You don't have a chance if some idiot doesn't put up and turn on his bow light. My Dad was nearly killed by a barge operator who ran with no lights. I have no tolerance for people like this. They should hang the b@stard.

Michael

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Old 04-17-2013 | 01:10 PM
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http://www.nj.com/ocean/index.ssf/20...ing_trial.html
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Old 04-18-2013 | 05:12 PM
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As I have stated all along, go to the VIDEO evidence.

This will prove whether the lights were on or off on the IMPERIAL .

Why the bridge cameras had no recordings that night I can't explain ...

But apparently the same camera video footage that showed the IMPERIAL arriving at the restaurant around 8PM also showed the video footage of the IMPERIAL leaving .

As it was explained to me the video showed the boat leaving with the IMPERIAL's Navigation Lights ON.

Closing arguments tomorrow.

Wonder how long it will take for a verdict ... ?
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Old 04-18-2013 | 08:28 PM
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Originally Posted by SHARKEY-IMAGES

As it was explained to me the video showed the boat leaving with the IMPERIAL's Navigation Lights ON.
tim just from what i read, who cares if his nav lites were on or not ????

the IMP struck the whaler, he admitts that he hit something , left the scene - probably the worst thing he could have done.

really don't see that the nav lights are going to a deciding factor
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Old 04-18-2013 | 08:41 PM
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Originally Posted by skaterdave
tim just from what i read, who cares if his nav lites were on or not ????

the IMP struck the whaler, he admitts that he hit something , left the scene - probably the worst thing he could have done.

really don't see that the nav lights are going to a deciding factor
See this story:

http://brick.patch.com/articles/digi...ighting-issues

That came out before the video was exhibited.

Opening statements claim the lights were not on and had "FLAPS" over them.

According to the State Trooper's testimony "if DiGilio's navigation lights were not on or not working at the time of the accident, he would forfeit the right of way and would have automatically become the "stand on" vessel in any crossing of paths with another boat."

The case was based on the lights not being on and speed.

They were not in a No Wake Zone and the video shows the lights were on . Even though they tried to convince the Jury that the bow light was not even in the up position for it to be seen if it even was on. My photos after the accident show the Bow Light in the up position. 2 weeks after the accident the photos show that someone moved it to the down position . Hmmm ???

Should be interesting to hear the verdict.
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Old 04-18-2013 | 09:01 PM
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Originally Posted by SHARKEY-IMAGES
See this story:

http://brick.patch.com/articles/digi...ighting-issues

That came out before the video was exhibited.

Opening statements claim the lights were not on and had "FLAPS" over them.

According to the State Trooper's testimony "if DiGilio's navigation lights were not on or not working at the time of the accident, he would forfeit the right of way and would have automatically become the "stand on" vessel in any crossing of paths with another boat."

The case was based on the lights not being on and speed.

They were not in a No Wake Zone and the video shows the lights were on . Even though they tried to convince the Jury that the bow light was not even in the up position for it to be seen if it even was on. My photos after the accident show the Bow Light in the up position. 2 weeks after the accident the photos show that someone moved it to the down position . Hmmm ???

Should be interesting to hear the verdict.
Good grief. The Imperial went AIRBORNE over the console and damn near sliced the guys head off. This is despite endless rants by you that there was no way that could have happened. WHAT HAPPENED TO THE PROP THAT GOT DAMAGED? You know it must've been damaged if it sliced up the guys head and tore the steering wheel off.
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Old 04-18-2013 | 09:13 PM
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Question, somewhat related to this story....Why not have bow lights constantly on? I mean, when the key is turned on, its on. Kind of like daytime running lights on vehicles now. Wouldn't that make some sense?
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