The prosecution starteds calling witnesses to testify on Tuesday in the Mickey Mosher trial.
Cornelius Martin and Brooks Mitchell were riding their motorcycles in Logan County when police say Mosher crossed the center line and hit them. Martin and Mitchell were killed in the crash.
A third rider, Bill Leachman was seriously injured and another rider Lloyd Ferguson was unharmed.
Day Two of the trial began this morning, Tuesday, April 10, 2007, at 9 a.m. with opening statements.
Commonwealth Attorney Charles Orange gave his opening statement, but Mosher’s attorney, Stewart Wheeler waived that right. The prosecution called their first witness from the Logan County Sheriff’s Department.
The prosecution called several witnesses on Tuesday and it seemed both sides were focusing their questions around whether Mosher was under the influence of drugs at the time of the crash.
“This is an example of decisions ... good decisions and bad decisions. The men riding the motorcycles made good decisions,” Orange argued.
Former Logan County Sheriff’s deputy, Anthony Williams was then called to the stand to testify.
“She was under the influence,” Williams said.
Officials say Mosher has admitted to using marijuana at 9:30 p.m. the night before the crash, but whether or not she was under the influence of drugs at the time of the crash was the focus of the trial.
“All of the tests show the presence of marijuana,” Orange said.
“Did she appear to be lucid to you or was she able to talk to you,” Wheeler asked.
“Yeah, yeah,” the EMT witness said.
“Did she say anything that made very little sense,” Wheeler asked.
“No,” the EMT witness answered.
Williams said a field sobriety test was not given to Mosher at the scene. As soon as she was removed from her truck she was taken to Logan memorial Hospital. Williams said he interviewed Mosher and the hospital gave her a blood test later that day.
“Did she have a lawyer present when you interviewed her,” Wheeler asked.
“She was read her Miranda Rights and she understood them,” Williams answered.
“How could she understand the Miranda Rights under the influence,” Wheeler questioned.
All of the witnesses called to the stand were asked about Mosher’s state of mind.
Though tests show marijuana was in her system, most of the witnesses say Mosher didn’t appear as if she was on any kind of drug.
There was also emotional testimony from Mosher's co-worker who witnessed the wreck.
"When I realized I don't know if she realized that she was getting real close to going over the yellow line, I got on the CB and yelled "Mickey" and no more than I yelled Mickey is when it all happened", says Susan Harrick.
Court resumes on Wednesday morning at nine.
Stay connected to WBKO as we continue to follow this trial.