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Weisenberg’s attorney seeks new trial

February 23, 2012

Kaylee Weisenberg

The attorney for the Atascadero woman who crashed into and killed a CHP officer in 2010 filed a motion for a new trial last week. [KSBY]

In August, a jury convicted Kaylee Weisenberg, 23, of second-degree murder and gross vehicular manslaughter while intoxicated.

Weisenberg crashed into and killed CHP Officer Bret Oswald while driving on South River Road on June 27, 2010. The jury concluded that Weisenberg was under the influence of methamphetamine when she crossed a double yellow line and hit Oswald, who was attending to a disabled vehicle.

During the trial, testimony of several witnesses for the defense focused on the Drug Recognition Evaluation (DRE) performed on Weisenberg at Twin Cities Community Hospital in Templeton following the crash. Weisenberg passed the DRE.

Weisenberg’s hearing for a new trial is set in April on the same day she is scheduled to be sentenced.


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fhill…..CHP Officer Oswald would possibly be alive today if he had not been standing in the middle of the road. I know that sounds cold, but it is exactly what my family & I were told by the CHP about a family member who died in the exact manner.


Because my kind cousin tried to help another person stranded, he died. He was standing in the road. His killer was convicted of involuntary vehicular manslaughter. That man spent a lot of time behind bars, and is walking free today. I know where he is, and what he does for a living. We are not friends. In fact, at one time, I wished he was dead. But he made a terrible mistake, plead guilty to the charges, and served his sentence. He has tried to be a good citizen, and I hope that happens. Because that is the way the system is supposed to work.


And, every time I run into the guy who killed my cousin in 1989, I have to remind myself of that fact. I see the guy almost once a month. But the system is supposed to have a set of rules for everyone. The ‘special’ people do not get another set of rules. I respect L.E.O.’s, and have very close friends who are C.H.P. officers, city officers, and sheriffs deputies, along with members of Code Enforcement. But the law should be the same for everyone.


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For the record, my cousin was a battalion chief the Long Beach Fire Department, and was a volunteer for the special Olympics. The person he was trying to help was an 71-yr.old Viet Nam vet. Neither deserved to be injured or die from a reckless drug addict or drunk.


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If Alex Forster with his rich parents and connections isn’t going to be held accountable for his murder why should this person?


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This tweaker no more deserves a re-trial than the man-in-the-moon. She exhibited depraved indifference when she did the meth & got in the car. And, it’s not like this was her first run-in with the friendly folks from traffic enforcement. This time her luck plain ran out…she killed a CHP by accident. While it’s possible that if the victim hadn’t been a cop, the charges wouldn’t have been so great. Tough luck. A woman like Kaylee makes her own luck and hers is so bad that she killed a cop and got Murder 2 instead of 1st degree Manslaughter. Somehow, I don’t think many people will or should have much sympathy for her. I hope the motion is dismissed and she is sentenced. Enough with the stalling….


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She deserves a new trial. If she passed the FST then she was not impaired. A professional toxicologist testified to that fact and even provided scientific evidence that she was not impaired. The DA got the toxicologist who does all the DUI testing for the county and its cities to say otherwise, he didn’t have any scientific evidence, he gave his personal opinion and the jury bought it. This isn’t about what she did, its about who she did it too. I’m convinced that if CHP Oswald had been an average citizen they would not have charged her with 2nd degree murder or DUI but with reckless endangerment resulting in death.


Yes, its a travesty that Oswald died as a result of her reckless driving and she deserves to go to prison for reckless driving but not for murder. With a 2nd degree murder charge she likely will never be released.


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Cindy

“if CHP Oswald had been an average citizen they would not have charged her with 2nd degree murder or DUI but with reckless endangerment resulting in death”


I don’t have a grain of pity for this person, she could have just as easily killed anyone else.

However I agree, you are legally correct, and her attorney or any attorney knows it.

I think a jury trial was a mistake for the type of evidence the defense presented.


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She was convicted by a jury. Who cares if YOU are convinced she would not have been charged with 2nd degree murder because the vicitm was CHP. Your posts are often baseless and liberal. She was convicted by a jury. Just because YOU think they got it wrong does not matter. The jury was presented with the evidence and they made a decision. She used drugs and killed someone. She should pay and is going to because she was convicted. She will be up for parole eventually, and maybe she will learn a valuable lesson that life is short and to not waste it getting high on meth, coke, heroin, weed, etc, etc, etc.


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Give her a new trial when CHP Officer Oswald can attend and testify.


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