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Metrolink defense focuses on rock

Attorneys believe it has markings of tire tread, showing Juan Manuel Alvarez tried to drive off tracks.

May 20, 2008|By Jeremy Oberstein
(Page 2 of 2)

During opening statements, Brougham told the court that Alvarez set his parking brake before the crash, intending to fortify his SUV on the tracks before it was struck.

“I’m not saying the parking brake wasn’t set, but given the forces of the impact, there’s no way to tell,” said accident reconstruction expert Merkel Weiss, holding the mangled and charred parking brake recovered from the scene.

Weiss went on to tell jurors that it was unlikely that Alvarez would be able to reverse off the tracks, saying, “Momentum is a key factor in an auto collision. When it [the Jeep] got over the rail, it used up its movement. Once it got two wheels over the rail, it could never get out.”

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The reversal issue is a central issue of the trial, as defense attorneys contend that Alvarez tried to free his Jeep from the tracks, while the prosecution’s case partly rests on Alvarez’s intent to purposefully use his vehicle as a match to spark what Metrolink officials have called the worst disaster in its history.

Deputy Dist. Atty. John Monaghan is expected to question Weiss today and on Wednesday, defense attorneys plan to call Alvarez to the stand, officials said.


 JEREMY OBERSTEIN covers City Hall and public safety in Burbank. He may be reached at (818) 637-3242 or by e-mail at jeremy.oberstein@latimes.com.

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