43
Jury gets Cortland cop case
BY JORDAN COHEN
WARREN
A jury of six women and two men begins deliberations today on a $2.5 million lawsuit against Jason Smith, a Cortland city police officer whose cruiser struck and killed a 16-year- old girl.
The Cortland Police Department and the city are also named as defendants.
Cassandra Thompson was crossing South High Street at 11:30 p.m. on July 25, 2006, when she was hit by Smith’s cruiser.
Tests later showed that the girl’s body contained levels of OxyContin, Methadone and Valium — none of which was prescribed. Thompson also was not in a crosswalk when the accident occurred.
The victim’s father, William Thompson of Kinsman Township, filed the suit charging that Smith had been unnecessarily speeding at the time.
Smith testified that his speed had been 35 to 45 mph. Because the officer had been responding to a nonemergency police call, Smith said he did not activate his police lights or siren.
Thompson’s attorney, Lee Bell, reminded the jury in his final argument Thursday that two of his witnesses conducted tests showing Smith’s speed at either 59 to 66 mph or 63 to 68 mph.
Bell also told the jury that there was no proof that the narcotics were a factor.
Craig Pelini, Smith’s defense attorney, argued that the level of drugs in the girl’s system significantly impaired her judgment.
The defense attorney also argued that the girl had “darted into the street.” Bell, in his rebuttal, referred to that statement as “crap.”
Pelini questioned the honesty of some witnesses including Ryan Repko, a convicted drug dealer now living in Florida, and Jessica Dawson, a friend of Thompson’s, who originally claimed that Smith’s headlights were turned off when his cruiser struck the victim. Filament testing later proved that the officer’s headlights were on.
Pelini also noted that the highway patrolman who conducted the original investigation was never called to testify. “He was fired for dishonesty,” Pelini said.