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Shorty
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Member since 5/05 30390 total posts
Name:
really
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Victims to blame for being hit by drunk driver. REALLY!??!
dfgfh%$#^&$&*%rgh^&25457*^%@#$52476$^*#%$@
NICE DEFENSE, arsehole.
seriously?!? how this attorney looks at his own reflection is beyond me.
from Newsday:
November 9, 2010 by CHAU LAM / [email protected]
Former Marine James Farr was drunk the night he slammed his sport utility vehicle into two brothers jaywalking on Hempstead Turnpike in East Meadow in August 2009, his lawyer told a jury Tuesday. But alcohol did not play a role in the deadly crash, the attorney said in his summation at Farr's manslaughter trial in Mineola.
The pedestrians, Joseph Occhiogrosso, 28, of East Meadow, and Thomas Occhiogrosso, 27, of Riverhead, were drunk and walked against traffic signals, factors that contributed to their own deaths, said Farr's attorney, Greg Grizopoulos of Rockville Centre. He said the collision was an unavoidable accident that would have happened regardless of whether Farr was drinking.
"Those pedestrians shouldn't have been there. They took a risk. They got hit. They were killed. And, it had nothing to do with the alcohol James drank that night," Grizopoulos told jurors in Nassau County Court Judge David Sullivan's courtroom.
But Nassau prosecutor Matthew Lampert said the Aug. 23 collision occurred because Farr was too drunk to see the Occhiogrosso brothers crossing Hempstead Turnpike and too slow to react. Farr's blood alcohol level, taken four hours after the crash, was .18, more than twice the legal limit of .08.
A sober driver would have seen the Occhiogrosso brothers, both wearing white T-shirts and both more than 6 feet tall, walking across the well-lit road, Lampert said.
Not only did Farr fail to slam on the brakes of his 2005 BMW, Lampert said, but he drove for more than 250 feet after he struck the men who were crossing Hempstead Turnpike near Conti Square Boulevard in East Meadow at 4:15 a.m.
"There is a human being stuck on the windshield, bleeding to death," he said. "He was too drunk to stop the car."
Farr is charged with three counts of first-degree vehicular manslaughter, two counts of second-degree manslaughter, two counts of second-degree vehicular manslaughter, two counts of criminally negligent homicide, two counts of driving while under the influence of alcohol and aggravated driving while under the influence of alcohol. If convicted of the most serious charge, Farr faces up to 5 to 15 years in prison, Lampert said.
In an interview, the victims' brother, Paul Occhiogrosso, 32, of Westbury, said the family, including Thomas' 3-year-old daughter, has to go on living without Joseph and Thomas .
"The thing that hurts me the most is that he only gets 15 years" if convicted, he said. "The rest of our family's life is different. My niece has no dad."
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Posted 11/10/10 10:24 AM  |
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Long Island Weddings
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Christine
2nd verse same as the 1st
Member since 5/05 15287 total posts
Name:
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
To be honest, I am surprised more pedestrians are not killed for walking out into traffic like that. I see it almost everyday.
I am in no way saying the drivers are not guilty. They should go to jail just for getting in the car in the first place.
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| Posted 11/10/10 10:28 AM |
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JavaJunkie
Someday, Somehow
Member since 6/05 5857 total posts
Name:
Lois
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
That's bs! Should they gave been crossing the street like that, no, but if the driver wasn't drunk he would have had a shot at seeing them and reacting to being able to stop! Seriously when ate people going to start learning nit to drink and drive?! It's so frustrating! Especially as a wife and mother, I worry all the time that some a-hole driver under the influence is going to be driving the same roads as us!
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| Posted 11/10/10 10:33 AM |
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CouponKT
Our family is complete
Member since 6/06 16494 total posts
Name:
K
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
Wrong to be in the driver seat PERIOD.
But there were many a time that I almost hit drunkards walking across Main Street in Smithtown. It would never fail....8 people would leave the curb and attempt to walk across. 3 would walk all the way across, 2 would stop in the middle and 3 would run back to where they came from. I felt like I was playing Frogger not to hit these drunk idiots!
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| Posted 11/10/10 10:34 AM |
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JavaJunkie
Someday, Somehow
Member since 6/05 5857 total posts
Name:
Lois
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
Love your avatar btw, too cute!
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| Posted 11/10/10 10:34 AM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
are there any laws about being a pedestrian and being drunk?
This attorney is really stretching it here but I can see his point.
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| Posted 11/10/10 10:40 AM |
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EckoRed81504
We are complete <3
Member since 12/07 6299 total posts
Name:
April
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
I too can see his point but maybe if the driver wasn't drunk he would have been able to stop
ETA: I only see his point bc of this- My friend passed away-he was sucker punched fell back and hit his head and was brain dead-he died.
