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Is this the whole article?

"A jury returned not guilty verdicts Friday in Mark D. Rosati’s manslaughter-by-vessel trial in Cecil County Circuit Court.

Jurors deliberated about five hours over two days before acquitting, Rosati, 53, of Mount Laurel, N.J., of negligent manslaughter by vessel and negligent homicide by vessel while under the influence of alcohol."

Damn fine journalism, I must say. A headline and a single sentance about a non-sentance.
 

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Is this the whole article?

"A jury returned not guilty verdicts Friday in Mark D. Rosati's manslaughter-by-vessel trial in Cecil County Circuit Court.

Jurors deliberated about five hours over two days before acquitting, Rosati, 53, of Mount Laurel, N.J., of negligent manslaughter by vessel and negligent homicide by vessel while under the influence of alcohol."

Damn fine journalism, I must say. A headline and a single sentance about a non-sentance.
welcome to Cecil County...

We are lucky not to get "he aint done did it" for a headline...
 

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Anyone know the details? This seems to have been a collision b/w a jetski and a 42' boat. Now I admit I know few of the details but common sense says you keep your jetski out of the way:thumbup:

So for the moment I'll side with the jurors.
 

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Here is the article from baynet.com. Since the driver of the big boat was cited for operating with no lights, and PWCs generally have no nav lights, we might surmise that it was dark and the 42 ran over the jetski.

The jury might have figured that even though the big boat driver was drunk, it did not cause the accident.

From baynet.com:
Cecil County - The Maryland Natural Resources Police continue their investigation of a boat accident that claimed the life of a Philadelphia woman.
On Saturday, July 21, at 4:11 p.m., NRP responded to the Elk River near Town Point for a collision between a 42-foot motor vessel and a personal watercraft (PWC). Kristy Lynn Szewczak, 21, of Philadelphia, Pa. and Christopher J. Leight Jr., 30, of Warmingster, Pa. occupied the PWC. Szewczak was transported to Christiana Hospital where she was pronounced dead. Leight was flown to the University of Maryland R Adams Cowley Shock Trauma Center in critical condition.
The operator of the 42-foot vessel, Mark D. Rosati, 51, of Mount Laurel, N.J. and his five passengers were not injured.
McMahan was issued citations for operating a motor vessel while under the influence of alcohol, operating a motor vessel while impaired by alcohol, operating a motor vessel while impaired by alcohol per se, operating a vessel between the hours of sunset and sunrise without proper navigation lights, and failure to have certificate of number available for inspection. He was released on his signature to a friend.
 

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Here is the article from baynet.com. Since the driver of the big boat was cited for operating with no lights, and PWCs generally have no nav lights, we might surmise that it was dark and the 42 ran over the jetski.

The jury might have figured that even though the big boat driver was drunk, it did not cause the accident.

From baynet.com:
Cecil County - The Maryland Natural Resources Police continue their investigation of a boat accident that claimed the life of a Philadelphia woman.
On Saturday, July 21, at 4:11 p.m., NRP responded to the Elk River near Town Point for a collision between a 42-foot motor vessel and a personal watercraft (PWC). Kristy Lynn Szewczak, 21, of Philadelphia, Pa. and Christopher J. Leight Jr., 30, of Warmingster, Pa. occupied the PWC. Szewczak was transported to Christiana Hospital where she was pronounced dead. Leight was flown to the University of Maryland R Adams Cowley Shock Trauma Center in critical condition.
The operator of the 42-foot vessel, Mark D. Rosati, 51, of Mount Laurel, N.J. and his five passengers were not injured.
McMahan was issued citations for operating a motor vessel while under the influence of alcohol, operating a motor vessel while impaired by alcohol, operating a motor vessel while impaired by alcohol per se, operating a vessel between the hours of sunset and sunrise without proper navigation lights, and failure to have certificate of number available for inspection. He was released on his signature to a friend.
Who is McMahan ? No mention of him in the rest of the story . Was he the vessel owner ? I don't get it .:confused:
 

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Here is the article from baynet.com. Since the driver of the big boat was cited for operating with no lights, and PWCs generally have no nav lights, we might surmise that it was dark and the 42 ran over the jetski.

The jury might have figured that even though the big boat driver was drunk, it did not cause the accident.

