September 21, 2011 in City

Court to hear appeal on fatal crash

Defendant’s lawyer says new trial would violate Constitution
By The Spokesman-Review
 

An appeals court will review a double-jeopardy claim by a Spokane stockbroker accused of killing a woman in a crash two years ago, leading to an indefinite delay in what was to be a November jury trial.

 A jury in February declared Jon Strine not guilty of vehicular homicide, but jury polling revealed that jurors weren’t unanimous and were instead split 6-6, which led to a mistrial.

Spokane County Superior Court Judge Tari Eitzen rejected an argument by Strine’s lawyer, Carl Oreskovich, that Strine cannot be retried because he’s already been declared not guilty.

Oreskovich requested a discretionary review, and an appellate court commissioner ruled this week that “the issue presented involves an important constitutional right and thus appellate review must be immediate to avoid the trial Mr. Strine maintains is barred by the Fifth Amendment’s guarantee,” according to the ruling.

Oreskovich said in an email Tuesday that Strine’s Nov. 14 trial will not proceed.

“In fact, there will not be another trial until the Court of Appeals decides this issue and only in the event that it is decided against Mr. Strine,” Oreskovich wrote.

The appeal likely won’t be heard until April. Deputy Prosecutor Mary Ann Brady was not available for comment late Tuesday.

Strine admits to drinking before the June 2009 crash but disputes a state test that placed his blood-alcohol level at 0.20.

Strine’s car and a motorcycle collided, leaving the motorcycle driver, Gary Keller, paralyzed and killing a passenger on the motorcycle, Keller’s wife, Lorri Keller.

Four comments on this story so far. Add yours!
  • misjustice on September 21 at 7:31 a.m.

    Oreskovich, whenever I read that name I think ‘working hard to get off slime balls…’ and a few other things that I can’t post here or Ruth will jerk my post, IYKWIM (if you know what I mean)…

  • Elkay on September 21 at 10:40 a.m.

    Jon Strine is not a “slime ball”. And I’m glad he has excellent legal defense. This was an awful accident involving alcohol that will impact not only Jon for the rest of his life, but the family of Lorri and Gary Keller.

  • maclrmqb on September 21 at 1:18 p.m.

    He may not be a “slime ball” but he does deserve the punishment for the choices he made that ended in someone losing thier life, paraylizing another and breaking the hearts of so many! The problem with our justice system is that it always leaves someone feeling unjustified in the form of judicial process, time frame, and or method of punishment. There is always more than one family affected in situations like this! It is dishearting that there is not a more swift process to move on from this horrible day in so many lives!!

  • Elkay on September 21 at 3:39 p.m.

    @macirmqb,
    I completely sympathize with the friends and family of the Kellers, and no doubt that Jon Strine will be punished in some way. Knowing him as a totally gentle person, he must still be horrified at what happened.

    Please don’t misunderstand me when I tell you that riding a motorcycle can be very dangerous stuff (and why I gave it up). You are invisible to too many motorists in this town, whether they are sober or impaired.

    Last week, a teenager I know was knocked over on his motorcycle by a hit and run. Was the motorist sober? Or impaired? We’ll never know. But like I said, riding a bike can be quite risky.

You must be logged in to post comments.
Please create a profile or log in here.