NEWPORT — Lynn Patschke covered her face with her hands Thursday when she heard the verdict.

        Ms. Patschke, of West Chester Township, and the rest of a crowded courtroom listened to Campbell Circuit Judge Leonard Kopowski pronounce 32-year-old Brian Brunen not guilty of three counts of second-degree manslaughter in connection with a 1999 boat collision on the Ohio River that killed three people.

One of the boats involved in the collision is towed out of the Ohio River by a Cincinnati Fire Division crew after the nighttime crash on Aug. 16, 1999. (Enquirer file photo) | ZOOM |

        Ms. Patschke's sister and brother-in-law, Pamela Barnes Martini and Scott Martini, were killed in the collision.

        Mr. Brunen was convicted of a misdemeanor count of operating a boat under the influence in connection with the deaths of the Martinis, of Dearborn County, Ind., and Ken Middendorf of Cleves. Mr. Brunen will pay a $250 fine, the maximum allowed under Kentucky law.

        After the jury left the courtroom, Ms. Patschke, 31, was angry at the judicial system that she thought betrayed her family.

        “It's not fair by any means,” she said. “Three people still died, and there's no one held accountable. The people that have died have paid their ultimate price.”

        Melissa Perleberg, 35, of Cedar Grove, Ind., is Mr. Middendorf's sister. She thought Mr. Brunen would be convicted of all charges.

        “It stuns me, it astonishes me,” she said of the verdict. “I think 12 people who didn't see the events happen and didn't live through it, I think they made a careless and hasty decision.”

        Mr. Brunen, of Hyde Park, will not serve any jail time. He was also acquitted of two assault charges.

        Testimony conflicted as to what caused the two-boat accident about 11:30 p.m. Aug. 16, 1999, near the Watertown marina in Dayton, as boats were leaving a rock concert at Riverbend.

        The prosecutor, Assistant Commonwealth Attorney Bob Monfort, relied on the testimony of Kentucky Water Patrol Officer Doug Bryant, who conducted the original investigation. In his testimony Monday, Mr. Bryant said both boats were traveling about 35 mph when the Brunen boat struck the Middendorf boat from the rear, did a 360-degree turn and struck it again in the side.

        The defense countered with testimony from John Deck, an expert in naval architecture and boating accident reconstruction who has testified about boating accidents around the country. Mr. Deck said there was no way to determine what caused the wreck.

        As he walked out with head bowed, Mr. Brunen did not comment on the verdict. His attorney, Patrick Hanley, said his client was sorry for what happened.

        “He shares in the sympathy for the families in this terrible tragedy, but is very obviously very happy that the jury was able to base the verdict on testimony and not the emotions involved in the case.”

        Mr. Brunen's brother, Lance Brunen, said Brian did not talk much to him about the case.

        “He really felt that it wasn't his fault, the things that happened that night, and we just went with that,” Lance Brunen said.

        Mr. Middendorf's widow, Kim, Brian Brunen and Nicole Purvis, a passenger in Mr. Brunen's boat, were injured.

        Jim Barnes, the father of Mrs. Martini and Ms. Patschke, said what happened to his family will happen to someone else.

        “So all we can do is hope that some good will come of this,” he said. “Right now it's all bad for me and my family, but we'll get past it. We're a strong family.”

        The eight-woman, four-man jury left the courtroom after the verdict and was unavailable for comment. It spent six hours over Wednesday and Thursday deliberating the case.

        Mr. Monfort said Mr. Brunen had faced up to 20 years in prison. In instructions Judge Kopowski gave Wednesday, jurors were allowed to consider the lesser charge of reckless homicide instead of manslaughter.

        “I know I did my best,” Mr. Monfort said. “I did a professional job.”

        “The only thing I can say is, (Mr. Brunen) got what he paid for; he paid for a good defense, and he got one, it was excellent,” Mr. Barnes said. “I don't want to blame the county, but by the same token the Commonwealth of Kentucky was represented by the County of Campbell, and I just don't think that they did everything they could do.”

        Mr. Bryant accepted the verdict.

        “I'm just seeing things we could have done better,” he said. “We missed a real good opportunity to send a message.”

        Mr. Brunen's attorney, Mr. Hanley, is a lawyer in private practice in Covington.

        Ms. Patschke said Mr. Brunen received the equivalent of a speeding ticket, but she hopes Mr. Brunen thinks about what happened the rest of his life and faces a higher power.

        “I don't know how he can sleep at night,” she said. “I hope he doesn't.”

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