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Teen tells jury he does not remember sending text before fatalaccident by ferujkll sdff





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Teen tells jury he does not remember sending text before fatalaccident by
Article Posted: 07/19/2013
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Articles Written: 2023
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Teen tells jury he does not remember sending text before fatalaccident


 
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Three lives have been changed forever, Lussier said as someof Bowley s relatives in the courtroom cried. One life is nolonger with us. But Lussier told jurors that the crash was not the result ofDeveau s texting, despite assertions by Essex Assistant DistrictAttorney Ashlee Logan that phone records show Deveau sent a textmessage two minutes before the head-on collision. They have to put the cell phone in his hands, he told jurors. He has to have seen the text message that they are talkingabout.



Earlier today, Deveau took the stand in his own defense andinsisted he was not texting when he was behind the wheel. Hetestified the phone was on the passenger seat of the car at thetime of the crash, and that he had sent his last message while hewas in the parking lot of the Market Basket supermarket where heworked. Lussier urged jurors to remember that Deveau did not send or areceive a text from the moment the key was in the ignition of hiscar. During his 20 minutes on the witness stand, Deveau was subjected tosharp questioning by Logan about his texting activity on that day.Deveau often said he could not recall specific information aboutthe date of the crash, but he told Logan during her questioningthat he was not using his cellphone at the time of the accident. During her closing argument, Logan told jurors that she was notaccusing Deveau of deliberately causing the crash.



You are never going to hear me say he meant to do it, but thatdoes not matter, Logan said. Intent does not matter. What does count, she said, is his negligence behind the wheel. His negligence does not start at the crash, she said. Hisnegligence happened the moment he let his mind get distracted bywhatever.



Logan also directly attacked the defense claim that the prosecutonmust show he was using the phone. Under state law, she stressed,teenage drivers are not permitted to handle a phone in a vehicle inthe first place. Everyone is forgetting that he is not allowed to have thatphone, Logan said. It doesn t matter if he s still there inthe parking lot.



The jury is expected to begin deliberations today, followinginstructions from Judge Stephen Abany,. John R. Ellement of the Globe Staff contributed to this report.

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