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November 18, 2010

Toxicologist: Leyritz’s blood alcohol under legal limit

Posted: 10:20 AM ET

 

Ft. Lauderdale, FLEvidence in the DUI manslaughter case against James Leyritz closed Wednesday without testimony from the ex-Yankee who claims he was sober at the time he was involved in a fatal crash that killed 30-year-old Fredia Veitch.

The defense rested after the testimony of Forensic Toxicologist Dr. Stefan Rose, who revealed on cross-examination that Leyritz told him he had consumed a total of seven drinks in the hours before a collision that killed a mother of two.

Rose testified that despite the volume of alcohol consumed, Leyritz was still under the legal limit at the time of the crash, when he considered certain factors like Leyritz’s weight, the food he ate and the absorption rate for each drink. Under Rose’s formulas, he calculated Leyritz’s BAC to be anywhere from .06 to .07 at the time of the crash.

“What matters is the absorption interval. Those drinks were in Mr. Leyritz’s stomach and not in his blood stream,” said Dr. Stefan Rose. “The alcohol had not gone into his blood stream until after the crash, so it’s not affecting him; not raising his BAC, there’s no contributory effect on his brain or body.”

On cross-examination, Stefanie Newman suggested the expert’s calculations were contrived to get a favorable result for the defendant, furthermore they were inconsistent with the expert’s opinion that Leyritz suffered a brain injury that slowed his gastric emptying, so his BAC would not be rising after the crash as Rose’s mathematical model charts apparently reveal.

Newman also suggested that the expert was relying on the defendant’s self reporting and that he may have minimized the number of drinks he actually consumed as he did when he told the arresting officer that he had a “few drinks.”

On redirect, Rose described creating as many as 20 different scenarios before coming up with two scenarios that would make Leyritz’s .14 reading at 6:10 a.m. fit within a mathematical model. Rose insisted that his calculations were based on the same variables the State used, and that part of his work was geared toward shedding light on how skewed BAC levels can be, based on a number of factors making the kind of retrograde extrapolation of Leyritz’s BAC level at the time of the crash unreliable.

The State called Marla Carroll as its rebuttal witness to challenge the defense’s position that the accident happened sometime between 3:07 and 3:08 a.m.

The defense relied on a police surveillance video to estimate the time of the crash. One of the measures the defense’s expert relied on was the video’s recording speed of nine frames per second.

Carroll testified that the original recording was overwritten, and the copy downloaded from the computer was compromised because it had been converted into a different format changing the video’s quality and properties.  She said that the copy—an AVI file bore no time stamp and any time assigned to the video was fabricated, making the video unreliable.

The defense countered that the police officer who downloaded the video, extracted a segment that reflected the time period in which the collision occurred and believed that the victim’s car had been detected. The defense also suggested that other evidence corroborated the accuracy of the video.

-Grace Wong, In Session Senior Field Producer

Filed under: Trials


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Bob Hiller   November 18th, 2010 8:14 am ET

Just another celebrity with high priced lawyer and paid experts, it a shame that our society allows this in our court rooms, any common person would have been convicted in ten minutes. Shame on our legal system and shame on this judge for allowing this circus to go on!


Michael   November 18th, 2010 8:15 am ET

If I was a juror on this case I would want to see by comparison how a completely sober person performs the field sobriety test. I watched the video and was appalled how the officer bombarded the defendant with instructions – the physical tests....I just don't think a completely sober person would be able to perform the tests without making errors. There are too many instructions given at one time and too many phsycial manuevers that simply don't come naturally. I don't even drink alcohol and I am certain I would not be able to pass the test error free.


ckesling   November 18th, 2010 8:16 am ET

way to go defense!!! hopefully this will be over by friday. i think alot can be learned by this trial. and after this is said and done the jury will find out about ALL THE EVIDENCE that was kept out by the prosecution !!! this is america, and every individual is entitled to a "FAIR" trial.... this WAS not a "FAIR" trial at all !!!!!!


Bob Hiller   November 18th, 2010 8:16 am ET

Come on people, he hit a car and killed a person. He sits there and shakes his head like he's the victim.


sandra   November 18th, 2010 8:16 am ET

To Ryan or Vinnie: Can Mr. Leyritz revoke the paments of $1000.00 a month for 800 months if and when he is found" NOT GUILTY" ????


Wendy   November 18th, 2010 8:20 am ET

The first officer on the scene testified that Mr. Leyritz showed no signs of drinking, but did detect alcohol on his breath. When they received the news, the Mrs. Vetch’s passing they sent another officer to investigate. He testified that Mr. Leyritz eyes were Red, and he did not do well on the eye test. Have they taken in consideration that (1) Mr. Leyritz was at this time tired, he had not had any sleep? (2) He was surrounded by flashing lights, which may have contributed to the results of the eye test. (The officer testified that a strobe light effect could cause the eyes to jump). (3) He was also a victim here, he held up under tremendous circumstances. I would question my ability to still stand there as he did, and I do not drink!