From baynet.com:
Cecil County - The Maryland Natural Resources Police continue their investigation of a boat accident that claimed the life of a Philadelphia woman.
On Saturday, July 21, at 4:11 p.m., NRP responded to the Elk River near Town Point for a collision between a 42-foot motor vessel and a personal watercraft (PWC). Kristy Lynn Szewczak, 21, of Philadelphia, Pa. and Christopher J. Leight Jr., 30, of Warmingster, Pa. occupied the PWC. Szewczak was transported to Christiana Hospital where she was pronounced dead. Leight was flown to the University of Maryland R Adams Cowley Shock Trauma Center in critical condition.
The operator of the 42-foot vessel, Mark D. Rosati, 51, of Mount Laurel, N.J. and his five passengers were not injured.
McMahan was issued citations for operating a motor vessel while under the influence of alcohol, operating a motor vessel while impaired by alcohol, operating a motor vessel while impaired by alcohol per se, operating a vessel between the hours of sunset and sunrise without proper navigation lights, and failure to have certificate of number available for inspection. He was released on his signature to a friend.
4pm in July, Dark? Something doesnt make sense.
 

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Im with Michael Rose... who is McMahan?

Maybe the reason someone was found not guilty is that the jury couldn't figure it out either... Also sounds like it took more than a year for the State to indict the driver of the large boat. A year is a long time and might indicate a case that was not as strong as the States Attorney might have wanted.
 

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This 42'er was a go-fast boat that was at dam near full throttle. I was told 70+MPH...The jet ski couldn't get out of the way and was run over. Don't know if jet ski even seen the go fast boat. The lady was decapitated while the guy was thrown...jet ski had a "V" cut straight through it...DNR or CG gave a sobriety test on site and cuffed the driver of the go fast boat...

All this was observed from the shore line via spotters scope by a friend of mine who lives on the Elk.

If I understand the news article correctly, the PWC operator, by law, needed to be clear of other vessels by 100' while operating...the PWC guy thereby violated the law...go fast boat guy not guilty...even though he was UTI of acohol...here comes the civil suit...

That sucks big!!!

Bruce
 

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Maybe they couldnt hear the 42 coming over the jetski noise? I guess at that speed it might sneak up on you. Sad story if that is the case.
 

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people at the helms of boats or jetski'r's need to keep aware of their surroundings and know what is coming their way (esp. jetski'rs). Apparently, she was unaware of her surroundings and was not paying attention (god bless her soul for that one mistake). Always look behind you while riding a jetski and stay out of the lane of traffic so to speak.
 

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The Sad part about the case is someone is dead, some will be scared for life and no one actually paid because a slick attorney took facts and twisted them to the point an jury couldn't deny. The Civil suit should be a open and shut deal as proof is not as heavy a burden. Not bad mouthing lawyers before anyone gets theye briefs twisted just that with the right legal argument the truth is not always what comes out.
 

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The Sad part about the case is someone is dead, some will be scared for life and no one actually paid because a slick attorney took facts and twisted them to the point an jury couldn't deny. The Civil suit should be a open and shut deal as proof is not as heavy a burden. Not bad mouthing lawyers before anyone gets theye briefs twisted just that with the right legal argument the truth is not always what comes out.
So why not blame the prosecutor? Or the boater? Do you really think that a defense attorney has the option not to make every argument within the bounds of ethical constraints? That would be a short walk to disbarment proceedings, plus a malpractice suit. You were not there, right? Neither was the prosecutor or the defense attorney. Only the victim (now dead), the accused and witnesses were there and I bet that their stories weren't in perfect harmony.

The purpose of a criminal trial is to force the state to prove its case. The purpose of the defense is to point out where that proof is lacking, including offering alternative factual possibilities to those that the state and its witnesses put forth. I was not at the trial. Do you have information that the defense attorney did anything more than this?

As for the civil case, contributory negligence is a heavy burden to overcome. The civil case may well be more difficult than the criminal one. At the end of the day, a person is still dead. I doubt that the legal teams fom either side feel good about that. I've had to represent some scum in my life and it's one of the hardest things a person can be asked to do.

OK; my briefs are untwisted now.

P.S.: He was not guilty of manslaughter. But was he guilty of the BUI charges? Those are two different animals (although BUI disgusts me, too).
 
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