(Rochester, N.Y.) -- Both sides are presenting closing arguments Friday in the bench trial of the Greece police officer accused in a hit-and-run accident.
On Thursday, the defense called its own witnesses and then rested.
The defense suggested for the first time that someone could have slipped cocaine into Officer Nick Joseph’s drink without his knowledge as "just one possible explanation" for how someone could unknowingly be under the influence.
Defense Attorney Larry Andolina also continued to dispute scientific testimony that traces of cocaine were found in blood samples found in Joseph’s car.
A toxicologist that testified for the prosecution had concluded that the cocaine had been metabolized into Joseph's blood and was likely ingested within an hour of the time he struck Alexis Sharp's car.
"What we do know from the testimony is that there was background cocaine in this vehicle… And we do know that on the blood drops that came from his body, there was no cocaine," Andolina said. "All of those findings are very inconsistent."
The defense called their own accident reconstruction witness who testified Joseph’s response behind the wheel as he suddenly came up on the stalled car were consistent with the reaction of someone who was not impaired by alcohol or drugs.
Greece Police Sergeant Thomas Schamerhorn testified that after being called to the accident scene on the night of the crash he determined the accident "wasn’t a serious one," which is why he did not order the cars to be impounded and did not take photos or measurements at the accident scene.
However, under cross examination, Schamerhorn testified he knew the injured Alexis Sharp was pregnant because he found prenatal vitamins in her purse. He also knew two people were taken to the hospital and that a third person--later identified as Nick Joseph--hit his head on the windshield hard enough to shatter the glass and leave blood.
"It tells me that the Greece police did not follow the proper procedure in this particular case," said Assistant District Attorney Sandra Doorley. "After presenting him with pictures of these cars, the fact that several ambulance rigs were there. They took these occupants, Alexis and Taran, away with lights and sirens to the hospital. His conclusion was that it was not a serious accident. I don’t understand it."
Joseph is facing charges related to an accident on I-390 in June 2008 after crashing into Alexis Sharp’s stalled car, causing her to go into premature labor and deliver her baby 14 weeks early.