Wendy,
Alabama


melisa clause   November 18th, 2010 8:22 am ET

I am horrified! This is such an injustice! I guess if your a good drunk and know how to hold your liquor you can drive drunk and kill people! Then every person in America who has gotten DUI's because the police think you are drunk should have all their cases thrown out if they did not show that they were not impaired. I guess if you have money you can get out of anything. My thoughts and prayers are with Fredia's family. I am sorry our justice system failed you!


John McTigue.   November 18th, 2010 8:25 am ET

I predict that Judge Gold will aquit Leyritz of one manslaughter count due to conflicting theories presented by the prosecution, I also believe that the Jury will aquit Leyritz of the remaining count.By his own admission, Leyritz had at least seven drinks between midnight and 3:00am, and consequently he shares a measure of resposibility for this senseless and tragic occurrence. However, for many reasons not the least of which includes the negligence and/or malfeasance of the lead investigator together with the absurd testimony of Officer Buttery and the Medical Examiner, there is a ton of reasonable doubt.However,sadly and perhaps for the rest of his life, Mr.Leyritz will have to live with the emotional and financial consequences of drinking and driving. .


kbradshaw   November 18th, 2010 8:26 am ET

Why did state decide to prosecute leyritz..? what evidence prompted them to charge him and not Ms. Veitch? Very tragic accident ...


Holly   November 18th, 2010 8:27 am ET

How can Judge Gold acquit the first charge ...not imperative at the time of accident for manslaughter...then turn around and let the bac instruction stay in. It makes no sense. Jim's lawyer needs a recommendation for his superb job defending his defendant. Superb job !! He proved Jim's case and I am just hoping of a "common sense" jury to make the right decision. The state certainly lost this case proving Jim was in the wrong for this accident.


judy in Florida   November 18th, 2010 8:28 am ET

I just want to say this is one of the most , if not the most interesting trial I have ever watched. My opinion is that I do not believe Leyritz should be convicted of DUI manslaughter. There is just too much doubt and too many conflicting statements for the jury to be certain, and even though it hasnt been of much relevance in this trial I believe that there was certain amount of negligence on the part of the victim that contributed to her death. I also would like to say that I absolutely love Judge Gold. He is the absolute definition of what a judge should be. He deserves a purple heart for dealing with this trial in the manner that he has and having the patience to resolve the issues that have arisen without completely losing control. He has a perfect blend of professionalism combined with a sense of humor and very clearly, great respect and concern for the jury and all persons involved in this trial.


nse   November 18th, 2010 8:29 am ET

Seriously, this is the front seat of justice?
Why is it that his history of drinking over the legal limit is never brought up? On several ocassions he could not start his car because the breathalizer in his car didnt allow him too. And he had other people blow his breathelizer to start his car. (these things all happened after the accident!)
Does this not strike you as a person who drinks on a consistent basis and who shows no remorse to his actions?
And yet, they allow his girlfriend to testify that he hasnt consumed any alcohol since the accident?

Im sorry, but "this" does not sound like justice to me!
I guess


Shelby Jorgensen   November 18th, 2010 8:29 am ET

Listening to the botched prosecution of this case, it appears the government is "out to get" Leyritz. I feel he is TOTALLY innocent and this prosecution was a waste of money. His reputation has been needlessly tainted. He was in the wrong place at the wrong time. My sympathy is with him rather than the so-called "victim." If she was such a home-loving mother and wife, what was she doing out drinking - drunk - after work??


Connie   November 18th, 2010 8:30 am ET

What drives me crazy about DUI trials is that people do not seem to grasp the gravity of this offense until someone dies. I agree that the license should be suspended for longer if they refuse to take a state administered test because once they have one DUI where the took a test and got a deal of a plea agreement, they are wise to the system and refuse on their second and subsequent. These charges are either reduced and/or found not guilty because they don't exhibit many signs of impairment. These offenders have driven multiple times without being caught and have developed tolerances to these movements. Then only when they have killed someone does anyone seem to want to draft warrants or compel blood draws and argue extrapolation. I have good driving habits because I appreciate to drive and most of these offenders have taken advantage of that privilege by rely on the over zealous defense attorney to argue what I perceive as ridiculous reasons for alcohol being in their system. What happened to common sense telling you that alcohol is in their system is because they DRANK it?


Jo Ann   November 18th, 2010 8:35 am ET

My thoughts and prayers to the Veitch family also BUT seriously, she was driving without her lights on, SHE was intoxicated and possible using her cell phone. I don't think this is a celebrity getting a free ride trial at all!


Peggy-In Georgia   November 18th, 2010 8:36 am ET

Why according to personal friends and family has this fine outstanding christian NON DRINKING man suddenly go out on his birthday, consume eleven (11) drinks, kill a young mother and not charged with a dui, unbelievable. With an income of over 10 million dollars earned felt $350 thousand was enough to pay for a young mothers wtih childrens life. This mega rich SPORTS HERO is getting away with murder just as it seems all these mega rich sports heros seem to do. Shame on him but mostly shame on us.


ttjet45   November 18th, 2010 8:44 am ET

As I spend much time in the court room testifying (in state of FL) a few issues to note: FL gives right of a person to deny taking test (but DL is taken): As like times one requests their "LEGAL" right to an attorney refusing the test appears to consider Mr Leyritz guilty. FL is also known for history of considering a yellow light the same as green (often joked about): which probably ?'s why both may have gone through "yellow light". Finally this state is one of the most "open records" state I have resided in. I do not understand why Ms Veitch's LE history (speeding, driving w/lights off, etc) is off limits.

