Mickey Mosher Trial Recap

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The Mickey Mosher trial came to a close on Friday as the jurors in the case found Mosher not guilty to all but two charges.

Mosher was being charged with driving under the influence, possession of marijuana, possession of drug paraphernalia, two counts of murder, two counts of second degree manslaughter, one count of first-degree assault and four counts of wanton endangerment.

This comes after Mosher crossed the center line on U.S. Highway 79 last June killing two Bowling Green businessmen, 51-year-old Brooks Mitchell and 57-year-old Cornelius Martin, and seriously injuring another, Bill Leachman, who lost his leg.

A fourth rider, Lloyd Ferguson, narrowly missed the crash.

Mosher was accused of being high on marijuana at the time of the crash. On April 13, 2007, jurors returned a verdict that Mosher was only guilty of possession of marijuana and possession of drug paraphernalia.

As a verdict of not guilty filled the courtroom those inside seemed to be shocked, and the families of the Bowling Green men involved in the unforgettable June crash were reliving a painful memory.

The families of Martin and Mitchell could not hold back their tears as Mickey Mosher was found not guilty for the deaths of their loved ones.

"Obviously the jury chose to apply what they considered the facts presented by the defense to the law and that's the result we have. We're obviously disappointed,," said Charles Orange, Logan Commonwealth attorney, after the verdict was read.

Earlier that day in his closing arguments Attorney Stewart Wheeler began by saying he had never started a closing argument by addressing the family members that have been victimized by an accident.

"In doing this, I speak to the families of Warren County, and when I say we....I mean we, myself and the defendant Mickey Mosher. We deeply regret the fact that two people are no longer with us and one person is severely injured as a result of this accident," Wheeler said.

Wheeler then pleaded with the jury that his client, Mickey Mosher, was only guilty of an accident and not a crime. He said Mosher was only guilty of having marijuana in her truck the day of the crash and not in her system.

"Ten to twenty dollars worth of marijuana and some zig zag rolling papers. That's what we're guilty of, but if you don't find based on what you've heard on that witness stand, based on what you heard that that very morning this lady was under the influence this case is over".

The Commonwealth, showing the jury marijuana found in Mosher's truck and purse the day of the crash, maintained through expert witnesses that there was marijuana in Mosher's system.

"She was impaired when she chose to get behind the wheel of her car. She was impaired and that is why this wreck happened," said Kristy Vick Stratton, Assistant Commonwealth attorney.

Throughout the trial, Wheeler continuously questioned the legitimacy of the studies used by the expert witnesses, both employed by the University of Kentucky. Several times, he brought up a study used by one of these experts that verified Mosher was under the influence at the time of the crash, and had smoked a marijuana cigarette an hour prior to the crash.

"When we first talked to him, he told you he couldn't give you an independent evaluation as to when she last ingested a marijuana cigarette, but for some unknown reason, he's resurrected by this study. There's a study out there ladies and gentleman of the jury and based upon that study, I've determined she smoked marijuana between 3 to 4.5 hours of the time it (the blood and urine test) was taken. Did we ever see that study?" Wheeler asked the jury.

The Commonwealth disagreed, saying the study used was accurate, and that Mosher was under the influence.

"You tell her that she cannot come to the roadways of Kentucky and drive impaired and take the lives of two people and seriously injure another, because she is guilty beyond a reasonable doubt," Kristy Vick Stratton told the jury.

She testified that she had smoked a marijuana cigarette the night before the crash, but that she hadn't smoked the day of the accident. Mosher testified that she was reaching for a regular cigarette that had fallen on the floor when the crash happened.

"In your opinion, what caused the accident?", asked Stewart Wheeler.

"I was just reaching down to pick up my cigarette and it was just an accident", Mosher said.

"I'm so sorry. I wish I would've know something than what I did so not everybody in this county thinks I'm such a terrible person cause I'm not," Mosher said.

After three hours of deliberation, the jury agreed.

Mickey Mosher was only found guilty to possession of marijuana and drug paraphernalia.

A sentencing phase for Mosher is set for April 16, 2007, at 9 a.m. and the maximum sentence she could see is 12 months in jail.

She is also scheduled for another trial in Logan County for failing a drug test while out on bond in this case. Mosher is accused of having marijuana in her possession when she went to the Logan County Jail to be drug tested. The random drug test was requested by Orange.