A state appeals court has ordered a new trial for Kenneth Glasco, 49, formerly of Irvington, on the charge of endangering an injured victim
Kenneth Glasco NEWARK -- Due to limits placed on a witness's testimony, a state appeals court on Thursday ordered a new trial for a man convicted of crashing his car into a bicyclist in 2011 and leaving the scene of the accident.
The appellate panel upheld Kenneth Glasco's conviction on the charge of leaving the scene of an accident, but the panel vacated his conviction and ordered a new trial on the charge of endangering an injured victim.
A jury convicted Glasco of those charges in 2013, and he was later sentenced to a seven-year prison term on each charge to be served concurrently. Glasco, 49, formerly of Irvington, will be eligible for parole in May.
The bicyclist, Carl Russell, suffered "'a severe traumatic brain injury,' and ultimately never regained his ability to walk," according to the appellate decision.
The ruling for a new trial is based on the nature of the endangering charge and testimony about which direction the Russell was traveling at the time of the Aug. 3, 2011 crash.
Under that charge, the state had to prove Glasco "knowingly caused the injury" to Russell, the decision states.
Glasco testified Russell was riding "the wrong way" on a one-way street when the crash occurred, the decision states. In a police report, Irvington Police Officer Daniel Peton, who had responded to the accident scene, also said Russell was traveling the wrong way, the decision states.
During Peton's testimony at the trial, Glasco's attorney attempted to elicit the officer's opinion about Russell's direction of travel, the decision states. The state objected to that line of questioning, saying it called for the opinion of a qualified reconstruction expert, the decision states.
Superior Court Judge Michael L. Ravin agreed with the state's objection and said Peton could not testify about the direction of travel, because he had not been called as an expert witness, the decision states.
But the appeals court found that Peton's "personal observations of the accident scene qualified him to render an opinion as to the point of impact and Russell's direction of travel at that spot."
If Peton had been allowed to testify that Russell was traveling in the wrong direction, the officer would have corroborated Glasco's version and could have altered the jury's finding on whether Glasco caused the accident and should be convicted of the endangering charge, according to the appellate decision.
"As noted, Peton's opinion testimony arguably would have had the effect of bolstering defendant's credibility," the decision states.
"This in turn stood to increase the likelihood that a jury might find that defendant was not aware that it was practically certain that his conduct would cause Russell's injuries."
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The accident occurred about 1 a.m. while Glasco was driving on Chapman Place near the intesection of Elmwood Avenue in Irvington, the decision states. Glasco testified "he then felt a 'jolt' and saw 'the bike going up over [his] windshield,'" the decision states.
Glasco said he stopped the car, but did not get out because he was in a high-crime area, and then drove to his home in Newark, the decision states. Glasco said he did not immediately call the police to report the accident because he did not have his cell phone with him, the decision states.
But Glasco's front license plate fell off in the crash and was later recovered at the scene by Irvington police, the decision states. Police used the license plate to identify Glasco as the vehicle's owner, and then responded to his home, the decision states.
When a police officer came to the home, Glasco's mother answered the door and then asked Glasco why the police were there, the decision states. Glasco told her that "he struck someone on Elmwood Avenue," the decision states.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.