Bottom line LE and SA messed this investigation up by no follow-up. There is NO evidence of Mr Leyritz being under the influence in the video (which calls into question the BAT's). It was nice he stepped up and provided financially for Ms Veitch's children (giving Mr Veitch the opportunity to sit in court everyday rather then work to support his children). This accident is 70/30 as to blame with Ms Veitch more at fault. Mr Leyritz is being treated a bit different then OJ Simpson (he kills 2 people, we all know he did) and he is found innocent....Mr Leyritz is involved in a car "ACCIDENT" with a person having a higher BAT, texting while driving and If Mr Leyritz died I don't believe the Veitch family would be providing monitarily for Mr Leyritz children.


LB   November 18th, 2010 8:45 am ET

He is a "victim". I agree with Wendy, and there could have easily been other victims it a "driver" is drinking, texting, speeding, running red lights. The state is only trying to prove a lie.


Debbie in Oregon   November 18th, 2010 1:52 pm ET

Watching today when the prosecution was talking about how he could not follow directions from the officer giving him the tests. Does anyone take in consideration he might of been destracted about the things that were going on around him. Like pulling the women from the car, did he know how she was? He had alot going on at the time , could you followdirections?


Michelle   November 18th, 2010 2:22 pm ET

As someone who has suffered a severe whiplash injury, I am offended by the prosecutors inference that Mr. Leyritz was faking injury because he didn't have symptoms in the hours immediately following the accident. I thought I was okay too, bu the very next morning (after a 4:00pm accident) I could barely walk and had severe muscle spasm in my neck and back. This medical symptomology(?) is common knowledge among those people familiar with traffic accident injuries.


Jay   November 18th, 2010 2:46 pm ET

The reasonable doubt for me is who actually went through the red light. Even if Leyritz's light JUST turned red, Vietch's light would NOT have immediately turned green. Therefore, she went through a red light. If she did, she contributed to the accident.
As far as Leyritz's BAC-if he just came from a bar, it IS possible his BAC was on an upswing and not going down 3 hours after the accident because he would not have metabolized the drinks yet at the time of the accident. So the defense testimony that he was a .07 or .08 could be right.
The fact that he refused a breathalyzer doesn't phase me. The fact that he couldn't "follow directions" when taking the field sobriety tests doesn't either. He was just in an accident for crying out loud, and obviously shaken up. Perhaps even in a little shock.
I could not convict him based on what the prosecution presented. Reasonable doubt.


Freddy   November 18th, 2010 2:59 pm ET

This guy makes me sick he smirks and makes faces like he did nothing wrong. I feel so bad for the family that lost their loved one. I can't imagine how I would fee,l out of all the witnesses and evidence it's a no brainier this guy should be in jail. We as a society can't let people like Leyritz get away with murder. This is so ridiculous, beyond so many levels. Where is the common sense here.


Trish   November 18th, 2010 3:34 pm ET

The prosecutor claimed [outside the presence of the jury] that Leyritz having red &/or watery eyes and a faint smell of alcohol according to the officer ont he scene demonstrates impairment. Really? I've seen Leyritz cry in court, d'ya think he might have been crying after being in a horrific accident?

I also find it disturbing that Florida law enforcemnt uses blood tubes with only 1/5th of the preservative that the expert said is necessary to get an accurate blood alcohol reading.


Debbie/Texas   November 18th, 2010 3:37 pm ET

I believe in being fair here, lets bring out all the facts Fredia was
drinking, speeding, texting, no seat belts, and possible no lights
on the vehicle I feel that she was more to blame for her death
in this tragic accident. Then you hear how she was on the phone
going home, and yet a boyfriend was there at the accident .. I hope
Jim is given a fair chance, then found not quilty.


alex sakhel   November 18th, 2010 3:44 pm ET

looking and watching the trail from day one,i think that the defense has proven his case b reasonable doubt,this all the jury has to look at and come back with a verdict of not guilty. the prosecutor sore of streched her ability to prove her case.


Dumb founded   November 18th, 2010 3:51 pm ET

Why did Jim even hire a lawyer? hell the prosecution did a great job for the defense,theres noway he will be found guilty!!!!!!!


Gina   November 18th, 2010 4:20 pm ET

I dont belive he is GUILTY!!!


Jean   November 18th, 2010 4:39 pm ET

DWI Misdemeanor Guilty. He was over the limit. We do not know who ran the red light. I lean towards her running the light. He has a good lawyer and there is reasonable doubt who caused the accident. They both were drinking and driving and she got the death sentence. I feel he should get the maximum sentence on his misdemeanor conviction. With all his money he could have taken a cab home or someone should have driven his car home.


Dan G   November 18th, 2010 5:32 pm ET

Did the defendant have a drink after the crash? Another cable news source is saying that Jim Leyritz had a shot of vodka after the wreck to calm his nerves. I certainly have not watched every minute of this trial, but I did hear that claim anywhere else. If it is true, it kind of makes it look like Leyritz was making it impossible to accurately calculate his alcohol blood level at the time of the crash.


