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must read! Shows that the defense goes on to extreme lengths to acquit
the defendant.
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-------- Original Message --------
Subject: [elist] Bill Bliss - Officer Convicted
Date: Sat, 7 Jan 2006 15:23:29 GMT
From: Jeff Orum <[email protected]>
>From the Canon City Daily Record:
(http://www.canoncitydailyrecord.com/Top-Story.asp?ID=2460)
Publish Date: 1/6/2006
Officer guilty of careless driving
Alison Miller
Daily Record Staff Writer
Cañon City Police Officer Doug Havens was convicted Thursday night of
careless driving in a June 2005 incident that killed cyclist Bill Bliss
on Colo. 67, two miles north of Wetmore.
Havens was found innocent of the lesser charge of speeding.
Assistant District Attorney Cheyenne Ross built her case around Bliss’
advocacy for bicycling safety and expert accident reconstruction.
The victim’s longtime friend and fellow cyclist Russell Godfrey
testified Bliss, a 69-year-old Californian, advocated and taught road
safety to new cyclists. According to Godfrey, Bliss always wore a helmet
and bright clothing, had triangle reflectors and followed traffic laws.
Godfrey had been on the cross country tour that began in Virginia and
was to end in Oregon before Bliss was struck by Havens on June 24.
Havens, a rural Westcliffe resident, was off duty at the time.
Defense attorney Cindy Montgomery called Bliss’ safety into question
during cross-examination. She said Bliss’ bike and physical condition
contributed to the accident.
Testimony indicated the bike was loaded down with equipment and had
perhaps been engineered to carry excess cargo. The bike was described by
Godfrey as having smaller than average wheels and a rack carry-ing a
tent, tools, sleeping bag and other supplies.
Godfrey also testified Bliss was blind in the left eye, which was later
determined by the Fremont County Coroner Dorothy Twellman to most likely
have affected Bliss’ peripheral vision and possibly affected his ability
to see motorists.
The Bliss family, who came from California and Seattle to attend the
trial, disputed claims he was unsafe and said Bliss was an extremely
accomplished cyclist.
“Bill has been bicycling for 36 years,” said Bonnie Bliss, the victim’s
widow. “He has over 300,000 bicy-cle miles. He’s a very proficient
rider; he’s done most of those miles commuting in urban traffic in San
Jose (Calif.).
“Of all the people in the nation, he is probably one of the people who
have such a depth of understanding and depth of thinking in these types
(road cycling) of situations,” Mrs. Bliss said.
The defense questioned whether Bliss actually had been following the
rules of the road and claimed he was riding close to a foot from the
center line instead of near the white line as required by law.
Montgomery supported the claim with testimony from rural postal carrier
Amanda Withers who said she saw between 10 and 15 cyclists on the
highway “far out in the road so that you had to get into the other lane
to get past them.”
Montgomery outlined a series of events, arguing Havens came around a
curve just south of mile marker 2 on Colo. 67 at legal speeds and his
view was obstructed by a vehicle in front of him. She also said Bliss
was riding where he should not have been and that Havens had no time to
prevent the accident.
Jeffery Burke, an accident reconstruction specialist from the Douglas
County Sheriff’s Office, testified Havens could not have been traveling
more than 58 mph when he struck Bliss.
Burke said he personally drove Havens’ Ford truck around the curve
attempting to reach 77 MPH and said the truck almost rolled. He said he
was unable to reach the alleged speed Ross claimed Havens was travel-ing
after coming out of the curve.
Burke also said at such high speeds it is impossible to see people when
looking out the vehicle’s window, supporting the claim he was not speeding.
Rancher Chad Draper testified for the defense he was fixing a fence on
his property and observed Havens driving. He said he and Havens waved to
each other.
Draper also supported defense’s claims there had been another car ahead
of Havens.
The prosecution’s expert witness gave a conflicting account of what he
believed happened that day.
Mike Halpin, accident reconstruction specialist for the Colorado State
Patrol, said he calculated Havens’ speed at 77 MPH in a 65 zone through
calculations and measurements taken at the scene.
Halpin said skid marks, a scrape mark from the bicycle making impact
with the road and Havens’ account of the accident gave him points of
reference to reconstruct the accident.
According to Halpin, Havens probably came around the curve at high
speeds, saw Bliss, had about 1.5 seconds reaction time, struck Bliss and
applied the brakes.
The injuries sustained by Bliss were determined to be associated with
Halpin’s account. Pictures of the deceased Bliss demonstrating such
injuries were denied by Judge William Fox on grounds they were more
inflammatory than probative.
Fox said the photos would evoke the sympathy that he himself admitted to
having while viewing the pho-tos.
Evidence from the death certificate was admitted stating Bliss died from
a substantial head injury caused by being struck by a motor vehicle.
Havens took the stand to give a personal account of the events and, upon
cross-examination by Ross, a mistrial was almost granted after she asked
Havens how many speeding tickets he has been issued. Havens admitted to
one speeding ticket before Montgomery had the opportunity to object.
Prior acts are not allowed to be introduced into evidence, and
Montgomery moved for a mistrial. Fox de-termined though Ross’ conduct
was unacceptable, an instruction to the jury to not weigh the speeding
ticket was more appropriate than to grant a mistrial.
The jury found that there was not enough evidence to convict Havens of
speeding, but decided he was driving carelessly and caused Bliss’ death.
The misdemeanor carries a range of sentence options from fines and
points on his license to jail time. A sentencing hearing was scheduled
for 1:30 p.m. March 6.
According to CCPD Capt. Jim Cox, Havens is working and he knows of no
plans to remove him from duty. Cox said the decision to keep or
terminate Havens’ employment lies with City Administrator Steve Rabe,
who had no comment.
