Friends: Driver reached for phone

6/2/2009 3:31 AM

WAYNESBURG - Two friends of Britnee Moore testified Monday that the 20-year-old Waynesburg woman admitted she reached for a cell phone to answer an incoming call just before her car and one driven by Hope Maley collided two years ago on Route 218, three miles south of Waynesburg.

Killed in the March 13, 2007, crash was Hope Maley, 16, of Waynesburg, who was on her way to visit her father on Smith Creek Road when the accident occurred about 9 p.m.

Maley, who would have turned 17 the following day, was pronounced dead at the scene by Greene County Deputy Coroner Mary Lewis.

Among the 15 witnesses to testify during the first day of Moore's trial were Shana Puthuff and Shadoe Martin, both 20 and of Waynesburg.

Each told the jury of six men and six women about a visit they had with Moore at Magee-Women's Hospital of UPMC a week or so after the accident.

Puthuff said Moore told her the accident happened when she was "reaching for a phone call from Shadoe," and Martin said Moore told her "she was reaching for the cell phone when I called."

Moore, of 135 W. Lincoln St., was seriously injured in the accident and was taken by medical helicopter to the Pittsburgh hospital.

Trooper John Pash testified he was able to interview Moore briefly at the accident scene.

"I spoke to her in her vehicle, and she said she didn't remember what happened other than she came around a bend and got hit," Pash related.

However, two weeks later, Pash interviewed Moore in Magee-Women's and she said she was going through a curve and saw a car coming at her. "She said she did not know how fast she was going and that she did not try to use a cell phone," Pash said.

Moore is facing charges of homicide by vehicle, involuntary manslaughter, reckless endangerment, homicide by vehicle and other traffic-related offenses, including speeding and reckless driving.

The cell phone issue dominated much of the afternoon testimony.

Trooper Donald Lucas of the state police's computer crime unit, said he was able to pull data from Moore's cell phone, including images, text messages and call history.

Also included among the information taken from the phone was a list of contacts a caller programs into a phone. The call history shows dates and times of calls received, dates and times of outgoing calls, duration of the calls and calls that go to voice mail.

Lucas and Daniel Paull, a store manager for Verizon Wireless in Uniontown, responded to numerous prosecution questions regarding pages of calls made from Moore's phone on March 13, 2007.

The information included calls and text messages from a trip Moore and Brandon Louden of Blacksville, W.Va., made earlier that day to Uniontown Mall, many of which were to and from someone named Rumbaugh. The activity began about 6 p.m. until Moore took Louden to work at Mt. Morris Truck Stop between 8 and 9 p.m.

The phone records also confirm that Moore used her cell phone 20 seconds after 9 p.m. and that a call from Shadoe Martin went unanswered at 25 seconds after 9:01 p.m.

Also testifying before Judge William Nalitz was Hope Maley's mother, Darlene.

Darlene Maley recounted the activities of her daughter that day and then told the jury of later going to an auto body shop where her daughter's car was.

"I just wanted to get some of Hope's personal belongings," she said.

The owner's son gave her a cell phone but it did not have a battery. When she bought one the next day, Darlene Maley discovered it was not her daughter's phone, but one belonging to Moore. State police subsequently obtained a search warrant for that phone.

The day began when Greene County District Attorney Marjorie Fox made it clear to the jury that sympathy should play no part in deciding the outcome in Moore's vehicular homicide trial.

In her opening remarks, Fox said the charges against Moore are necessary because "a life was lost as the result of Britnee Moore's actions, actions which were homicidal," Fox said.

"Driving is an adult action that comes with adult responsibility," Fox said, and on this night, "the defendant was speeding up a dark and winding road and became distracted while trying to answer a cell phone."

Moore's attorney, Mike Bigley, countered by saying there is a "disagreement about the speed," which he said, will be subject to interpretation. And he said, "we do not agree the actions arose to the level of criminal conduct."

The trial will continue today at 8:30 a.m.

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