Defense witness blames victim in fatal crash
STROUDSBURG — A Pennsylvania lawmaker killed in a 2008 crash in the Poconos likely veered into the path of an oncoming pickup truck to avoid a minivan that had pulled onto the shoulder ahead of him, a defense expert said Friday.
The collision that killed state Sen. James Rhoades and seriously injured the seven-term lawmaker's wife could not have happened as prosecutors claim it did, said Kevin Theriault, who was hired by the defense for Thomas Senavitis.
Senavitis, 46, is on trial for vehicular homicide, drunken driving and related offenses. Prosecutors allege his pickup truck crossed the center line of state Route 209 and slammed into Rhoades' Cadillac sedan.
That scenario, said Theriault, an accident-reconstruction expert, is "literally impossible."
He said tire marks and gouges on the road surface indicate the crash could not have happened in Rhoades' lane, as a prosecution expert testified. Theriault's analysis put Rhoades' car five feet into Senavitis' lane and the pickup truck 10 inches into Rhoades' lane at the time of impact.
Rhoades and his wife, Mary Edith, of Schuylkill County, were driving to Pleasant Valley High School in Monroe County to pick up an award when the crash occurred about 6:30 p.m. on Oct. 17, 2008. As Rhoades' northbound Cadillac approached a concrete bridge, the driver of a minivan ahead of him pulled over onto the northbound shoulder of the bridge. Anticipating that the minivan would pull back into the lane of travel and cut him off, Rhoades likely swerved around the van and entered the southbound lane, Theriault said.
On cross examination, Monroe County Assistant District Attorney Colleen Mancuso challenged Theriault's assertion that Rhoades had traveled 70 or 80 feet in the opposing lane and apparently made no effort to get back into his own lane after passing the minivan.
State police Cpl. Doug Shook, an accident-reconstruction expert who testified for prosecutors, told jurors earlier in the trial that Senavitis' truck crossed over into the northbound lane going about 53 mph and slammed into the Cadillac. After impact, the Cadillac spun counterclockwise and struck the minivan. No one in the minivan was hurt.
Shook said Rhoades might have been momentarily distracted by the minivan as he approached it but that the crash happened entirely in his lane.
Senavitis had a blood-alcohol level more than four times the legal limit for driving, according to testimony.
Jurors on Friday also reviewed raw video footage of the scene taken by a TV cameraman minutes after the crash. The footage, subpoenaed by the defense, showed the steaming wreckage and emergency responders tending to Mrs. Rhoades.
The jury is expected to begin deliberating Monday.
