Originally posted by: theoneandonly
They are both working fine now.
Originally posted by: Steve
Originally posted by: theoneandonly
They are both working fine now.
Thanks. I've mirrored the other one here too: http://pics.bbzzdd.com/users/sm8000/richardsmithrj9.jpg
http://www.collegian.psu.edu/a...equests_new_trial.aspxosted on November 27, 2007 12:59 AM
Torsell requests new trial
The lawyer for former Penn State student and convicted drunken driver Anthony Torsell has petitioned the judge for a new trial on grounds that, among 27 other reasons, the victim's presence in the courtroom caused a biased verdict.
Torsell's attorney, Joseph Amendola, also said in his motion to Centre County Judge Thomas Kistler last week that it was never proven that his client's intoxication is what caused the accident, which left Richard Smith, 21, of Conshohocken, dead and critically injured Penn State student Aaron Stidd.
However, a Centre County jury convicted Torsell on Sept. 26 of vehicular homicide and aggravated assault while driving under the influence.
Kistler sentenced him to almost six years in prison on Nov. 13, one week after a sentencing hearing was held to allow the families of both Torsell and the victims to plead their cases.
Amendola is appealing on the grounds that the court should not have permitted Stidd to be present in the courtroom on the first day of trial, describing Stidd as being in "an obviously physically impaired state," sitting in a wheelchair and attended to by medical personnel. His presence, Amendola said, made it "extremely difficult if not impossible," for the jury to deliver an impartial verdict.
Amendola had considered barring Stidd's presence from the courtroom before the trial began, equating Stidd's condition to that of a dead body. However, Kistler allowed Stidd to sit with his family, after polling jury members to make sure they felt comfortable.
Stidd attended only the first day of trial for just a few hours. His parents, Connie and J. Stidd, said it was far too tiring for him to sit through the proceedings.
The appeal motion also states that the court should not have permitted testimony regarding the extent of Stidd's injuries and "his long, arduous and incomplete recovery of serious bodily injuries as a result of the accident."
Amendola never contests, and in fact acknowledged at the beginning of the trial, that Stidd suffered serious injuries as a result of the Oct. 28, 2006 accident.
The court also should not have allowed testimony from those who attended the party with Torsell earlier that evening, Amendola said in court documents. Torsell's acts at the party do not directly link to his state of intoxication at the time of the accident, he said.
Along with a motion for a new trial, Amendola is also asking for a modification of his client's sentencing, arguing that Torsell's clean previous criminal record and community and academic work prior to the accident should lessen his incarceration time.
Centre County Assistant District Attorney Steve Sloane, who is prosecuting the case, could not be reached for comment.
http://www.collegian.psu.edu/a...acts_after_appeal.aspxPosted on November 29, 2007 12:59 AM
Family reacts after appeal
As an appeal filed last week requesting a new vehicular homicide trial awaits a judge's ruling, the victim's father said Tuesday that it is due time for former Penn State student Anthony Torsell to accept responsibility.
J. Stidd, whose son Aaron, a Penn State student, was struck and critically injured by Torsell's vehicle on Oct. 28, 2006, said the jury has rendered its decision, and the judge has imposed a fair sentence.
Last week, Joseph Amendola, Torsell's lawyer, sent a motion to Centre County Judge Thomas Kistler requesting a new trial for his client or a modification of his sentencing, which is currently set at nearly six years for his charges of vehicular homicide and aggravated assault while driving under the influence.
J. Stidd said he does not believe Torsell is "apologetic.
"Even a young man at 21 has to step up and accept punishment," he said.
Amendola said he understands no one wants to go through this process again -- not the Stidds, the Smiths nor the Torsells. The accident left Aaron Stidd in a wheelchair and unable to speak and killed visitor Richard Smith, 21, of Conshohocken.
However, Amendola said he is hopeful an error occurred during the trial's proceeding that will warrant a new trial for his client.
Amendola said he will not know if this is the case until he reviews the trial transcripts, which he said he should be receiving in the near future.
Torsell, who was sentenced on Nov. 13, told Kistler he takes responsibility for his part in the accident, clarifying an earlier statement in which he said he was "partially" at fault for the crash.
Amendola said his client has been in "surprisingly good spirits" while incarcerated.
"He has been reconciled for a long time that he was going to serve a significant prison sentence," Amendola said, adding that Torsell is trying to "move on to show everyone he is a good person."
J. Stidd said he did not hear of the appeal until he was contacted by The Daily Collegian, but for now he said he would be focusing on his son's homecoming, currently set for Saturday.
Construction on an addition to the Stidd house to accommodate Aaron is now 97 percent done, J. Stidd said, adding that they are still waiting for a few supplies, such as a hospital bed.
J. Stidd said Aaron returned home for Thanksgiving on a six-day pass from his rehabilitation center, in which his son's friends came over to watch football and reminisce.