XLE   November 18th, 2010 6:03 pm ET

As a retired LEO, I'm just glad Ms. Newman wasn't working in our DA's office. The accident seems to be the fault of both parties. There is NO excuse for driving while impaired. The biggest concern I have is the absolute failure of the prosecutor to make a case beyond a REASONABLE doubt. As a former DRE, it's hard for me to believe that a competent DUI investigator can't tell BAC within a few points by HGN (good ones can tell by angle of onset and are usually dead on; we used to bet coffee on it). I'm far from a Yankee fan, but Layritz's attorney has done an outstanding job and he should be acquitted. Our legal system entitles everyone to the best defense; looks like Layritz got it.


Joyce Huffman   November 18th, 2010 6:59 pm ET

I have watched many trials and today was a first to see an acquittal motion allowed on Charge1 DUI. I realize this high paid attorney was only doing his job but Mr. Leyritz has had prier incidents due to alcohol. How he has been permitted to continue driving and given custody of his children is a complete mystery to me. Watching this arrogant defendant text, smirk and constantly shake his head was an insult to the victims family and the justice system.


penny in indiana   November 18th, 2010 8:29 pm ET

I have been watching trail for two weeks. i think it is unfair the juror can not know about the victim's condtion at the time of the accdent. this makes the juror feel sorry for the victim family. which feel for her children not her husband. he is entitled to no money. mr leyritz did not have settle the civil case. he did this because he felt remorse. why put him through more. i feel it was the victim's fault the accident happen. she run a red light.


Laura   November 18th, 2010 9:09 pm ET

The way I see it from all the evidenceis,that Mrs.Veitch was in the wrong,even though they both were drinking.
I find it odd that they already settled the civil suit.I think it is because they knew if it went to trial all of the evidence would of come in,such as her texting ,or on the phone,and the drinking and all of her previous driving records.
I am in awe of Mr.Leyritz for wanting to make sure that her 2 children have something when they are older,but I dont think it will be there for them.I see dollar signs for some people.
I do wish both sides to be able to finally get on with life and for all of the children to try and have a normal life,if we can call it normal.


Judy Martin   November 18th, 2010 9:58 pm ET

This has been the ULTIMATE of unfair justice. The jury will be so angry when they find out what has been withheld from them!!! For all of you that sympathize with Fredia Vietch, take this into account:

Her blood alcohol was .18 – proven by the way.
She was texting and talking on her cell phone
She was speeding- 38-51 mph.
She had divorce papers in her car
She had multiple speeding tickets, running stop signs
She caused an accident weeks or months just prior to this one.
She was driving without her headlights on
She got off work hours before accident, but went for drinks, instead of going home to her child.
SHE WAS THE ONE WHO RAN THE RED LIGHT

For those of you who have not been watching the WHOLE trial, do not judge Jim Leyritz. For if you had been watching, you would see just how innocent theis man is, not because he's a sports figure, but with an attorney who knew how to prove he was innocent.


Rhonda   November 18th, 2010 10:18 pm ET

This so called trial should've never came this far. Trials are suppossed to be about facts and their facts don't add up!! The state of FL. should be ashamed to have brought this to court. Defame a persons' character and not bother to think about the cost and loss of Lady Justice. Travesty of justice to say the least. I, wonder how can this prosecutor make statements that she knows are baseless at best and complete lies at her worst. I, feel empathy for Ms.Veitch and the "two" children she left behind. Having said that we all most pay for our mistakes and unfortunately she paid the ultimate price. Her daughter will not have her mom there on all of her special days as well as her son. Mr.Leyritz has paid as well obviously not with his life, but for the rest of his life he'll know that he was involved in an accident where a woman lost her life. Again an accident not anything more but a "TRAGIC" accident. There is reasonable doubt all across the board on this case so anything more then Not-Guilty would truely be the black eye that Lady Justice was and should never give.


Mike   November 18th, 2010 10:23 pm ET

Mr Leyritz should be acquitted of the manslaughter charge but probably not the DUI. I believe it was unfair to the defendent from the beginning not to allow her blood alcohol test to be presented as evidence (even though the less-than-competent prosecuter brought it out). Also, her not wearing her seatbelt should have been allowed as evidence as she probably would have survived the crash if it had been on. I hope people learn from this trial – Don't drink and drive. It simply is not worth it. Even if he is totally found not guilty – I feel Mr Leyritz will be haunted by this tragic accident for the rest of his life.


Dottie in Nahant   November 18th, 2010 10:29 pm ET

I've been watching Court TV for 8 years and this case, Leyritz, is by far the most emotionally charged, fascinating case I have ever seen. The characters are interesting...female prosecutor who is stuck with this case; what could she do? it's a lousy case and should have been handled in the hallways of the court house. This judge is fair, spontaneous, commanding, talkative, and brilliant. Great case to watch but I feel so badly for defendant. This guy is going through hell because he had a bad accident. Let's hope he is found not guilty. Today's court action included one charge being dropped. Half way there.


lawyer pc   November 18th, 2010 10:45 pm ET

yes , it is true, jim leyritz hit a car and someone died in the accident,
yes it is true that the car he hit did not belong in the intersection, it had a red light before it !!

she broke the law going through a red light !!
she broke the law not wearing her seat belt !!
thankfully, noone else died due to her negliegence
case closed, court session over !!


