It is true
 

This time it is the State that is holding up the process. Below is a quote from the Citizen on line article.

"The attorney for Erica Blizzard, James Moir of Concord, said the state has not been able to obtain an expert report on toxicology issues, so he has not been able to prepare a report in response. The New Hampshire Union Leader reports Belknap County Attorney Jim Carroll did not object to the request."

Did their computer lock up or something?

Trial delay
 

Story this morning in the Citizen about the latest delay. Can be read in full by clicking HERE.

....back in the news
 

...in today's Dec 30 www.unionleader.com., January 18....jury selection scheduled in Belknap County court...

Nobody asked me but I just think that drinking and boating is totally different from drinking and driving, and therefore the drinking laws simply Do Not Apply! Boating and beer goes together like cake and ice cream, like hotdogs and mustard, like peanuts and popcorn, like boating and beer....see what I mean!

Especially, when you consider that this accident happened at 2pm out in the middle of a totally deserted lake with no other boaters.....so where is the harm with boating and a wee small can of beer, or two .....gee whiz?

How about 2 AM or have you been sipping ADULT Beverages Already :liplick:

Or perhaps on the way home from church after sipping a little sacramental wine maybe FLL.

As friend of both the driver and the victim, I see very little humor in your post FLL. Do you ever think about how some of your insensitive posts will effect others?

Working link to Union Leader story
 

Here is a working link to the story mentioned by FLL.


Jury selection next month in homicide trial

Interesting comments appear after the story. It seems that the GPS data for Diamond Island was possibly altered at the time of the accident.

100,000
 

Off topic, I know. But worth mentioning.
Very soon this thread will have 100,000 views. I assume this is a forum record. And one that will probably stand for quite a while.

On another note, after gassing up one morning this past summer, I ran in for a couple bags of ice, as myself and two friends somehow ended up with a warm 30 pack of Bud Light. Although I had never met her, the person behind the counter at the marina was quite obviously Erica.
And it's funny...it instantly served as a reminder as to what can happen when people become careless, and mix in a few drinks. Suddenly, cruising the lake with the boys, and tipping a few in the process, didn't seem like such a good idea.

In all honesty while driving my boat I have a zero tolerence policy for myself. People on the boat can have what ever the like but I can't see taking the risk... Especially with a GFB I already stand out. I usually will go to the Naswa and they laugh at the amount of sprite with limes I will drink.

I am not saying this is what everyone should do but it is just my 2 cents.

The specifics and evidence have not yet been brought to light and I think it is in very bad taste to take a tragic accident and make speculations.

All I know is it is something we all can learn from and make the lake a safer place.

Sprite with lime has been my choice as well. Another very refreshing drink is Diet tonic water with lime, after all, if you're a captain and driving the boat, you're passengers are trusting YOU, and as a captain we need to give the trust back in safe passage!

I believe that Don has said that 100,000 views means a 100,000 unique viewers and not a 1000 people looking a 100 times. Truly a big number.

GPS—For the Defense?
 

1) Another 2008 Massachusetts fatal collision—also "faulting" GPS—resulted in a ten-year supervised probation, a three-year ban from boating, a one-year suspended sentence, a five-year revocation of boating license, and a three-month suspension of driver's license. Alcohol was not a factor.
—January, 2010 Soundings magazine—no other resolution of this case was found at Google. (!)

2) Learning of quite obviously Erika—and putting on my unaccustomed F. Lee Bailey hat—this is the one rare case that I would put the defendant on the witness stand.

(In a wordless plea for sympathy :( ).

3) If you slowly cruised past the crash scene this season, you'd see somebody has added a rather tasteless lighthouse model. :confused: :rolleye1:

A GPS display that is staggered can't be a helpful defense in the face of BWI evidence. :rolleye1:

It is technically possible and very likely some were counted more than once, but still a very impressive showing.

Everyone should do it - there should be a zero tolerance for drinking and operating a boat; they don't mix.

I Agree with SIKSUKR
 

Fat Lazy Less' comments are very insensitive and hope the folks here on the forum realize what a dope he really is!

