Amy Senser Trial: Senser Found GUILTY on 2 of 3 Felony Charges

The Amy Senser hit-and-run saga has come to an end today with the jury on the case coming back with guilty verdicts on the charges of leaving the scene of the accident and failing to immediately report the accident.  Senser was found not guilty on the third felony charge, which was driving in a grossly negligent manner.  State guidelines for the charges Senser was found guilty of recommend a four year prison sentence.  Senser was released on her original bail until her scheduled sentencing on July 9th.

I predicted in this space a little less than a week ago that it would be difficult for the prosecution to get a conviction in this case, and it was nothing but that.  However, the prosecution's theory of the case clearly won over the jury to the point that they decided it simply wasn't reasonable for Senser to be unaware that the object she hit was a person.

For those of you still trying to get caught up on this thing, for Senser to be guilty of the two charges she was convicted on, she had to knowingly leave the scene of an accident that she knew was likely to have caused significant bodily harm or death to a person and fail to report said accident to the police.  The defense theory throughout the case was not that Senser didn't strike the victim with her SUV, but that she had no reason to believe that what she'd hit was a person.

I was obviously not in the jury room during deliberation, but if I had to guess, I would assume that the bottom line for the jury was that the collision was severe enough that it warranted more than a shrug of the shoulders and a "whoopsy daisy" to Senser's husband the next morning.  Photos showed the extent of the damage to the front of the Senser's SUV to be significant.  Senser herself said that the crash was somewhat jarring.  Experts testifying on behalf of the prosecution opined that given the specifics of the crash, Mr. Phanthavong's body would have appeared above the hood of the SUV after contact for at least a moment or two.  Senser testified that her speed at the time of the accident was roughly 50 mph.  When you combine all of these elements, it would be easy to see how the jury could conclude that Senser either had to have known that she hit something significant, or that such an accident at least required her to stop and investigate.

I based my prediction last week on the theory that it would be difficult for the prosecution to prove that Senser knew she'd hit a person without a reasonable doubt due to the lack of physical evidence, witnesses, or testimony stating as much.  In the end, it turns out that they didn't have to.  The prosecution did a great job of painting a picture for the jury that allowed them to put themselves in Senser's shoes and determine what would be a reasonable reaction to a collision of this magnitude.  Clearly, the decided that driving away without giving the incident a second thought did not qualify as "reasonable" in their minds.

The length of jury deliberation was not surprising, given the high profile nature of the case.  You'll often hear the adage that a long deliberation is good for the defense (at least that's what prosecutors say).  Defense attorneys will tell you that the opposite is true; that a long deliberation is indicative of a jury trying to hammer out a conviction.  I'm not sure there's a right or wrong way to look at this, but in this case, my hunch is that most of the deliberation was spent going over the prosecution's expert testimony and deciding whether or not it added up to knowledge.  In the end, it did, and they convicted.

This is a huge win for the prosecution, as they were ridiculed by some (including me to some extent) for their decision to charge so aggressively in this instance.  Criminal vehicular homicide has long been a difficult conviction to get based on the foggy nature of what someone knows and what they don't know.  If any good is going to come out of this, it's that a precedent has not been set that fleeing from an accident isn't going to get you out of trouble.  You can still be convicted of a crime.

The general consensus was that Senser was hiding something by fleeing; either her being intoxicated or her being under the influence of some sort of narcotic due to a headache of which she'd been complaining.  Ultimately, the reasons for her decision won't matter.  It's a good day for Hennepin County prosecutors, and a bad day for the Senser family.

If you or a loved one find yourself charged with a crime or are the subject of a criminal investigation, it is imperative that you speak withe a qualified Minnesota criminal defense attorney as soon as possible.  Don't wait around for police to convince you to say something you shouldn't.  Get the help you need to be successful in your case.

As always, the contents of Minnesota Criminal Defense Blog are intended for entertainment purposes only and are not designed to be legal advice or legal advertising.  The viewing of this website does not create an attorney/client relationship between the author and the reader.  If you are in need of legal advice, stop surfing the internet for answers and speak with a licensed attorney in your jurisdiction.

Amy Senser Trial Update: Amy to Take the Stand

After a weekend of recess from court for Amy Senser, the defendant in Minnesota's most high-profile criminal trial, Senser herself will take the stand today in her own defense.  This move, while not necessarily surprising, will probably be the "make or break" moment in this trial.