"His brain has trouble telling his body what to do, but he is very astute to his surroundings," J. Stidd said. "He is not out there in left field as Amendola would suggest."
While J. Stidd said his son is "progressing," he is still in need of around-the-clock care and will continue to receive medical treatment and therapy, which may or may not be completely covered by the family's insurance plan.
He added that if he and his wife Connie believe their son requires therapy on top of the doctor's suggestion, then they will have to pay for the additional treatment out of pocket.
"We won't know 'til Friday," he said, at which point the doctor will inform the parents what he has determined to be the appropriate amount of outpatient treatment for Aaron.
Kistler did not sentence Torsell to pay for Stidd's medical bills. However, he did request Torsell pay $27,600 to the Stidd family to customize a handicap-accessible van to accommodate Aaron.
J. Stidd said he has to come up with $6,000 to pay for the vehicle, which he will pick up tomorrow, because Torsell will not begin to pay the restitution until he is out of prison.
Amendola agreed that it was unfortunate that the Stidd and Smith family would not receive their restitution money for years.
"It seems to me that it would make a lot more sense to get someone like Anthony, who is not likely to commit another crime, out of jail sooner than later," he said.
Amendola had proposed his client be allowed work release in order to help the Stidds with their "tremendous" bills.
http://www.collegian.psu.edu/a...took_full_respons.aspxPosted on December 3, 2007 12:54 AM
LETTER TO THE EDITOR
Drunk driver took full responsibility for crime
In response to the letter "Drunk driver shouldn't receive new court trial" Nov. 30, Blair Richard said that Anthony Torsell should take responsibility and serve his time. Yes, I do agree that Torsell should receive jail time but not as much jail time as he was offered.
Yes, he made a mistake while driving under the influence, but can someone tell me how many people drive under the influence? Too many to count.
Can someone tell me how many people make mistakes? Too many to count.
Bringing the victim to the court during the trial, knowing that he was in a physically impaired state, brought out emotions that were not there before Aaron Stidd was seen. The prosecutor knew that bringing the victim in the trial, while he was in the state that he was in, only made the case stronger.
Torsell took responsibility, and he is serving his time, just by living and taking the blame for what he did is taking full responsibility.
He has to live the rest of his life knowing he is a murderer because of the mistake he made.
So before you criticize Anthony Torsell for not taking responsibility just remember that he is a human being just like you and me.
Ashley Wright
freshman-crime, law and justice and English
http://www.collegian.psu.edu/a...ld_not_be_excused.aspxPosted on December 4, 2007 12:54 AM
LETTER TO THE EDITOR
In response to Ashley Wright's letter "Drunken driver took full responsibility for crime" Dec. 3, how is living and taking the blame considered "taking full responsibility?"
Yes, many people drive under the influence, and many people do make mistakes, but does that make it okay? No.
Should we just let everyone in prison out because they simply made a mistake? Basically, no one deserves to be in jail. It was all a mistake. They should be out in the world living their life because, according to Wright, they have already paid their dues by realizing their faults and admitting it. Where is the justice?
Every mistake has its consequence, and this is Anthony Torsell's responsibility. He had a minimal sentence for involuntary manslaughter. He killed Richard Smith and critically injured Aaron Stidd. If anything, Torsell's sentence was not long enough.
Do not criticize Torsell? How about stop defending him.
Richard Smith, 21, should be living today. He, too, could have been a human being like you and me.
Dorothy Chan
freshman-marketing
Originally posted by: moshquerade
http://www.collegian.psu.edu/a...took_full_respons.aspxPosted on December 3, 2007 12:54 AM
LETTER TO THE EDITOR
Drunk driver took full responsibility for crime
In response to the letter "Drunk driver shouldn't receive new court trial" Nov. 30, Blair Richard said that Anthony Torsell should take responsibility and serve his time. Yes, I do agree that Torsell should receive jail time but not as much jail time as he was offered.
Yes, he made a mistake while driving under the influence, but can someone tell me how many people drive under the influence? Too many to count.
Can someone tell me how many people make mistakes? Too many to count.
Bringing the victim to the court during the trial, knowing that he was in a physically impaired state, brought out emotions that were not there before Aaron Stidd was seen. The prosecutor knew that bringing the victim in the trial, while he was in the state that he was in, only made the case stronger.
Torsell took responsibility, and he is serving his time, just by living and taking the blame for what he did is taking full responsibility.
He has to live the rest of his life knowing he is a murderer because of the mistake he made.
So before you criticize Anthony Torsell for not taking responsibility just remember that he is a human being just like you and me.
Ashley Wright
freshman-crime, law and justice and English
__________________________________________________________________
http://www.collegian.psu.edu/a...ld_not_be_excused.aspxPosted on December 4, 2007 12:54 AM
LETTER TO THE EDITOR
In response to Ashley Wright's letter "Drunken driver took full responsibility for crime" Dec. 3, how is living and taking the blame considered "taking full responsibility?"