Stephanie Thomas   November 19th, 2010 12:13 am ET

In my opinion, It is Vietch who contributed to her own death............Based on the fact she was not wearing her seatbelt. Caution, if you are involved in a rollover, you may kill yourself if you are not wearing a seatbelt and are ejected out of your own vehicle. I still believe she was preoccupied and ran a red light. Prosecutions closing was awful. This has been a fascinating case and feel for all parties involved.


John B.   November 19th, 2010 1:29 am ET

He was drunk...he killed a woman...convict the man for murder...or we should be able to do the same whenever we decide to do so...that's measage Judge Gold and the leagal system is saying.


Gary   November 19th, 2010 3:36 am ET

If he gets away with this Murder on Earth. He will pay for it when he dies. I think people forget the 10 commandments. The major one for this case is "Thy Shall NOT Kill". He won't be able to shake his head at his maker then, he will be sent to Hell !! Shake your head on that thought.


Debbie   November 19th, 2010 6:20 am ET

This is one reason I refuse to go to jury duty, and I do not believe in our justice system at all. There is soooo much evidence that is not coming into play, i.e. her texting (against the law while driving) her not wearing a seat belt (against the law in most states) apparantly not having her head lights on, (repeat) and she was also drinking and driving, as well as her prior driving records being cited for "running of red lights". This trial makes a mockery of our Judicial system. And just Publicly shows how corrupt and un just our legal system is.

Normally I would bash anyone who is drinking and driving I constantly lecture and preach to people about the dangers of it. I personally will not have a drink and get behind the wheel. But in this case I do believe she was at fault and he should in no way be held for manslaughter. But of course evidence is covered up.


Linda Bombolino   November 19th, 2010 9:33 am ET

Verdict? Not Guilty!


mark   November 19th, 2010 10:00 am ET

sadly its more her fault–she did run a red light and texting/looking at her phone;;;;NOT GUILTY–guilty on dui


Midge   November 19th, 2010 10:06 am ET

This was a accident....Helloooo?
While I feel for the her and her family...how much more can he do for them? Sending him to jail won't help any one. This is insulting, talk about a mockery! It makes me sick to think the tax payers paid for this!This is a travesty to him, they have succeded in one thing how will he ever recoup from this, even if he is not guilty.


Bob Hiller   November 19th, 2010 10:26 am ET

To bad this isn't in Michigan, refuse a breathalyzer test here and you loose your license and plead guilty automatically.


Cindy   November 19th, 2010 10:27 am ET

I feel horrible for all the people involved in this case. Nine years ago, my son was in an accident that caused him to be paralyzed from the waist down. It was not caused by a drunk driver but was caused by someone making bad decisions. A bad decision was made the night this young woman was killed. I believe Leyritz is guilty. There is no excuse for anyone to get behind the wheel of a car even after they have had one drink. It is irresponsible and uncalled for.


Jay   November 19th, 2010 10:31 am ET

@Gary,

I am shaking my head only because you are so ill informed. First of all the 6th commandment is "Thou Shalt Not Kill". Second, not you nor anyone on this earth can say who will be sent to hell. Jim Leyritz did not set out to kill anyone on that night. It was a terrible circumstance of events that led to FV's untimely death.

I won't say that you didn't watch the trial but if you had, I don't see how you can come to the conclusion that Mr. Leyritz is guilty. If FV had been wearing her seat belt it is likely she would have been alive today. Had she not been speeding and ran a red light she would be alive today.

Having given many Field Sobriety Tests in my career, I can say unequivocally that was without a doubt the worst I have ever seen. Judge Gold said it best that if perfection is required to pass a FST then likely everyone in the courtroom yesterday would have been impaired. That bogus cop was preconceived to arrest him for DUI. Jim Leyritz could have stood on his head and recited the preamble to the constitution and that dumb cop would have arrested him anyway.

This is an extreme example of overcharging by the prosecution. As evidenced by the first charge being thrown out. The light was red for FV as evidenced by the woman who was pushing the button on the pole to get the light to change. Why would she have done that if she had a green light. In my opinion, Fredia Veitch committed suicide by not wearing her seat belt, drinking while intoxicated, talking on a cell phone, oh and just that minor little detail of the .018 level of intoxication at the time of her death.

Suicide is a sin too Gary, does that mean she goes to hell as well?


Ron   November 19th, 2010 10:34 am ET

Although this is a tragic case. With the evidence given by both sides, I don't see how a jury could send a man to prison. Even if they wanted to.There is no way to know who was really at fault


Name*Derek olsen   November 19th, 2010 10:37 am ET

I think due to his unlimited funds and very good (expensive) lawyer , leyritz will get off will mandatory time to b served at his house with a house arrest bracelet , and sum fines along wit community service and a few years on paper.. If it was me I'd get fifteen but it's not and he is a star in a country which idealizes sports heroes... Sucks but it's true .. He should have to
go to prison for atleast five years like a nonviolent drug offender would...