The kid that punched him didn't see any jail time or even get charged with anything bc the punch didn't kill him- the fall did. But my friend wouldn't have fallen if he didn't get punched. KWIM
Message edited 11/10/2010 10:50:40 AM.
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| Posted 11/10/10 10:47 AM |
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MrsGmomof3
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Member since 6/08 3290 total posts
Name:
Irrelevant
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
You know what? The 2 men who were killed were drunk. They were however SAFE enough to WALK and NOT TO GET INTO A CAR AND DRIVE! They were WALKING across Hempstead Tpke. They were doing what they thought was safe.... NOT drinking and driving.
The driver of the car that hit them was drunk. He needs to go to jail for his crime of manslaughter. If the men had not died, would they have been arrested for "Walking under the influence"?????? Please.
I am amazed at how defense attorneys are able to look at themselves in the mirror after things like this 
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| Posted 11/10/10 11:08 AM |
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Karma
LIF Infant
Member since 9/10 201 total posts
Name:
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
A sober driver would have seen the Occhiogrosso brothers, both wearing white T-shirts and both more than 6 feet tall, walking across the well-lit road, Lampert said.
Not only did Farr fail to slam on the brakes of his 2005 BMW, Lampert said, but he drove for more than 250 feet after he struck the men who were crossing Hempstead Turnpike near Conti Square Boulevard in East Meadow at 4:15 a.m.
"There is a human being stuck on the windshield, bleeding to death," he said. "He was too drunk to stop the car."
This is how I felt from the start. His drinking had a HUGE impact on what went down that morning.
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| Posted 11/10/10 11:10 AM |
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LadyBug1209
Mommy to FOUR little men!
Member since 8/08 9655 total posts
Name:
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
Joey and TJ were my sister's best friend's brothers....
I am disgusted by the turn the trial is taking right now. Joey and TJ were 1 step from the curb (LITERALLY!!!! 1 of them might have even had 1 foot up on the curb) when they were hit, which means the idiotic drunk driver should have seen them looooong before slamming into BOTH of them at such a high rate of speed. The fact that they are being blamed for WALKING ACROSS THE STREET is absolutely disgusting.
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| Posted 11/10/10 11:34 AM |
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VeeJay
Love baby feet
Member since 2/09 2894 total posts
Name:
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
I could not believe that when I read it. Does this lawyer think the jury is a bunch of morons?
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| Posted 11/10/10 11:35 AM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
I'm under the impression that pedestrians always have the right of way. At least that's how I operate.
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| Posted 11/10/10 11:41 AM |
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FirstMate
My lil cowboy
Member since 10/10 7790 total posts
Name:
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
That's what a defense attorney is hired to do. Culpable conduct is a defense used all the time in most criminal and civil cases. This driver is entitled to a trial by jury and hired an attorney to represent him. The attorney is just doing his job. It's up to the DA to do his/her job and disprove him.
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| Posted 11/10/10 12:01 PM |
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heathergirl
Cocktail Time!
Member since 10/08 4978 total posts
Name:
American mouth
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
I think it is a sad situation either way, but its a catch-22. Neither of them should have done what they did; no drunk walking across a major highway and no drunk driver driving down said highway.
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| Posted 11/10/10 12:03 PM |
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Otherme
Square head cutie pants
Member since 3/06 6899 total posts
Name:
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
I agree its a horrible accident, and the driver is totally at fault. But you can't blame the lawyer for doing his job.
It's his job to find any little way to get his client off, whether its believable or not. The jury will decide whether to believe him or go along with his line of thinking.
So in this case, the lawyer is really doing what he's paid to do. Someone has to do it..
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| Posted 11/10/10 12:51 PM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
What happened to "yielding to pedestricans" and that they have the right of way?
Of course the fact that he was drunk had everything to do with it.
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| Posted 11/10/10 12:55 PM |
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
I don't know all the details of the case but from what I see, I kinda agree with the attorney.
Pedestrians have the right of way ONLY if the light is in their favor. I really don't have sympathy for people who jay walk irresponsibly and simply "expect" drivers to stop for them at the drop of a hat. Common sense would dictate people should just exercise caution when crossing these roads, but I agree alcohol did play a role regardless of the investigation results. Its just a sad tragic accident.
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| Posted 11/10/10 3:05 PM |
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Mrs213
????????
Member since 2/09 18986 total posts
Name:
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Re: Victims to blame for being hit by drunk driver. REALLY!??!
I don't think it's the pedestrians fault but I think if the driver wasn't drunk and the pedestrians were the story would take a different turn. Either way, people shouldn't be driving drunk or crossing a major highway on foot while drunk. Condolences to all victims families
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| Posted 11/10/10 5:52 PM |
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