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the defendant.
+ravi
-------- Original Message --------
Subject: [elist] Bill Bliss - Officer Convicted
Date: Sat, 7 Jan 2006 15:23:29 GMT
From: Jeff Orum <[email protected]>
>From the Canon City Daily Record:
(http://www.canoncitydailyrecord.com/Top-Story.asp?ID=2460)
Publish Date: 1/6/2006
Officer guilty of careless driving
Alison Miller
Daily Record Staff Writer
Cañon City Police Officer Doug Havens was convicted Thursday night of
careless driving in a June 2005 incident that killed cyclist Bill Bliss
on Colo. 67, two miles north of Wetmore.
Havens was found innocent of the lesser charge of speeding.
Assistant District Attorney Cheyenne Ross built her case around Bliss’
advocacy for bicycling safety and expert accident reconstruction.
The victim’s longtime friend and fellow cyclist Russell Godfrey
testified Bliss, a 69-year-old Californian, advocated and taught road
safety to new cyclists. According to Godfrey, Bliss always wore a helmet
and bright clothing, had triangle reflectors and followed traffic laws.
Godfrey had been on the cross country tour that began in Virginia and
was to end in Oregon before Bliss was struck by Havens on June 24.
Havens, a rural Westcliffe resident, was off duty at the time.
Defense attorney Cindy Montgomery called Bliss’ safety into question
during cross-examination. She said Bliss’ bike and physical condition
contributed to the accident.
Testimony indicated the bike was loaded down with equipment and had
perhaps been engineered to carry excess cargo. The bike was described by
Godfrey as having smaller than average wheels and a rack carry-ing a
tent, tools, sleeping bag and other supplies.
Godfrey also testified Bliss was blind in the left eye, which was later
determined by the Fremont County Coroner Dorothy Twellman to most likely
have affected Bliss’ peripheral vision and possibly affected his ability
to see motorists.
The Bliss family, who came from California and Seattle to attend the
trial, disputed claims he was unsafe and said Bliss was an extremely
accomplished cyclist.
“Bill has been bicycling for 36 years,” said Bonnie Bliss, the victim’s
widow. “He has over 300,000 bicy-cle miles. He’s a very proficient
rider; he’s done most of those miles commuting in urban traffic in San
Jose (Calif.).
“Of all the people in the nation, he is probably one of the people who
have such a depth of understanding and depth of thinking in these types
(road cycling) of situations,” Mrs. Bliss said.
The defense questioned whether Bliss actually had been following the
rules of the road and claimed he was riding close to a foot from the
center line instead of near the white line as required by law.
Montgomery supported the claim with testimony from rural postal carrier
Amanda Withers who said she saw between 10 and 15 cyclists on the
highway “far out in the road so that you had to get into the other lane
to get past them.”
Montgomery outlined a series of events, arguing Havens came around a
curve just south of mile marker 2 on Colo. 67 at legal speeds and his
view was obstructed by a vehicle in front of him. She also said Bliss
was riding where he should not have been and that Havens had no time to
prevent the accident.
Jeffery Burke, an accident reconstruction specialist from the Douglas
County Sheriff’s Office, testified Havens could not have been traveling
more than 58 mph when he struck Bliss.
Burke said he personally drove Havens’ Ford truck around the curve
attempting to reach 77 MPH and said the truck almost rolled. He said he
was unable to reach the alleged speed Ross claimed Havens was travel-ing
after coming out of the curve.
Burke also said at such high speeds it is impossible to see people when
looking out the vehicle’s window, supporting the claim he was not speeding.
Rancher Chad Draper testified for the defense he was fixing a fence on
his property and observed Havens driving. He said he and Havens waved to
each other.
Draper also supported defense’s claims there had been another car ahead
of Havens.
The prosecution’s expert witness gave a conflicting account of what he
believed happened that day.
Mike Halpin, accident reconstruction specialist for the Colorado State
Patrol, said he calculated Havens’ speed at 77 MPH in a 65 zone through
calculations and measurements taken at the scene.
Halpin said skid marks, a scrape mark from the bicycle making impact
with the road and Havens’ account of the accident gave him points of
reference to reconstruct the accident.
According to Halpin, Havens probably came around the curve at high
speeds, saw Bliss, had about 1.5 seconds reaction time, struck Bliss and
applied the brakes.
The injuries sustained by Bliss were determined to be associated with
Halpin’s account. Pictures of the deceased Bliss demonstrating such
injuries were denied by Judge William Fox on grounds they were more
inflammatory than probative.
Fox said the photos would evoke the sympathy that he himself admitted to
having while viewing the pho-tos.
Evidence from the death certificate was admitted stating Bliss died from
a substantial head injury caused by being struck by a motor vehicle.
Havens took the stand to give a personal account of the events and, upon
cross-examination by Ross, a mistrial was almost granted after she asked
Havens how many speeding tickets he has been issued. Havens admitted to
one speeding ticket before Montgomery had the opportunity to object.
Prior acts are not allowed to be introduced into evidence, and
Montgomery moved for a mistrial. Fox de-termined though Ross’ conduct
was unacceptable, an instruction to the jury to not weigh the speeding
ticket was more appropriate than to grant a mistrial.
The jury found that there was not enough evidence to convict Havens of
speeding, but decided he was driving carelessly and caused Bliss’ death.
The misdemeanor carries a range of sentence options from fines and
points on his license to jail time. A sentencing hearing was scheduled
for 1:30 p.m. March 6.
According to CCPD Capt. Jim Cox, Havens is working and he knows of no
plans to remove him from duty. Cox said the decision to keep or
terminate Havens’ employment lies with City Administrator Steve Rabe,
who had no comment.
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