Angel Oney   November 19th, 2010 10:39 am ET

You no what, until I started watching this case I had never even heard of this because I am not even into baseball. But I say there is No way this guy is guilty. It was proven she was texting at about the time of the accident, she was drunk herself and I watched the video he was deffinitly not a .14 achohol level. I have seen enough drunks in my 33 yrs to know when someone is that drunk. He shouldnt have even been able to stand beside the officer without tumbling. It is all a big ploy because he was/is a big name. The family got the money they wanted, but now he has to live with the fact everyday that he was involved in an accident where someone was died. No he is not setting there like he is the victom, this guy hurts and it tells. Everyone who wants to point fingers needs to rewatch and put your self in his shoes-HOW WOULD YOU FEEL? So how are you going to blame something on a guy when it was proven the other person was drunk? It is all a blame game.


Jocelyn   November 19th, 2010 11:08 am ET

Acquittal!!! This is an injustice and a disgrace. It is called REASONABLE DOUBT. What did the prosecution prove? The blood test proved nothing but a BAC of possibly .14 well over 3 hours AFTER the accident. The police hid a video, used the wrong blood kit, even put the wrong time of the accident on the accident report. What is going on here?? This is a red-light/green light case and they DID NOT prove that he ran a red light. Keep in mind that the one witness was pushing the button so she could cross in the crosswalk. Why would she push the button if the light was red?? He had every right to be in the intersection on a yellow. Yellow-proceed with caution. The "victim" was driving under the influence, without a seatbelt, on her cell phone, over the speed limit and went through the intersection on a red signal. Again...acquittal.


lawyer pc   November 19th, 2010 11:12 am ET

tooooo much evidence withheld from the jury, i agree with debbie, the court system is a joke. very unfair system, designed for the lawyers to make money, and lets not forget, the lawyers always give the judges a nice cash tip in brown paper bags.
the prosecuter in this case is a real bitch, how can she seek justice by deceiving the jury, i really hope that the jurors were recording this case and watching at home so that they can make the only fair verdict-
NOT GUILTY!!!
PS: SOME PEOPLE JUST DONT LIKE THE YANKEES, SO THEY ARE AGAINST MR LEYRITZ. LETS SEE, WHAT TEAM PLAYS IN MICHIGAN,
MMMMM HA HA HA HA HA HA HA HA HA HA


Name*Derek olsen   November 19th, 2010 11:27 am ET

He didn't kill anyone !! A person died due to rumnin A redlight and hitting his car .. Everyone hatin cuz dude got money... He should pay If he is proven at fault.. Let the jury then god do the convicting and quit tryinto persecute a innocent until proven guilty man.. Y should he lose his life if she ran the red light? Verdicts comin up!


Kristen   November 19th, 2010 11:28 am ET

1.) Not Guilty
2.) If I ever get in trouble in Florida, I'm hiring Bogenshutz! Wow!

I'm very sorry for the victim's family. However–texting while driving? Even if she wasn't inebriated and seatbelt-less, THERE IS NO EXCUSE FOR TEXTING WHILE DRIVING.


Freddy   November 19th, 2010 11:37 am ET

If you want to get away with Murder all you have to do is have lots of money hire a good lawyer so he can make a bunch of excuses as to sway actual evidence into doubt. That's the bottom line and Leyritz is a coward the only reason he cry's is because it's all about him. The Lord is lookin down and he will have to answer to him will he cry then, you betcha.


Jon weyant   November 19th, 2010 11:42 am ET

What reason was he behind the wheel as he know he had been drinking. And is iam not mistaking this wasn't his first duii.


nancy   November 19th, 2010 11:57 am ET

It is a terrible and irresponsible situation when anyone makes the decision to drink and drive. Watching this defense lawyer makes me wonder just how many mistakes are made in the process of detecting, determining, testing, prosecute, and convicting drunk driving. It is just as irresponsible of our justice system to make these terrible mistakes. I believe mistakes were made and if they weren't the outcome may have been different. I believe the outcome will be NOT GUILTY, who can even be certain that he was legally drunk at all. I am very sorry to the victims family but I truly believe that Fredia had a responsibility to be wearing her seat belt and should not have been drinking.


lena davis   November 19th, 2010 12:29 pm ET

I'm sorry for all involved but the state did not prove there case.I just do not believe that he did anything wrong,it was an accident....and another thing that bothers me is that I don't feel he was given a fair trail.Fredia was also drinking.she is just as guilty.and also not paying attention texting on her phone .The jury should have been able to hear everything.I agree that no one should be behind the wheel when they are drinking,But Fredia was just as guilty..


Jane Thies   November 19th, 2010 1:14 pm ET

I agree with Bob Hiller. Jim is guilty and deserves jail time.
Look at his absolute non reaction in the video to finding out that the FV in the other car has died. Nothing!! That is not normal. Anyone wouldsay

OMG or ARe you kidding me? and probably would have to have taken
a moment to collect themselves. I have seen more empathy from rubber necking on lesser accidents. The only time this entitled Defendant criesis when it is about him. His non reaction gets me past any reasonable doubt. I would have asked the jury to look at that portion of the video and really pay attention to it.

