Newport
Detective Michael McLaughlin said he located two “scrub marks,” or skid-type prints, near the centerline of the roadway, something he said signifies where Kristin Lake’s and Michelle Fenimore’s vehicles first made contact. Knowing that information, he then used other physical evidence at the scene, mathematical equations and a software program to map out the crash and recreate it in an animation.
Police said Lake was impaired, fell asleep and crossed the centerline, creating a “lane intrusion,” and that both Lake and Fenimore swerved just before the collision. The crash killed Fenimore, 20, and her 18-year-old passenger, Nicholas Carpenter, both of Newport.
Lake has pleaded not guilty to negligent homicide-DUI charges. She contends she was not impaired and that Fenimore caused the collision.
Friday marked the fifth day of Lake’s trial in Sullivan County Superior Court in Newport. She faces up to 30 years in prison if convicted.
Defense attorney James Valente took issue with McLaughlin’s account of how the crash occurred, and began to question whether there actually were “scrub marks” on the roadway.
Defense-hired expert Stephen Benanti, who testified earlier this week that Lake never crossed the centerline but Fenimore did, told jurors that he saw no markings other than the distinct “gouge marks” in the northbound lane. Lake was traveling north in a Hyundai Sonata that night, while Fenimore was driving south in a Volvo S80.
Another point of contention on Friday was the topic of Fenimore’s cellphone. The defense contends Fenimore was found with her phone in her hand after the crash; McLaughlin testified that he “was told” that was the case.
Sullivan County Attorney Marc Hathaway, who is prosecuting the case, attempted to paint a picture that there was too much force in the crash for her to keep hold of the phone, but Valente repeatedly objected to Hathaway’s line of questioning to McLaughlin. Judge Brian Tucker ultimately told the jury to disregard the conversation, appearing to side with the defense that the information was speculation.
McLaughlin told jurors that Fenimore received an incoming text at 11:05 p.m. on Sept. 22, 2017, around the time of the crash. He said he couldn’t tell whether she had opened it but that he “could see it” still up on her phone screen. No one knows exactly what time the crash occurred, but the emergency call to dispatch came in around 11:15 p.m.
McLaughlin said Fenimore’s phone was plugged into the center console at the time of the crash. Earlier statements suggested Fenimore had gotten a new phone and was excited to play music on it.
McLaughlin will retake the stand on Monday morning. Tucker told jurors before they left on Friday that they likely would hear closing arguments and get the case on Monday.
Jordan Cuddemi can be reached at jcuddemi@vnews.com or 603-727-3248.