Potent Energy Drinks Cited in Vehicular Manslaughter Trial

By RACHEL SILBERSTEIN

The alleged drunk driver accused of killing a Brooklyn Yeshiva teacher in 2010 had been guzzling Four Loko alcoholic energy drinks before the crash, as portrayed by a Brooklyn prosecutor in her summation on Tuesday.

Assistant DA Gayle Dampf displayed to the jury two empty cans of the controversial beverage, which contains the alcohol level of four beers. according to the FTC, and has been blamed for many teen deaths.

Defendant Anel Kolenovic, 23, looked drawn and puffy-eyed as the prosecution and defense bickered over how the jury should interpret the toxicology report, which placed Kolenovic’s blood alcohol level just over the legal limit of .08 percent at the time of the crash.

“It’s just not valid science, and the way it was presented in this case was in error,” said defense attorney Todd Greenberg of the report in his summation to the jury.

Kolenovic’s blood, free run 3.0 v4 femmes drawn an hour after he plowed into the victim Moshe Berkowitz’s vehicle at the intersection of Ocean Avenue and Avenue N, at 70 miles per hour, on Nov. 29, 2010, showed a BAC level of .069 percent. According to forensics, between .015 or .02 percent was to be added for each hour that passed, bringing Kolenovic’s alcohol level to either .084 or .089 at the time of the crash.

Greenberg criticized the “reverse extrapolation” method, accusing the lab of rounding up to the nearest hundredth and implying that forensic expert Dr. William J. Closson lied under oath.

Greenberg also suggested the deceased drove through a red light in order to catch up to his friends, disputing testimony that Kolenovic had run through the light.

Dampf scoffed at Goldman’s attempt to discredit the toxicology report, using powerpoint slides to add up the numbers.

Dampf also reviewed the testimony of Kolenovic’s passengers, Chaya Sarah Gulman and Vicky Shmailow, who said that he ignored their screams to slow down. The passengers, who both sustained injuries, testified that Kolenovic was drunk and belligerent before leaving his apartment  and had been drag-racing against his cousin Alan with the windows down at the time of the crash.

“He’s arrogant, he’s reckless,” said Dampf. “These girls are screaming for him to slow down and what does he say? ‘shut up, I got this.’”

She cited police reports of Kolenovic’s slurred speech, free run 3.0 v5 femmes droopy eyes and erratic behavior at the scene of the crime as further evidence of his intoxication

“This was Russian roulette,” Dampf fumed. “Unfortunately it wasn’t his life that paid, this time it was Moshe Berkowitz’s.”

Kolenovic watched stone-faced as the prosecution rolled photos and video footage of the wreckage on a projector screen for the jury, which show him disposing of a black bag from the trunk of his car as the ambulances arrived. Dampf said that Kolenovic was trying to dump the remaining alcohol and flee the scene.

The courtroom was filled with friends and relatives of the victim, who was described in testimony as a devout Yeshiva teacher who spent his days studying and teaching  the Torah. He had taken a break from studying to go bowling with friends that night and on the way home, he was crushed by the impact of Kolenovic’s car.

“No prayer could have saved him that night,” said Kampf. “At that speed, Moshe didn’t stand a chance.”

Kolenovic is charged with aggravated vehicular assault, aggravated vehicular homicide, criminally negligent homicide, assault in the second and third degrees, reckless endangerment in the second degree, vehicular manslaughter in the second degree, vehicular assault in the second degree, manslaughter in the second degree and driving while intoxicated. He faces up to 25 years in prison.