Tue, Nov 24 2009
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Vehicular homicide trial resumes today Joseph E. Dodick charged with causing traffic death of Michael Mikulin By DORIS COOK - Staff WriterStar Beacon Michael Mikulin and his brother were traveling south on Myers Road at the time of the crash, and had the right of way, Sartini contended.
Dodick claims his brakes failed that afternoon. He also told OHP troopers he heard a “grinding sound,” as he pushed on the brake pedal. Describing the crash scene, Sartini asserted: “There was no way he could have stopped at the stop sign. He accelerated No. 1, took his foot off the brake (pedal). It was his decision to beat the Mikulin vehicle: a negligent act.” New London Road traffic is controlled by a stop sign. Myers Road is a through street with a 55 mph speed limit. Defense attorney Supler, in her opening remarks, referred to the fatal crash as a “sad tragic story” with no one winning. “It was an accident,” she said, noting there will be different opinions presented by crash reconstruction experts. Supler said testimony will bring out that Dodick’s vehicle had brake problems. She stressed that Dodick was not cited by OHP for speeding or for driving impaired. Dodick was taken to UH-Geneva Medical Center to undergo a blood test for drugs and alcohol, but neither was found in his system, Supler said, referring to OHP reports. “You (the jury) have to decide if Joe was negligent or not, and if criminal conduct occurred,” Supler said. That day, the Mikulin brothers’ parents, Patricia and Paul Mikulin, followed their sons down Myers Road by a few minutes. The parents came upon the crash after it happened. Paul Mikulin testified Wednesday he did not witness the crash. When arriving at the site, Mikulin immediately called 911 for help. The parents also tried to extricate the sons from the vehicle, which had rolled over, but could not. They waited for OHP troopers, Geneva firefighters and ambulance crews to arrive. The sons were trapped. OHP Trooper Jeremy Nellis, who headed the investigation, recounted that firefighters had to cut open the car roof to extricate the victims. Paramedic Timothy Parks was among first on the scene and testified about the rescue team’s work. Parks said emergency crew members worked on Michael Mikulin after he was removed from the wreck but he did not respond. The college student was pronounced dead at the scene by a University Hospital medical-helicopter doctor. Upon cross-examination by Supler, Nellis confirmed Michael Mikulin was not wearing his seat belt. The trooper also testified that Dodick told investigators his vehicle brakes had failed as he approached the intersection. Nellis said after Michael Mikulin died, OHP officials read Dodick his Miranda rights and questioned him further. They transported him to the OHP post in Saybrook Township, but Dodick refused to provide a urine sample to be tested for the presence of drugs or alcohol. Later, he was taken to the hospital in Geneva. Gary Mugavero, a mechanic with Conrad’s Total Car Care in Ashtabula, testified for the prosecution. He tested the Dodick and Mikulin vehicles for OHP. Mugavero said he found that Dodick’s rear drum brakes and right front brake were in good shape. There were problems with the left front brakes, however, Mugavero testified. Both Sartini and Supler repeatedly questioned Mugavero about Dodick’s brakes and the defects he found. 
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