Driver With Amnesia Not Competent for Car Homicide Trial?
A Washington state woman found guilty of vehicular homicide concerning an auto accident she can’t remember has filed an appeal seeking to overturn the felony conviction, arguing that she was unable to assist in her own defense.
Cleora Swirtz, now 25, also suffered life-threatening injuries in the 2004 accident that killed her boyfriend, Randall Frank, and there seems to be little question that her amnesia concerning the accident is genuine, according to the Seattle Times. Tests showed that neither she nor Frank had had anything to drink or used any drugs before the accident, and Swirtz, who was reportedly behind the wheel, has never before been convicted of any crime.
However, she was nonetheless charged by prosecutors and convicted by a Snohomish County jury this year of vehicular homicide, based on evidence that showed she was driving more than 100 mph at the time of the crash. Swirtz is appealing the conviction, despite the light sentence involving no prison time that she received at the request of Frank’s family and several jurors, because she doesn’t believe she would have ever driven that fast, for any reason, and the felony conviction will prevent her from pursuing her dream of working in health care.
Since she can’t remember the accident, she couldn’t testify or otherwise assist meaningfully in her own defense, and that is the basis of her appeal, the newspaper reports.
Although such an appeal more often is based on mental illness rather than amnesia and brain injury, her public defender, Marybeth Dingledy, says mental defect is also an appropriate basis. She and David Zuckerman, a lawyer who is apparently representing Swirtz on appeal, also say that requisite evidence of recklessness on Swirtz’ part is lacking, since speed alone isn’t sufficient proof.
For starters, however, Zuckerman says the trial court incorrectly determined Swirtz to be competent. “It’s hard to imagine how she can help her attorney if she is the only witness and she can’t say what happened,” he tells the Times.
