Oct 27, 2006 3:04 pm US/Pacific
Sentencing Date Set In Farmer's Market Crash
Tragedy Killed 10 People, Injured 68
LOS ANGELES (CBS) ―
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George Russell Weller was convicted of 10 counts of vehicular manslaughter for the deadly 2003 crash at a Santa Monica Farmer's Market.
AP
The man, 89, convicted of 10 counts of vehicular manslaughter with gross negligence for the deadly 2003 crash at a Santa Monica Farmer's Market will be sentenced Nov. 20, a Los Angeles Superior Court Judge said Friday.
It was unclear whether the motorist, George Russell Weller, will be present at the hearing, because his attorneys filed a notarized waiver to exempt him from attending.
But Deputy District attorney Ann Ambrose, who prosecuted the case, said the legislative intent of the Victims' Bill of Rights allows his victims to confront him during sentencing.
"These people have waited many years for this opportunity," she told Judge Michael Johnson during Friday's hearing to determine the date of sentencing.
Ten people were killed and 68 others injured when Weller's Buick LeSabre tore through the open-air market on Arizona Avenue on July 16, 2003. His attorneys said he accidentally hit the gas pedal instead of the brakes.
Jurors, however, returned a verdict a week ago siding with the prosecution's theory that Weller had the means to avoid the wreck and the carnage that resulted.
Ambrose expects at least 20 people, including victims and their families and friends, to participate in the sentencing hearing, either live in person or through statements submitted via written letter.
As to whether anyone will speak on Weller's behalf, defense attorney Mark Overland said, "not sure, probably not."
Weller's defense team gave the judge information on Weller's medical condition that is not being made public.
"He's not well, he's 89 years old, he's quite sick and deteriorating," said defense attorney Mark A. Borenstein, noting Weller had recently developed a particularly serious illness.
"He's frail, he's tired, his heart was broken three years ago," he added, referring to the market tragedy.
(© 2006 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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