Drinking and boating
 

It's the same responsibility as operating any equipment, or activity that involves risk to yourself or others. You also have to consider the "risk to others" as the efforts that could be made by rescue personnel. Every year some responders are involved in accidents on their way to incidents and are hurt or killed along with other people at that scene. People can also be hurt during the rescue attempt when fuel tanks explode, equipment fails or somebody simply slips.

Only a fool would express that drinking and boating is without risk. The proof of that is the accidents we see where alchohol is listed as a factor.

I travel with my daughters and my grandchildren. Not only is it a responsible thing to do, it set a good example to the younger generations.

My girl friend's sister was involved in a BUI accident, and I respect her wish that there will be no drinking. It's common sense and the right thing to do.

GPS error defense
 

What a stretch that argument will be. Driving a boat late at night -- in the rain -- and fog -- on plane -- after knocking back a few -- but relying on your GPS to keep you from running into anything? What about maintaining a safe watch? Your GPS doesn't see other boats! What about driving too fast for the conditions? If you'd been going slower (a lot slower), the impact wouldn't have been so catastophic and probably a life would have been spared. No, the captain owns full responsibility for this accident.

Moreover, I think telling the court you were relying on your electronics to keep you out of trouble and that a failure there caused the accident would seem to support a wreckless boating argument not excuse causing the accident.

But when you have little defense, I guess you try any argument.

Can we drop the personal attacks?
 

FLL is known (notorious?) for obtuse, sometimes sarcastic and yes, even offensive posts. But please don't make things worse by violating other posting rules. The forum has an ignore feature for a reason. Try that instead please.

He has a strong reputation of saying outrageous things to stir things up. I am not convinced he believes half of what he says. (At least that is what I tell myself)

As far as my experience with GPS. Sometimes I have seen the unit shift my position. I try to establish that the unit is accurately synchronized every time I turn it on.

Its more political spin than anything else..

Yep, Thank you Don for the ignore button.

Today's Jan 5 www.citizen.com has an update. It describes the numerous personal injuries in some detail and they certainly sound bad enough to be terminal......a terrible accident-crash! Definately, not a happy situation...

Another delay???
 

Honestly....this is just plain foolish. I believe this the second, third, fourth, maybe fifth delay????
How many times can her attorney do this? Seriously? Maybe someone (SKIP?) knows?
I believe the last delay, was for the same exact reason...scheduled surgery. At what point does a "scheduled" court date take precedence?!
Is it possible, this is some type of tactic the defense is using? I realize she is very much in need of ongoing medical care, but it certainly could be carried out after the trial, whether she is incarcerated or not.

But if it is after and she is in fact incarcerated, then we the taxpayers fit the bill for her medical care, I say let her get it all done first.
If I were the judge I would make certain that is was completed in a timely manner, not this wait two weeks before each trial date, I am certain that her doctors have a timeline set in place for each surgury and what is required after, I believe it is called "care planning".

Sa...

The state isn't going to have a problem with this delay.... getting the jurors out on the ice to visit the crash site would be a difficult chore at best....

My money is on a trial after ice-out....

Woodsy

Judge McGuire will retire April 2 so this could mean a new Judge if the trial is delayed further.
http://www.fosters.com/apps/pbcs.dll...=2010701059856

As a long time fan of tv shows Dragnet & Perry Mason, it seems like the numerical blood alcohol level is a very important number as to how the State of NH decides to prosecute any motor vehicle, driving related death.

What is the threshold blood alcohol level for DUI in this specific boating incident? Is it 0.08?

So, if the Belknap County Attorney can present the court and jury of 12 a blood alcohol level of .08 as opposed to .0799, it legally makes a big change in how the attorney designs their plan of prosecution.

With a local jury of 12 intelligent & serious jurors, isn't it a distinct possibilty they decide 'not guilty' in consideration of all the pain and suffering already endured? By incarcerating the indicted boat driver, who is the State of NH punishing and who is the State protecting? What is the mission of the State of NH's system for justice in a criminal case like this one?

As we all know, the deceased women was not a stranger but a very close friend of the boat driver. If the deceased person was the mother or sister of the boat driver, would that substantially change the State's plan of prosecution? Does the relationship between the two have any bearing on the prosecution or on the jury's decision?

If the blood alcohol level is 0.08, does that in the mind of the prosecutor, who follows state legal procedure, basically trump a death of a close friend relationship as the prosecutor designs his plan of prosecution?