Again, Senser is faced with three felony charges stemming from an incident on the Riverside ramp off of I-94.  One is for leaving the scene, one is for failure to call for help immediately, and one is for gross negligent operation of a vehicle.  The first two crimes require the suspect to know that their accident could have reasonably resulted in severe bodily harm or death or another person, whereas the negligence charge does not.  However, for Senser to be found guilty of grossly negligent driving, the prosecution will have to show that her driving would "shock the conscience."  This will be a difficult standard to meet, seeing as there were no witnesses of the accident.  The prosecution did introduce testimony from someone who was trailing Senser on I-94 a few miles before the accident, but ultimately, Senser's testimony will have more to do with this charge than any other evidence.

Senser's testimony will be important because this entire case is based on what she did or didn't know.  If the prosecution can get her to slip up during cross-examination, it could mean a victory for Hennepin County.  Senser essentially has to take the stand in order for her defense (didn't know she hit someone) to even be entered into evidence.  There will be some interesting things to keep an eye on today:

1.  Will the prosecution grill her about her drinking the evening of the accident?
One of the big question marks in this case is whether alcohol was a factor in this deadly accident.  If the prosecution can get Senser to admit to having a few drinks on the night in question, it will turn this into a nearly impossible conviction into essentially a slam dunk.  Don't expect this to be the case, however.  Defense attorney Eric Nelson wouldn't be putting Senser on the stand if she was going to admit to consuming alcohol that night.  She will deny drinking, but how convincing will she be?

2.  How will Amy Senser do when questioned about "getting lost?"
For a person living in Edina who is supposed to be on their way to downtown St. Paul, going west on I-94 in downtown Minneapolis wouldn't be the most efficient path.  Senser explains her unusual route by claiming that she was lost on her way to the Xcel Center and was trying to find her way back onto eastbound I-94.  Senser has lived in the metro for years, so getting lost on the Twin Cities' main drag is a bit surprising.  Her husband, former Viking tight end Joe Senser, already testified that such an event was not out of character for her, but it was hard to tell if he was referring to her actually getting lost or her claiming that she'd gotten lost.  How Senser holds up when pressured on the timeline of that evening will go a long ways towards determining the outcome of this case.

3.  Will Senser be "believable" with her testimony?
So much attention gets put on what people say as opposed to how they say it.  The true test of any witness is whether they can get the jury to buy into their story.  Senser's biggest challenge will be to keep her story consistent, stay even-keeled, and to avoid embellishing on the questions asked of her.  The worst thing a defendant on the stand can do is answer more than the questions asked.  This is probably the biggest benefit to hiring a Minnesota criminal defense attorney when facing criminal charges of this nature.  A good lawyer will prepare you for what you can expect while you're on the stand and can get you ready to be successful when the questions get intense.

Monday is sure to be an exciting day in the Amy Senser criminal vehicular homicide trial.  We should know a lot more about her chances of earning an acquittal after she steps down either today or tomorrow.  If you've got any questions regarding the case, you can leave them in the comments section or you can shoot me a line via email.  I can't promise I'll be able to respond to every email or comment, but I'll surely do my best.

If you or a love one are dealing with criminal charges or are the subject of a criminal investigation, don't wait too long to speak with a Minnesota criminal defense attorney.  Minnesota criminal defense attorneys can help you get your defense on the right track from the start so you have the best chance to be successful.

As always, all material on Minnesota Criminal Defense Blog is intended to be for entertainment purposes, only.  It is not intended to be construed as legal advice or legal advertising, nor does viewing this website create an attorney/client relationship between the author and the reader.  If you are seeking legal advice, contact a licensed attorney in your jurisdiction to get the specialized legal service you require.

Amy Senser Trial Continues...

Since writing about Amy Senser's trial before it began last week, I've been getting a few emails from people with questions regarding the actual trial itself.  I thought I would touch on a few of these quickly today before sending out the final installment of the "Know Your Rights" series tomorrow.

Again, my opinion on this trial is just that; opinion.  I have no inside information about the case.  I do not know Eric Nelson (Senser's defense attorney), nor do I know the prosecutors on the case.  I'm simply looking at this from the point of view of a Minnesota criminal defense attorney and opining on it as I see fit.

