Survivors recall tragic day

Published 12:00 am Thursday, April 12, 2007

Photo by Miranda Pederson/Daily NewsMickey L. Mosher wipes tears from her eyes Wednesday during Bill Leachman's testimony at Mosher's murder trial in Logan Circuit Court.

RUSSELLVILLE – It was an emotional Wednesday in the trial of an Indiana woman accused of being under the influence of marijuana when she drove into a group of motorcyclists, killing two prominent Bowling Green businessmen.

Mickey Mosher, 55, of Warsaw, Ind., watched in Logan Circuit Court as two of the motorcyclists, Bill Leachman and Lloyd Ferguson, testified about the day their friends – automobile and motorcycle dealer Cornelius Martin, 57, and Brooks Mitchell, 51, president of Hancock Bank and Trust – were killed.

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Leachman, who lost a leg as a result of the crash, struggled to hold back tears as he testified; many members of the Martin and Mitchell families, who have attended all three days of the trial, cried as well. Even Mosher covered her face to hide tears as Ferguson recalled the event, and as Leachman came to the jury stand in a wheelchair.

Ferguson said he only saw the first motorcycle being struck, as he was traveling second in the staggered formation.

&#8220The other car peeked out like it was trying to pass and hit Bill; just stopped him cold,” Ferguson said. &#8220Bill didn’t have any time to react and the truck driver didn’t have any time to react.”

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After seeing the accident in front of him, Ferguson was able to call 911; an audio transcript of the call was played for jurors.

&#8220I only saw the one accident. I was able to stop and turn my bike around,” Ferguson said. &#8220Everything was just mangled and twisted.”

After the accident, an uninjured Ferguson checked on Mitchell and Martin.

&#8220It just looked like the life had been knocked out of them,” he said.

Prior to the accident, all the riders were staggered to be as safe as possible, with 20 to 30 feet between them to provide time to react, Ferguson said.

Leachman said he didn’t remember much about the crash, but that afterward he was lying in the weeds beside the road and waving his arms above his head to get attention. He also vaguely recalled hearing Ferguson make the 911 call to report the accident.

Other than that, he said, he didn’t remember much before arriving at Vanderbilt University Medical Center in Nashville, and only remembers his stay there beginning on the third day. He tried to talk to his wife, Lisa, but couldn’t because he had a breathing tube, he said.

During the accident, Leachman suffered a crushed left leg – which resulted in amputation – a broken hip in seven or eight places and requiring 11 screws, and a concussion. He is now trying to learn how to use a prosthesis.

Jurors were also taken Wednesday to the accident site, and the motorcycles ridden by Leachman, Martin and Mitchell were brought to the courthouse.

Mosher is charged with two counts of murder, two counts of second-degree manslaughter, one count of first-degree assault, four counts of first-degree wanton endangerment, operating a motor vehicle under the influence of alcohol or drugs, possession of marijuana and possession of drug paraphernalia.

The accident occurred June 3 on U.S. 79, a few miles south of Russellville, when Mosher crossed the center line in a Ford F-150, striking the motorcycles before veering back into her own lane of traffic.

Also during Wednesday’s proceedings, Peter Wedlund, an expert from the University of Kentucky in Lexington, testified that Mosher had smoked marijuana about an hour before the crash. He came to that conclusion based on levels of THC – a chemical in marijuana – and of a THC-alleviating chemical the body produces, found in Mosher’s blood.

Stuart Wheeler, the Russellville attorney representing Mosher, asked Wedlund if his test took into account someone who smoked marijuana extensively.

&#8220The study I used to form calculations considered both people who had never smoked marijuana before and those who had ingested marijuana frequently,” Wedlund said.

This is Wedlund’s first time estimating a time-of-use for marijuana based on a blood sample, he said.

Another expert from UK, Thomas Kelly, said that with the amount of marijuana Mosher had in her system, she would have been impaired at the time of the accident.

&#8220Being impaired would reduce reaction time and increase the number of mistakes made,” Kelly said.

Marijuana would also impact a person’s ability to do multiple things at once, the ability to track objects and dexterity, he said.

As the prosecution ended its case, Wheeler asked Judge Tyler Gill for a summary judgment on the two counts of murder. Such a judgment could eliminate those top charges, if Gill determines the prosecution’s case against Mosher meets the legal criteria necessary for a murder charge.

Kristy Vick Stratton, Logan County assistant commonwealth’s attorney, objected to the motion because Mosher had acted with an &#8220extreme indifference to human life” by driving while under the influence of marijuana, she said, and met all other criteria for the charge.

Judge Tyler Gill did not make a ruling on the motion Wednesday.

Because of other matters to be heard by the court, the trial resumes at 9 a.m. Friday.