Vanessa Brown trial: Defense claims East Hanover fatal was not a crime

MORRISTOWN - An intoxicated Vanessa E. Brown never braked her Toyota Camry when she veered off Ridgedale Avenue in East Hanover, drove over a curb and struck Ralph Politi Jr. as he stood outside his pickup truck, a Morris County assistant prosecutor told a jury Wednesday.

Assistant Prosecutor John McNamara Jr. calmly described in his opening trial statement the evidence he will present in his effort to prove Brown guilty of aggravated manslaughter but defense lawyer Edward Bilinkas thundered that Brown is innocent of any crime and that an East Hanover police sergeant who is a longtime friend of the Politi family deliberately "steered" the case so that Brown would be criminally prosecuted.

Brown, 35, of Parsippany, is on trial before Superior Court Judge Salem Vincent Ahto on charges of aggravated manslaughter and vehicular homicide. She allegedly had a blood alcohol content of .133 — above the 0.08 percent level at which a motorist is deemed legally intoxicated in New Jersey — when she struck Politi, a 49-year-old married father of twin daughters, the afternoon of May 5, 2012 as he stood outside his pickup truck in a parking lot that runs parallel to Ridgedale Avenue.

WATCH: Vanessa Brown trial, opening statements

Bilinkas characterized the crash as "a civil matter," not a crime. He also said that the Politi family is so well-known in East Hanover that Brown was "vilified" over the Internet and in rumors around town about the incident.

"I'm telling you ladies and gentlemen, it ain't gonna be like he said," Bilinkas said, referring to McNamara's opening.

SEE ALSO: Defense: Road defects, not intoxication, caused East Hanover fatal  

Whether Politi was standing in the shoulder of the road or in the parking lot right next to the road is expected to be hotly disputed at trial. About 25 relatives and supporters of the Politi family were in court for the openings and the victim's widow, Rosemarie Politi, walked out of the room when Bilinkas called for an acquittal of his client, saying "She's been sitting in jail four years, cloaked in the presumption of innocence!"

"This case, ladies and gentlemen, is a tragedy built upon a tragedy," Bilinkas said. "The first tragedy, clearly, is that Ralph Politi died on that date. The second tragedy, the second tragedy is that my client, Vanessa Brown, has been wrongfully charged with a criminal offense."

McNamara told jurors he will prove that Brown made a deliberate choice on May 5, 2012 to drive while intoxicated and ignored the warning signs of impairment leading up to the lethal crash, including turning around on a residential lawn. He said jurors will hear that Brown previously was convicted in 2009 of driving while intoxicated in Tinton Falls.

"On May 5, 2012, Ralph Politi Jr. died because of the choices and risks that the defendant disregarded," McNamara said, "He died because this woman failed the simplest task of operating a motor vehicle.  She failed the simplest task of keeping her car between the marked lanes of travel on a dry, clear day."

"The defendant simply ran him over and killed him," McNamara said, noting that evidence will show Brown's vehicle never braked when it left Ridgedale Avenue, struck Politi in the midsection and legs, and continued through the parking lot where his business, Politi Auto Parts was located. Her car finally stopped when it struck other parked cars in the lot.

"The evidence will show beyond any doubt that on May 5, the defendant was operating her car, a Toyota Camry, while alcohol coursed through her blood," McNamara said.

SEE ALSO: Prior DWI admissible at trial on East Hanover man’s death 

Bilinkas, in his opening, did not explain Brown's alleged intoxication and briefly said she was "distracted" when she left the marked lane of Ridgedale Avenue and hit Politi.

Bilinkas returned multiple times to the role that East Hanover Police Sgt. Jack Ambrose played in the investigation.  Bilinkas said that Ambrose is a close friend of the family yet still took a leading role, preparing probable cause affidavits for Brown's arrest and for search warrants.

Bilinkas said that Ambrose is the only police officer who responded to the scene who said he smelled alcohol emanating from Brown and that her eyes were bloodshot. He said that an emergency medical technician specifically said she didn't notice signs of intoxication in Brown. He also said that a witness claimed Brown almost hit another car right before the Politi collision but surveillance camera video from the street shows that account is not true.

"My client is innocent. My client is innocent of these criminal charges.  She was involved in a tragic accident, nothing more, nothing less," Bilinkas said.

The trial is scheduled to continue Thursday in Morristown. Aggravated manslaughter carries a punishment upon conviction of between 10 and 30 years in prison.

Staff Writer Peggy Wright: 973-267-1142; pwright@GannettNJ.com.