Cincinnati.Com
NKY.COM  |  ENQUIRER  |  CIN WEEKLY  |  Classifieds  |  Cars  |  Homes  |  Jobs  |  Help
Currently:
31°F
Clear
Weather | Traffic
The Enquirer
HOME
NEWS
ENTERTAINMENT
SPORTS
REDS
BENGALS
LOCAL GUIDE
MULTIMEDIA
ARCHIVES
SEARCH
 
 TODAY'S ENQUIRER 
 Front Page 
-- Local News 
 Sports 
 Business 
 Editorials 
 Tempo 
 Home Style 
 Travel 
 Health 
 Technology 
 Weather 
 Back Issues 
 Search 
 Subscribe 

 SPORTS 
 Bearcats 
 Bengals 
 High School 
 Reds 
 Xavier 

 VIEWPOINTS 
 Jim Borgman 
 Columnists 
 Readers' views 

 ENTERTAINMENT 
 Movies 
 Dining 
 Horoscopes 
 Lottery Results 
 Local Events 
 Video Games 

 CINCINNATI.COM 
 Giveaways 
 Maps/Directions 
 Send an E-Postcard 
 Coupons 
 Visitor's Guide 

 CLASSIFIEDS 
 Jobs 
 Cars 
 Homes 
 Obituaries 
 General 
 Place an ad 

 HELP 
 Feedback 
 Subscribe 
 Search 
 Newsroom Directory 




 
Thursday, December 28, 2000

Jurors ask for stricter boating laws


Case of fatal wreck on Ohio raised concerns

By Marie McCain
The Cincinnati Enquirer

        Members of a Campbell County jury that acquitted a Hyde Park man of manslaughter and assault charges in a 1999 Ohio River boating accident are asking Kentucky state lawmakers to pass tougher boating-safety laws.

        In an Oct. 27 letter sent to prosecutors, the trial judge and to Kentucky Gov. Paul Patton, jurors contend there is a “woeful lack of legislation and enforcement on this river,” and they want to encourage lawmakers to pass legislation to rectify the “very dangerous situation.”

        “We think boaters need to be licensed and should be made to wear life jackets at all times,” said Barry Adkins of Fort Thomas, one of the 12 jurors and one alternate who signed the letter.

        “People think it's a license to get out there and act crazy,” Mr. Adkins said.

        The letter was drafted by another juror, Rees Storm of Fort Thomas, and given to Kentucky state Sen. Katie Stine, R-Fort Thomas, a neighbor of Mr. Adkins'.

        He said Mrs. Stine delivered the letter to the state's Legislative Research Commission, where he hopes it will spur legislators to act.

        In October, after two days of deliberation, jurors found Brian Brunen, 32, guilty of driving a boat under the influence in the Aug. 16, 1999, collision that killed Pam Barnes Martini, 32; her husband, Scott Martini, 36, of Lawrenceburg, Ind.; and their friend Ken Middendorf, 36, of Cleves. The jury acquitted Mr. Brunen of manslaughter and assault charges because it was unclear who was at fault.

        Prosecutors claimed Mr. Brunen, drunk and speeding, caused the wreck.

        The Martinis and the Middendorfs were thrown from their boat; only Mr. Middendorf's wife, Kim, survived.

        As a result of the jury's ruling, Mr. Brunen was fined a maximum $250 for drunken boating, a misdemeanor in Kentucky.

        “I believe we came to the right conclusion,” said Mr. Adkins. The process “restored my faith in the system. It's not a perfect system, but it's the best thing we have. I'm sure the families wanted what they considered to be justice, but you had to look at Mr. Brunen and really the testimony. ... We just couldn't send him away for something he may not have been totally at fault for.”

        Deliberations were difficult, he said, and jurors were surprised to find the laws on drunken boating lax, limited and unclear.

        Campbell Commonwealth Attorney-elect Jack Porter applauded the jury's action.

        “They're in a unique position ... to understand how the law may have failed,” Mr. Porter said.

        Even though Kentucky regulates much of the Ohio River, lawmakers say it would be difficult to pass sweeping laws that cannot be enforced in other states. A joint effort is needed.

        Ohio state Rep. Rex Damschroder, R-Fremont, said he is sponsoring an Ohio bill to lower the legal limit of intoxication from 0.10 to 0.08, and that the legislation includes a provision for boating.

        The Associated Press contributed to this report.

       



Cold streak approaches record
Some steps to warm up your home
Cold, hard facts about the freeze
Census will revise legislative map
- Jurors ask for stricter boating laws
Olympic funding takes hit
Last of stadium cost overruns OK'd
Bedinghaus proud of tenure
Burn victim healing beyond hopes
Muslims mark culmination of holy month
PULFER: Our lives just as thrilling as Kings Island
Acid, allergy link found
Campaign money targeted
City police criticize curfew center monitoring
Death for Cincinnati killer is upheld
Local Digest
Mayor to discuss audit of Villa Hills
Norwood girl feels health compromised
Party Source is getting bigger
SAMPLES: Plan gives homeless new chance
West Chester to get community TV
Where to recycle your Christmas tree
Awards to celebrate black achievements
Diploma site may be by vote
Lebanon to wrestle with money issues
1st Rupp upgrades: video walls
Car crash kills 6 teens in northeast Ohio
Feds look into massage spa
Fund to remember student

 

Latest Headline News
Updated Every 30 Minutes
AP TOP HEADLINE NEWS

Iraqi Official: 150,000 Civilians Dead

Sen. Allen Concedes Defeat in Virginia

Bush, Pelosi Hold White House Talks

Massive Recall of Acetaminophen Underway

Mubarak Warns Against Hanging Saddam

Bolton Unlikely to Win Senate Approval

AP: Startling Findings in Tillman Probe

Ed Bradley of '60 Minutes' Dies at 65

U.S. Rises in Auto Reliability Ratings

49ers Look to Relocate New Stadium



Cincinnati.Com
Search our site by keyword:  
Search also: News | Jobs | Homes | Cars | Classifieds | Obits | Coupons | Events | Dining
Movies/DVDs | Video Games | Hotels | Golf | Visitor's Guide | Maps/Directions | Yellow Pages

  CINCINNATI.COM  |  NKY.COM  |  ENQUIRER  |  CIN WEEKLY  |  Classifieds  |  Cars  |  Homes  |  Jobs  |  Help


Search | Questions/help | News tips | Letters to the editors | Subscribe
Newspaper advertising | Web advertising | Place a classified | Circulation

Copyright 1995-2007. The Cincinnati Enquirer, a Gannett Co. Inc. newspaper.
Use of this site signifies agreement to terms of service updated 12/19/2002.