SalemNews.com, Salem, MA

Local News

August 22, 2013

Driver guilty in OUI crash

Salem man faces up to five years in prison

(Continued)

Snow “is not the most polite, endearing person,” Martin acknowledged. But he “felt like he was being railroaded,” said the attorney.

Snow testified that he’d had just two beers, hours earlier, with a hearty lunch of lobster rolls and clam chowder.

But prosecutor Kel Forlizzi suggested that had Snow simply had two beers, it would be unlikely that he would still reek of alcohol four hours later, as witnesses testified. Forlizzi pointed out to jurors that Snow not only ate lunch but then smoked several cigarettes and drank at least part of an iced coffee.

“Use your common sense,” Forlizzi asked the jury.

She reminded jurors of the testimony of three eyewitnesses to the accident and its aftermath, as well as that of Broufas, and the state trooper, Carolyn Fountain, who described Snow as “glassy eyed” and unable to recite the alphabet or take nine steps in a straight line without nearly falling halfway through the sobriety test.

And though Snow testified this week that he had broken teeth and a head injury from striking the steering wheel, Forlizzi said he made no mention of that when asked by the trooper if he was hurt.

“He was mumbling,” Forlizzi told jurors.

Later, at the police station, he was argumentative. While his lawyer suggested that Snow was simply angry about being “needled” by others in custody at the state police barracks, Forlizzi suggested it was further evidence of his level of intoxication.

Fountain testified that Snow said “I’m (expletive),” at least 15 times during booking, then banged on his cell and sang “Swing Low, Sweet Chariot.”

Jurors were not told of Snow’s history of prior drunken-driving convictions, because Massachusetts courts have held that such information would be prejudicial against a defendant.

They were also not told that when offered a Breathalyzer test, Snow again stated, “I’m (expletive).”

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