Today ended the sage of State of Ohio vs. Brian M. Green. Mr. Green, 28 years old, was indicted on two counts of Aggravated Vehicular Homicide in Columbus arising out of a collision that tragically killed two young women -- Nicollete Hymes and Kristen Pressel. This horrific collision occurred on November 8, 2008.
Clearly, this sentence for two deaths is not commensurate in Ohio with similar cases. Before there is an outcry of the public, it should be noted that this case was highly unusual for three reasons. First, Brian M. Green had already been tried twice - the first resulting in a mistrial and the second resulting in a hopelessly deadlocked jury (11-1 to acquit) just 90 days ago.
The second unique feature of this case is that the State of Ohio did not have evidence beyond a reasonable doubt that Brian M. Green was the driver. There were 3 occupants in the Green vehicle. Since nobody was wearing a seatbelt, placing the three in specific seats in the accident was very difficult.
Thirdly, what was most incredible of developments in this case is that of the 3 occupants in the Green vehicle, one was killed (Ms. Pressel) and the other was Mr. Green's father. Surprisingly, the elder Green alleged that his son was the driver. Mr. Green's father was not charged but did testify against his son.
To avoid a costly and emotionally draining third trial, the State agreed to a plea bargain in order to secure a conviction. Mr. Green did not admit guilt today, but did enter an "Alford Plea" where he maintained his innocence but agreed that the prosecutor's had enough evidence to obtain a conviction. The judge imposed a 5 year prison term thus ending this Franklin County Common Pleas Court drama and personal tragedy.