Fri, Nov 27 2009
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Prosecution presents its case Mills tape entered into evidence By BRAD DICKERSONGlasgow Daily Times “In response to your question if he (Mills) felt like he was under the influence of alcohol the night of the wreck, he stated that, ‘no, he was not,’ correct?” Vanni asked Dubre.
“Yes,” Dubre responded. Vanni also wanted to clarify with Dubre statements the trooper made to the grand jury regarding the time Mills allegedly drank the six beers on Sept. 2. “Do you recollect telling the grand jury that Mr. Mills admitted to drinking six or seven beers that night?” Vanni asked. “No, he admitted to drinking six or seven beers,” Dubre answered. “I couldn’t clarify whether it was that night or that day.” Vanni then presented Dubre a copy of the Nov. 22 grand jury transcript of the Commonwealth vs. David Mills and asked him to read his testimony, which said “he (Mills) also admitted to drinking six or seven beers that night.” Others who testified on Thursday for the commonwealth included Anna Scott, who told jurors she went to the accident with two others after it happened and went to see if Mills was OK before later noticing he “just disappeared” from the scene. On Vanni’s cross, Scott said she had met the defendant in Fort Wayne, Ind., about three weeks earlier and did not see him again until the early morning hours of the accident, as well as testifying that she did not believe she could smell any alcohol on him. Jason Walden, an EMS technician on the scene on Sept. 3, said he spent roughly 59 minutes trying to resuscitate Huff and tried to locate Mills but was unsuccessful. KSP Trooper Toby Young, who did a reconstruction of the crash in question, testified that he believes the accident was ultimately caused by the failure of Mills’ vehicle to yield to the right-of-way of the other car, or that the Taurus was on the wrong side, and there was alcohol involvement. “I felt like he (Huff) knew that he was trying to get out of the way and he couldn’t get out of the way,” Young said, adding that Huff’s car was all the way on its side of the road. Kelsay testified that he was with Huff that early morning helping to deliver newspapers and that the victim was not speeding and remained on his side of the road. Young also told Vanni that in the majority of the 23 fatality accidents he has investigated, he had an opportunity to examine the cars involved. In this case, however, Young said he did not have an opportunity to look at the vehicles, but did use photographs Dubre had taken at the scene. Before the end of the day, the defense put its first witness, Gary Piercy, on the stand. 
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