Lawyer: Ex-cop can't get fair trial in teens' deaths Also asks for change in venue

MILFORD -- The lawyer representing Jason Anderson, the former Milford police officer accused of causing the deaths of two teenagers in a 2009 crash, argued that his client can't get a fair trial in Milford and also that the state wants to suppress far too much evidence.

Jury selection hasn't yet begun in the trial which just got under way on Tuesday. This much is clear: Anderson's cruiser collided with the teens' car while he was driving in excess of 90 mph. He was not responding to an emergency at the time, nor were his lights and siren activated. The crash occurred in the early morning hours of June 13, 2009, on Route 1 in Orange at the intersection of Dogwood Road.

The teen's car was driven by David P. Servin, 19. Passenger Ashlie Krakowski, 19, was also killed in the crash; both were from Orange. Anderson has pleaded not guilty to two counts of second-degree manslaughter stemming from the accident.

Anderson's lawyer, Hugh F. Keefe, argued before Superior Court Judge Denise D. Markle that because the case has received most of its media attention in and around Milford, his client could not get a fair trial in a Milford courtroom.

"This case has gotten a huge amount of publicity in the local media," Keefe said, "but I don't think that people in places like Litchfield or New London know anything about this case. And what's the big deal about moving this case an hour's drive away? Connecticut isn't Texas."

He said that jurors are often approached by friends and relatives, who tell them to vote for a guilty verdict.

"Let's be realistic," he said. "They'll be out at a restaurant, and they'll meet someone who will tell them: `This guy is as guilty as hell.' The proximity of the busybodies does indeed play a role in the outcome of a case like this."

Milford Officer Jason Anderson, left, strides into Derby Superior Court accompanied by his lawyer Hugh Keefe for his arraignment on second-degree manslaughter and reckless driving charges in connection with the deaths of two Orange teens on June 13. less Milford Officer Jason Anderson, left, strides into Derby Superior Court accompanied by his lawyer Hugh Keefe for his arraignment on second-degree manslaughter and reckless driving charges in connection with the ... more Photo: Brian A. Pounds Photo: Brian A. Pounds Image 1 of / 12 Caption Close Lawyer: Ex-cop can't get fair trial in teens' deaths 1 / 12 Back to Gallery

Keefe also asked Markle to turn down the prosecution's request that evidence be suppressed from the jury -- evidence indicating that both teenagers were intoxicated at the time of the crash, that they weren't wearing seat belts, and that they may have even been running from the law.

"The fact is, David Servin had three Ziploc bags filled with marijuana in his pocket -- what was he doing with that?" Keefe said, adding that the toxicology report had both teenagers with a blood-alcohol content of 0.14 percent, nearly double the legal limit for an adult.

"If Mr. Servin had lived, Mr. (Kevin D.) Lawlor (the state's prosecutor in the case), would be trying him instead for negligent manslaughter in the death of Miss Krakowski."

Keefe said that he "heard from a reliable source" that Servin was being sought for questioning in connection with an earlier burglary at the time of the crash.

"He was trying to evade police that night?" Keefe asked rhetorically. "And he was driving a car that was registered to Krakowski. Why? We don't know. They were both equally drunk."

Keefe said that "the case is a mosaic," and that the jury is entitled to hear all of the evidence. "The jury will need to hear all of this information in order to reach a fair verdict."

Anderson's trial will resume at 10 a.m. Thursday in Milford Superior Court.

Anderson has pleaded not guilty to two counts of second-degree manslaughter. He has been free on $250,000 bail and in December 2010 rejected the prosecutor's offer to serve eight years in prison.

Post reporter Frank Juliano contributed to this report.

jburgeson@ctpost.com; 203-330-6403; http://twitter.com/johnburgeson