DAYTON, Ohio (WDTN) — Closing arguments in the trial of Abby Michaels have come to a close Thursday, June 8, at the Montgomery County Courthouse. Now she awaits the verdict from Judge Steven Dankof.
The defense began Wednesday with the questioning of Dr. Christina Waite, the director of psychiatry at Miami Valley Hospital.
Michaels has pleaded not guilty to six counts of murder and three counts of aggravated vehicular homicide in a St. Patrick’s Day 2019 head-on collision that killed a mother and father and their 10-year-old daughter.
Witnesses reported that Michaels was driving on the wrong side of I-75 when the crash occurred.
It’s day 4 of the Abby Michaels trial here at the Montgomery County Courthouse, and the prosecution is expected to present a rebuttal. (Thread) pic.twitter.com/VcY8wmqNY3
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The prosecution has brought in Dr. Selim Benbadis, a professor of neurology from the University of South Florida. Dr. Benbadis specializes in patients with epilepsy and other seizure disorders.
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Dr. Benbadis stated it is his medical opinion that Michaels was not having a seizure in the moments leading up to the collision.
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Dr. Benbadis told the prosecution that someone in the throes of an epileptic or psychogenic seizure would be unable to send texts or make controlled movements, such as purposefully steering a car.
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The defense is now questioning Dr. Benbadis.
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Benbadis explained that seizures cause chaotic, non-rational movement and that they can be caused by mental health conditions.
Defense: “Could a person who experiences an onset of this psychogenic/ non-epileptic seizure event prior to that have sent a text message that made sense?” Dr. Benbadis: “Prior to that, yes.”
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“Nobody on this earth can say what happened in that vehicle, no one, even God.” – Dr. Benbadis
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The court has gone into recess after both sides have rested their cases. pic.twitter.com/KVR6jQboG7
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“What the lawyers have to say is not evidence, it is argument,” Judge Dankoff said ahead of the closing arguments.
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The prosecution explained that the issue at hand is intent.
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According to the prosecution, Michaels made the turnaround in the only place she could have, and the crash reconstruction showed controlled use of the gas and steering wheel, all while texting that she was dying.
Prosecution: “That evidence proves Abby Michaels guilty of murder, and we ask the court for that verdict”
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“The defense reminds the court that simply because someone says something, regardless of their intention regardless of their status, regardless of their job title, does not mean that the narrative from that statement is true.”
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Defense: “The reality is, there’s plenty of emotion to go around, but the law is not on their side, neither are the facts.”
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“Either he’s a sociopath who didn’t call anyone, or he didn’t believe that this was a reality, that this had happened on purpose,” The defense said of Michael’s former husband.
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“It can’t be both.” The defense is pointing out inconsistencies they say exist in the testimonies given by the prosecution’s witnesses.
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Defense: “There is no controlled turn and the science, not the narrative, the science says that is not true.”
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The defense claimed that the opinions of Dr. Benbadis could not be rendered beyond medical proof of credible doubt.
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Michaels broke into tears as the defense described the effects of the crash and her medical condition. pic.twitter.com/40zs9eMi5Y
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Defense: “We ask the court to find Abby Michaels not guilty on all counts.”
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The prosecution is presenting a follow-up argument, claiming the facts and the witnesses show Michaels was in control over her vehicle at the time of the crash.
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Defense: “In order for her car to record the data that is recorded, controlled actions are necessary.”
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With closing arguments concluded, the court has gone into recess for the day.
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