Yes, many people drive under the influence, and many people do make mistakes, but does that make it okay? No.
Should we just let everyone in prison out because they simply made a mistake? Basically, no one deserves to be in jail. It was all a mistake. They should be out in the world living their life because, according to Wright, they have already paid their dues by realizing their faults and admitting it. Where is the justice?
Every mistake has its consequence, and this is Anthony Torsell's responsibility. He had a minimal sentence for involuntary manslaughter. He killed Richard Smith and critically injured Aaron Stidd. If anything, Torsell's sentence was not long enough.
Do not criticize Torsell? How about stop defending him.
Richard Smith, 21, should be living today. He, too, could have been a human being like you and me.
Dorothy Chan
freshman-marketing
Originally posted by: moshquerade
http://www.centredaily.com/new...news/story/254629.htmlWednesday, Nov. 07, 2007
Hearing on Torsell sentencing begins
A hearing is underway to allow the family of a man convicted of killing one man and injuring another while driving drunk, and the family and friends of his victims, to tell a county judge what they think he should consider when deciding on a sentence.
The courtroom was filled to capacity ? even the jury box was used to provide seating ? for the hearing being held by Judge Thomas King Kistler a week before he scheduled to sentence Anthony Torsell, of Bellefonte, on charges of homicide by vehicle while DUI and aggravated assault while DUI.
The sentence on the homicide charge could range from a minimum of 3 to 6 years to a maximum of five to 10 years.
Torsell entered the courtroom surrounded by family and friends. Also present were J. and Connie Stidd, parents of Aaron Stidd, who suffered permanent brain injury in the crash. It was not immediately known if representatives of the family of Richard Smith, of Conshohocken, were present. Smith died as a result of the crash.
For updates, check back at CentreDaily.com or see tomorrow's Centre Daily Times.
To refresh your memory, here are a couple of pics I found online of acemcmac, sorry they are so small. They aren't on pics.bbzzdd.com anymore.
one
two
"I understand fully what I have done and I take responsibility for my part, " he said yesterday. At a hearing last week, Torsell said he was "partially" at fault, and he "got caught up in a college binge drinking society."
Amendola agreed that it was unfortunate that the Stidd and Smith family would not receive their restitution money for years.
"It seems to me that it would make a lot more sense to get someone like Anthony, who is not likely to commit another crime, out of jail sooner than later," he said.
Amendola had proposed his client be allowed work release in order to help the Stidds with their "tremendous" bills.
And I can tell you that if I'd done something like this, well, something my mom said comes to mind: If I do anything that legitimately lands me in jail, don't bother wasting my phonecall on her.Originally posted by: TehMac
Yeah, this sounds really shitty. Sounds like some rich kid can't deal with his consequences. boy oh boy, I'd kick his ass. I'd rather sterilize myself than have any of my kids doing something so reckless and fucking irresponsible. I'd beat that kid into submission, and then sue his daddy for raising a shitty kid. We'll see who gets out then.
Not likely to commit another crime? I'll give it one year after he's free, he'll get another DUI. Within one year, he'll be at it again. His Facebook profile showed that he thinks drinking and driving is a hilarious joke, and his "partially responsible" comment shows that he doesn't really accept responsibility for what he did."It seems to me that it would make a lot more sense to get someone like Anthony, who is not likely to commit another crime, out of jail sooner than later," Amendola said.
I'll propose that his client's life be indebted to the Stidd and Smith families, at least until all of their expenses are paid, or maybe 20 years, whichever is longer.Amendola had proposed his client be allowed work release in order to help the Stidds with their "tremendous" bills.
Thank you for bumping this up. Take care man.Originally posted by: DNvCross
Originally posted by: moshquerade
http://www.centredaily.com/new...news/story/254629.htmlWednesday, Nov. 07, 2007
Hearing on Torsell sentencing begins
A hearing is underway to allow the family of a man convicted of killing one man and injuring another while driving drunk, and the family and friends of his victims, to tell a county judge what they think he should consider when deciding on a sentence.
The courtroom was filled to capacity ? even the jury box was used to provide seating ? for the hearing being held by Judge Thomas King Kistler a week before he scheduled to sentence Anthony Torsell, of Bellefonte, on charges of homicide by vehicle while DUI and aggravated assault while DUI.
The sentence on the homicide charge could range from a minimum of 3 to 6 years to a maximum of five to 10 years.
Torsell entered the courtroom surrounded by family and friends. Also present were J. and Connie Stidd, parents of Aaron Stidd, who suffered permanent brain injury in the crash. It was not immediately known if representatives of the family of Richard Smith, of Conshohocken, were present. Smith died as a result of the crash.
For updates, check back at CentreDaily.com or see tomorrow's Centre Daily Times.
