GREEN BAY, WI (WTAQ-WLUK) — A defense request to delay the trial for a motorist accused of driving more than 100 mph, causing a crash on Lombardi Avenue which killed three people, was denied Monday.
Abdi Ahmed, 23, faces three counts of first-degree reckless homicide for the June 28, 2020, Lombardi Avenue crash which killed Jessie Saldana, Sonia Gonzalez-Guillen and Sonia Gonzalez. He has pleaded not guilty. The trial is scheduled to start June 6.
In court Monday, defense attorney Christopher Froelich, said because evidence continues to be turned over in the case, and because he wants more time to prepare for a recently disclosed expert witness for the state, he asked for the trial to be postponed.
Multiple family members of the victims objected to any delay.
After discussions with the judge and prosecutor, the concerns about the expert were worked out. Another hearing was scheduled for May 20 to review the testimony and related issues.
According to the criminal complaint, Ahmed was driving 104 mph (in a 35mph zone) 1.2 seconds before the airbag deployed in his Dodge Charger. Data from the airbag computer module also shows the brake was engaged only 1.1 seconds before the airbag went off. The data shows the car was traveling 84 mph the tenth of a second before the airbag deployed.
Previously, the judge ruled the defense will be able to introduce evidence that Saldana had marijuana in his system, perhaps impairing his ability to operate the vehicle, contributing to the crash. Prosecutors had opposed the request, noting a defendant is not immune from criminal liability even if the victim has been negligent.
It was that December ruling which drew several comments from the family members of the victims Monday.
For example, Hector Gonzalez, the husband of one victim and father of another, objected to the concept that Ahmed could be exonerated because Saldana had a small amount of drugs in his system.
But Judge John Zakowski noted that Ahmed remains innocent until proven guilty, and that the defense is allowed to present the information to the jury for consideration.
Several family members also objected Monday to the potential use of autopsy photos.
District Attorney David Lasee said the state did not plan to use them at trial, but brought them up while explaining it was complying with its responsibility to turn over all evidence in the case.
Defense attorney Marc Gottreich said it was highly unlikely the defense would want to use the photos.
Judge Zakowski said photos, including autopsy photos, are considered evidence, but he would only allow their use if deemed relevant. To this point, no requests to use them have been made.
Ahmed remains in custody on a $100,000 cash bond.
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