He clearly was doing his best to keep it together over the effects of alcohol. He should have been nervous, upset, distraught SOMETHING BUT NOT JIM, no he's just fine thank you because he is looped.

The prosecutor is just fine . The judge clearly favors the defense counsel. And DBoganshutz is all about his own ego. If he mentioned law school and Ms. Newman one more time.. inexcusable behavior from one attorney to another. Can't he object without attempting to ridicule a prosecutor for the State of Florida. That's proof of his ego, right there.

How does a 44 year old man with three kids go out to drink and get
behind a wheel? Prison for Jim.


Wally Steucke   November 19th, 2010 1:14 pm ET

Gary- I can shake my head- there is no hell. shake your head on that


Sandy   November 19th, 2010 1:40 pm ET

I do not understand why the woman's BAC was excluded to begin with and only came in whan the prosecution made an error. Her impaired reflex times should be considered. Also, had she been wearing her seat belt the outcome might have been different. I understand the loss her family has suffered but we all need to accept responsibility for our part in our fate. I think he is guilty of DWI but not manslaughter.


Pennie   November 19th, 2010 2:27 pm ET

I have very little confidence in our system anymore! I watched a show a while back about defense attorneys that said they knew that almost all of their clients were guilty but they wanted to keep the prosecution on their toes. You are playing a game with peoples lives! Our system was supposed to be about finding the TRUTH! We know the truth in this case, this man was drinking and driving and killed a someones daughter, wife and mother! He is NOT the victim she and now her family is the victim!!!!!! I think that without a doubt he is guilty, but I do not think he will ever serve time. I guess the defense wants us to believe that no matter how many drinks he had the alcohol didn't have time to get in his system. I just wander if he would have let his wife, daughter or mother get in the car with him that night?


Glory   November 19th, 2010 2:49 pm ET

I can't believe the comments that I am reading, in regards to to people that are celebrities and having money! I agree to a certain extend, but for those of you that are hanging this guy because he is well known, the fact that he pleayed for the NY Yakees, and the fact that he can afford an expensive lawyer, still does not change the fact that Freida WAS DRUNK at the time of the accident, still does not change the fact that she has a bad driving record. Why don't we talk about this guys character, like...he stop palying ball to be a full time dad to his kids, how almost immediately he settle out of his insurance money, which by the way Freida's husband has colllected for $250,000...than agree to pay $1,000 for 100 months to her husband and kids. Not to mention that he is willing to dip into his pention to pay money due, to Freida's children if he had too. ..and we all know that your pention is protected by any law suit...So we are not talking about an animal, or a killer..We are talking about a family man, that has to live with this for the rest of his life!!! and that is not one burden I wiould like to carry....I think he is going to take this traggic accident, and make sure That Freida's name lives on...and that her death was not for nothing....


Jay   November 19th, 2010 2:51 pm ET

@ Jane Thies

How does a "loving mother" stay out until 3:00am drinking only to have her husband text her several times asking when the heck she's coming home?
Leyritz's reaction to being told FV passed away – did you stop to think that maybe he was suffering from shock from the accident? Individuals will not react in the same manner if put in the same situation. To say "anyone else would have...." is stereotyping. Shame on you!
FV was thrown from the car. Why? Was she not wearing a seat belt? And remember.......she was drinking and driving.
I am all against drinking and driving, even after consuming ONE drink.
But the prosecution did not prove beyond a reasonable doubt that JL ran a red light. Guilty of DUI, yes. Manslaughter, no.


Glory   November 19th, 2010 2:55 pm ET

It's amazing how people are quick to judge...but I am sure that most of our population, has gone to a BBQ, birthday or something...and at some point in the day, you choose to have a beer, glass on wine or even a shot of something....and than get behind the wheel of our car, thinking "I'm not drunk yet, and I only live a couple of blocks away"..after seing this whole episode unfold before my eyes, I WILL NEVER, EVER SO MUCH HAVE A beer and get behind the wheel of my car...is not worth it...even if we are not drunk, but get stop for something as simple as a NO SEAT BELT...I wold hate for the officer to even smell alcohol on my breath...


Diana Laney   November 19th, 2010 2:57 pm ET

I do not understand how some of these people can say he is not guilty there is a women dead. he is the one who ran the red light. he is the one who would not take the breathalizer. all that cry baby stuff is rediculus.


Glory   November 19th, 2010 3:08 pm ET

I saw In Session, how you ask Freida's friends, or family members, how her husband is holding up and her son....Her son is a little baby...not that he would not miss his mommy, the poor thing....but why isn't anyone asking the grandmother how Freida's daughter is doing? How is her mental statues....isn't she older than the little boy? I'm not saying we should not be concern with her son, but how about her daughter?