I've been getting emails for the past 2 days regarding the strategy behind Joe Senser's testimony.  A few people have noted to me that his testimony seems to be against his wife as opposed to in favor of her.  I'm not so sure this is the truth.  Some of his testimony this morning (4/26) may seem a bit peculiar, but it appears to be very carefully crafted, to me.  He testified that his wife is "fiercely independent" and that it was not uncommon for her to get lost/flake out/do her own thing.  This sounds like he's ripping on his wife, but what he's really doing is helping her to make the case that she just didn't know what had happened.  If she's a cold, calculating, reliable person, it makes it harder for the defense to suggest that she simply didn't know that she hit a person with her vehicle that night.  By painting her as an aloof, self-serving, flaky person, the defense can more easily make the claim that she didn't have actual knowledge that what she hit was a person, nor would she have considered stopping to investigate.  Remember, the issue at trial isn't whether she hit the victim.  The issue is whether she knew she hit the victim.  Joe Senser's testimony isn't going to do his wife any favors in regard to the negligence charge against her (inattentiveness is not a defense to negligence), but it will help her in the charges against her regarding leaving the scene of an accident which she knowingly may have resulted in significant bodily harm or death to another person.

Joe Senser's Wednesday testimony did even more to help her wife, despite his claim that he "knew" that she had hit more than a traffic barrel.  Joe Senser's understanding of the situation is, again, not what is at issue.  His testimony furthered the theory that Amy Senser was adamant that she couldn't have struck a person.  She was steadfast in her claims to her husband that she hit construction equipment, even after seeing a report on television of the deadly accident.  His skepticism aside, his recounting of her reaction to the incident lends to the defense's case.  So, while Joe Senser's testimony may not shine the most flattering light on his wife's personality, it has gone a long way towards helping Amy Senser and her attorney poke holes in the prosecution's case.

The most difficult thing for any prosecutor to prove is the intent/knowledge of a defendant.  It's not always that difficult to prove that a certain event occurred, but a major element of nearly every criminal charge is mens rea, which is Latin for "guilty mind."  In the Amy Senser trial, the mens rea necessary to prove is that Mrs. Senser knew she hit a person and made a conscious decision to leave the scene and continue driving.  The strategy of the prosecution has been to use circumstantial evidence to piece together the events of the evening and make an appeal to the jury to put themselves in Amy Senser's shoes.  Basically, they want the jury to ask themselves "If I was driving 50 mph and struck a person, wouldn't I know that I did it?"  The psychology behind this is that people (in general) like to rate themselves against others.  If you can get them to put themselves in the shoes of Amy Senser, they're going to want to believe they would have acted properly in this situation.  You want them to think "I would have stopped," or "I wouldn't have hit the person in the first place."  If the prosecution can accomplish this goal, they greatly increase their chances of getting a guilty verdict.

With the trial winding down, I suppose it's time to offer up my opinion on how things will end.  I believe that it's going to be difficult for the prosecution to prove beyond a reasonable doubt that Amy Senser left the scene of an accident that she knew resulted in the severe bodily harm or death to another person.  I think the circumstantial evidence is impressive, but ultimately, circumstantial evidence doesn't usually win trials.  Without a witness who can testify to her knowledge, all the prosecution has is circumstantial evidence.  The appearance of the vehicle, the missing text messages, the failure to pick up her daughter, and her erratic behavior following the incident likely won't be enough to slam the door on this case.  I think Mrs. Senser is acquitted of all three felony charges against her.  If she is convicted of anything, it will be the gross negligence charge.  Negligence is always an easier charge to get to stick because it is so all-encompassing.  I think the task in front of the prosecutors is just a little too daunting.  I believe their strategy has been sound throughout, but I feel like this specific charge is extremely difficult to prove.

Amy Senser isn't the only person in this state facing criminal charges.  If you or a loved one have been charged or may soon be charged with a misdemeanor, gross misdemeanor, or felony charge, do what Amy Senser did and call or email a Minnesota criminal defense attorney to get someone on your side.

As always, content on the Minnesota Criminal Defense Blog is not intended to be viewed as legal advice or legal advertising.  Use of this website does not create an attorney/client privilege between the author and the reader.  If you are in need of legal advice, call or email a Minnesota criminal law attorney to get personalized advice tailored to your exact situation.