If Perry Mason were teaching a first year classroom of law students, what would he say?

I think speculating on the facts of the case is in extreme bad taste. The trial will occur soon enough and when the information is brought to light then we can draw our own conclusions. Until then to speculate, discuss, reflect, or make conjecture is frankly disrespectful to the unfortunate soul that was lost. IMO

If you want to discuss the merits of BWI I am sure we can start a BWI thread and have at it.

As a cousin of the deceased, I can't ask for a better statement. I would ask the webmaster out of respect to close this topic, if this taste continue.

A new article in today's January 7 www.citizen.com says a jury will be picked in the first week of March, and the trial will start on the second week.

I for one would definately not want to be one of the 12 jurors, and could probably get excused by the defense attorney after pointing out the various comments I've made in this thread.

People working in the NH justice system as police officers, prosecutors, lawyers, court officers and judges probably get mentally grounded over time with dealing with the difficult personal issues associated with their job. To be a defendant must be no picnic...sympathy extended to all involved.

Sounds like some kind of an apology I guess.:confused:

An impartial jury?
 

It will be interesting to see if ANYONE that reads or participates on http://www.Winnipesaukee.com/forums will be allowed to sit on the jury?

With over 101,000 views on the Diamond Island Accident thread alone, it could become a factor in a fair trial. I wonder if that will be one of the questions that the prosecution and/or defense will ask during jury selection during the exclusion process.

HERE is the article mentioned by FLL

Simple...
 

Don't drink and drive... not boats, cars, trains, planes. People die.
Don't text and drive....not boats, cars, trains, planes. People die.
Don't do drugs and drive......not boats, cars, trains, planes. People die.
I did not read the article so I am not taking any point of view on the case that was cited in the link.

Driving safely is hard enough with all the nuts out there today without making your brain less alert.

Everyone stay safe and hope that we all have a Happy 2010!!!

If I was called to jury duty on a case like this, I'd be ready to show the judge and lawyers my comments on the forum. Then I let them decide if it disqualified me.

I feel like I'm an honest person and could still make a fair judgement, even given comments I made here. But I could also understand them wanting someone who didn't already have wrtten opinions.

Now, just reading about the case should not disqualify you.

What apology?
 

The Hartman, Litchfield, Boudoin, Blizzard families are very upset about a handful of supporters that express nothing but hate against boaters. They wish these people will take their agenda elsewhere and rightly so. I should know, I am a good friend with connection to these families.

I have live on this lake all my life. So has my father. We can connect ourselves to Leander lavallee, The Irwins, The Calllahans and The Goodhues. they have made this lake a great lake to be on. I disdain what the lake has become. No longer do I see a friendly wave from boaters that have been a tradition in the past. No longer do I see boaters respecting other boaters and no longer do I see the camaraderie between boat owners and waterfront property owners. The lake has become a battleground.

Sorry to rant Don, but enough is enough, these folks are beyond apologetic.

Why would anyone open up a thread in a forum when they know that there will be negative comments or frivolity being made against someone that they know.
Everyone in this forum knows that FLL likes to joke around and get people to loosen up a little bit. I don’t think that makes him a bad person or that he is trying to slander anyone with his comments. If I thought he was slandering someone, I would be the first to ask that he be banned from this forum. However he has not done that and I think some of the comments made about him are unfair.

Why don’t we let the webmaster make the decision as to whether anyone is doing something wrong with their comments.

Some good points, YS and I find it a bit tiresome that a couple of posters take such offense to the discussion of said accident. THIS IS A FORUM!!! Look up the definition! If anyone is truly offended by a discussion of the details regarding this accident because they have some personal connection to the participants or it interferes with their agenda then they have should just stay away from the thread altogether. As far as Broadhopper's comment about "nothing but hate against boaters"...the forum record shows a barrage of very negative comments(yes, hateful) from him aimed at so many who have an opposing view of how the lake should be managed.

I should lighten up?
 

I find most of FLL's post entertaining as well but that does not dismiss the over the top ones. How does making light of drinking and boating with a death resulting become ok your eyes? I find nothing funny at all having a laugh at the expense of a deceased woman.