2slick   November 19th, 2010 3:42 pm ET

@ Jane Thies...people react differently to situations, everyone does not have the same reaction to the same situation. and Leyritz's reaction to video is not in question... the question is who ran the light.

and one more thing- you said "How does a 44 year old man with three kids go out to drink and get behind a wheel? " the answer...

evidently the same way a grown, married woman with kids goes out and drinks then gets behind the wheel, forgets to turn on the headlights, using the phone and running a red light!.


mike   November 19th, 2010 3:50 pm ET

this case is not a murder case thats first he refused the breath and blood test cause his lawyer said to as he called him just after the crash with the cop just before he did the road tests as the video showed him hanging up the phone now she was drunk and maybe texting it should be illegel while driving in all states so to the use of cell phones while driving now for the monitor in his car if he was over .08 it wouldnt start and im sure the guy in his car was the same as him as they were there together two people seen the light for him was yellow as he went through the intersection THE KEY WORD HERE IS YELLOW not red! imo not guilty of dui manslaughter


2slick   November 19th, 2010 3:53 pm ET

oh yeah, she forgot to buckle up as well.


Glory   November 19th, 2010 7:28 pm ET

If I was a juror...and I find out that all this information, was witheld from me as I was deciding on someone elses life...I would be pissed....I would feel betrade by the system.....how does that judge sleep at night? and now I read dead lock...and the judge has the nerve to threaten mistrial....he did this! he witheld information....he kept sending them to the hallway....Don't the families get to speak at the end? Freida's husband, or was soon to be ex husband smelled $$$$


sharon   November 19th, 2010 9:11 pm ET

Now let me see if I got this right: Prosecuter ask Garth what color was the light for victim? Garth replies green. Ok what color was the light for Leyrisk? He replies it was yellow turning red. His observation is wrong. If the light was yellow turning red for Leyritz then the victim light was RED. Don't forget the yellow light is for 4 seconds then when it turns red, is red for one second for both drivers!! It is what it is!!!


sharon   November 19th, 2010 9:14 pm ET

OMG – the jury is dead-locked but jujge has asked them to come back tomorrow to try to reach a verdict. If the deadlock is on the DUI-ok but if it is on the DUI/Manslaughter then the jurors didn't have their listening ears on!!!!


marvin   November 19th, 2010 11:04 pm ET

I belived that this case should have not even been file.Because this was just an accident where you have two driver that had been out drinking on the town.And neither one of them should have been behind the wheel of a car.And for the prosecutor to sit there and know that both driver was out drinking before the accident happen she need to stand back and take a look at herself.I belive that the state case fall apart when everyone that the prosecutor put on the stand could not tell the same story about what they had seen or didn't see.And the differnt story that the officer would give on the stand as well.I think that the only reason that this case come to light is because he had paid the family over 350.000 dollar.I think he is not guilty of all the charges against him.


Kathi   November 20th, 2010 12:49 am ET

I would like to start out by saying my heart goes out to Fredia Veitch's
children


RMH   November 20th, 2010 1:14 am ET

I could not believe what I heard from the family earlier today - that she did nothing wrong and is in heaven. Wow is that child going to be angry when he finds out the truth of what happened and his mother's drinking. She had a responsibility in this with drinking and driving, no seat belt and cell phone use.

Just because some people have a gift/talent that allows them to make a lot of money (we all make and watch our sports hero's) does not mean that they are bad people. Jim was beyond his glory days and just wanted to make a good home for his children. Why are so many people mad about that. They could not do what he did in sports - is it that green thing called jealousy?


Taylor   November 20th, 2010 6:06 am ET

The jury should have known that they were both drinking the night of the accident. The dead woman was filing for divorce from her husband. Only he knows that they were argueing at the point of impact. Now He benefits from her dying. He gets the money from the settlement. There is a God :Only He knows WHY?


lyn   November 20th, 2010 10:53 am ET

This so-called HERO is so guilty. And he knows it. The fact that he settled his Civil Suit is a joke...he has no money. And did not have much at the time he settled. It's all tied up in future payments to him. He's a scammer and it was all for show. Smoke and Mirrors. Have any of you watched this trial and seen his stupid smirk. He thinks this is a joke and, because the Prosecution was so inept, he will probably be found not guilty, BUT HE IS GUILTY.

If this Prosecutor is ever allowed to handle a trial, I feel confident that all of the defendants that she prosecutes will be set free. She may be the most unqualified person to prosecute a trial that I've ever seen.


tina   November 23rd, 2010 10:09 am ET

he is not guilt yes he will think of this everyday of his live maybe he can get on with his live with his kids . people leave him along so he can hayve a life with his kids


Jeanne   December 2nd, 2010 12:38 pm ET

I think Hayes should get death, why should he be able to kill and then go to jail and eat three meals a day, watch TV, talk to others and sleep in a warm bed when he had no regard for the two children he deprived of living to his age!! Also a woman didn't get to see her children have young one's, or get married or do any of the things they would have been able to do had he not decided he needed someone else's money. He made that choice. He only has himself to blame. Do us all a favor, Don't appeal the conviction. Take you punishment like a man.


Jeanne   December 2nd, 2010 12:43 pm ET

Jim Leyritz has already paid enough for all of this. This has gone on long enough. I do feel for her family but him going to jail is not going to bring her back or bring this to a close. I don't think this should have even gone to trial. It was an accident. Both were drinking. I am not a baseball fan, I never even heard of this man before seeing him on your show. But I do believe that she ran the red light, on her phone, not paying attention to her driving. Sorry for her family, but Jim has been punished enough.


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