Judge: ME, trooper cannot testify in hit-and-run trial

Posted at 8:27 PM, Feb 08, 2013
and last updated 2013-02-11 11:13:11-05

RICHMOND, Va. (WTVR) -- There is new information about the evidence that will be presented to a jury during a deadly hit-and-run case.

In court Friday, Elias Webb sat quietly showing no emotion as his attorneys argued against prosecutors using autopsy photos of Lanie Kruszewski taken by the medical examiner.

Prosecutors say they want to demonstrate how the victim allegedly came in contact with Webb’s car using pictures that show the extent of Kruszewski’s injuries.

However, Webb’s lawyers argued it would only inflame the passions of the jury.

Judge Margaret Spencer granted the request of seven graphic photos to be introduced into evidence.

Judge Spencer agreed with the Defense’s motion barring the Medical Examiner and a State Trooper from testifying as expert witnesses on how or why the accident occurred.

Judge Spencer stated that the testimony could be viewed as their opinion and not facts in the case.

The judge also modified a ruling she made last week. She had stated that any evidence about Webb drinking before the accident could only be presented during rebuttal.

However, Spencer said Friday that she would allow that evidence if Webb testifies -- or if lawyers and witnesses discuss his conduct during the night of her death.

Lanie Kruszewski was struck and killed on July 29, 2012 while riding her bike on River Road near the Richmond-Henrico County line. Eli Webb came forward days after the accident telling authorities he thought he hit a deer.

The judge gave the attorneys until noon Saturday to submit extra questions they want to ask potential jurors to determine if they have any knowledge of the case.

Jury selection gets underway on Monday and the trial is expected to last three days.