To refresh your memory, here are a couple of pics I found online of acemcmac, sorry they are so small. They aren't on pics.bbzzdd.com anymore.
one
two
You all probably don't remember me. Rick was my best friend through Highschool and College. I, and the rest of his friends and family, think of Rick every day, often times multiple times a day.
It has only been within the past few months that I've been able to think about this whole situation without feeling sick to my stomach, that when I think of rick I smile again.
While I do not advocate the "destroying" of another life in the case of Anthony Torsell, I do feel that without a harsh sentence, closure will never be brought to Rick's family, nor will Torsell learn. In reading some of the articles posted here in this thread, I find myself angered that Torsell continues to duck and weave, trying to get past his sentence. I know that if Rick or I had been in his situation, we would not be fighting our sentence, nor using bogus arguments (such as Stidd being present at the trial) to try and escape punishment.
Thank you all again for honoring Rick as he deserves to be honored. I, and everyone who knew him, appreciate it.
http://www.centredaily.com/news/local/story/369945.htmlThursday, Jan. 31, 2008
Attorney: Facts were misleading during Torsell trial
By Sara Ganim
- sganim@centredaily.com
The attorney for a Bellefonte man convicted in September of driving drunk when he struck two pedestrians, killing one, said his client deserves a new trial because the prosecutor intentionally misrepresented facts to jurors during closing arguments.
While 21-year-old Anthony Torsell?s attorney argued that the intoxication of the pedestrians was to blame for the crash, Assistant District Attorney Steve Sloane told jurors that, in this case, it was Torsell?s intoxication that caused the crash.
Sloane told jurors that not all drunken drivers are prosecuted to same extent as Torsell.
?Of course I am not asking you to, merely because he?s drunk and behind the wheel, to find him guilty,? he said in closing arguments. ?That?s what DUI is for.?
The jury found Torsell guilty of aggravated assault by vehicle while DUI, homicide by vehicle while DUI and other DUI-related charges in the Oct. 28, 2006, crash that killed Rick Smith, of Conshohocken, and crippled Aaron Stidd, of Huntingdon.
In making his argument, Sloane cited a case that occurred Dec. 2, 2006, in which Katherine Applegate, 24, of State College, struck a Penn State student who stumbled out of a State College apartment building and walked into the path of her vehicle. Applegate had a blood alcohol level of .20, and Michael Drauch had a blood alcohol level of .24, police said.
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Sloane told the jurors that he decided not to prosecute Applegate on charges similar to those filed against Torsell because an accident reconstructionist concluded that Drauch?s intoxication played a significant role in the crash.
At the time, wrote Torsell?s attorney, Joseph Amendola, ?neither the defendant nor his attorney were aware that the Commonwealth had in fact charged Ms. Applegate with aggravated assault while DUI.?
The charge was thrown out by a district judge after a preliminary hearing, and ?the Commonwealth indicated its intention to refile that charge,? Amendola wrote.
Sloane knew the facts because he had prosecuted Applegate at the preliminary hearing, Amendola continued.
Centre County District Attorney Michael Madeira said Wednesday that he thinks Sloane?s comments were within legal bounds. Yes, police initially charged Applegate with felony aggravated assault by vehicle while DUI, Madeira said, but at that time, the accident reconstruction report had not been completed.
After the district judge threw out the assault charge, Madeira reviewed the investigation, including the accident reconstruction, and determined that the charge was not appropriate and should not be refiled, he said.
Sloane, at trial, told jurors ?It was tough; we had to say she?s drunk, she is stone-cold drunk and she?s coming around that corner faster than she should and this boy is ruined for life. The families are looking to me to wear the white hat and help them, but we had to be fair. He stepped right into the path of that car ...
?His intoxication and him stepping straight into the street was so substantial that we?re not ? we?re starting to not look at the drunk-driving because that was overriding. It?s a hard thing to do and we do it all the time. We try to make the right decisions like you?re going to do. This isn?t a case like that.?
Sloane could not be reached for comment Wednesday.
Because the jury deliberated for six hours, requested instructions on causation at least twice, and about halfway through deliberations told the judge they were deadlocked, Amendola wrote that the information about the Applegate case ?may well have played a pivotal part in the jurors? ultimate decision to find the (d)efendant guilty ...?
The only remedy, Amendola wrote, is for presiding Judge Thomas King Kistler to grant Torsell?s request for a new trial. A hearing on this, and other post-sentence motions in the case is scheduled for 9 a.m. Friday in Courtroom 1.
http://www.collegian.psu.edu/a...rt_swayed_by_bias.aspxPosted on February 4, 2008 12:59 AM
Torsell: Court swayed by bias
At a hearing Friday, defense attorney Joseph Amendola said wheelchair-bound DUI-crash victim Aaron Stidd "almost bumping into jurors" while exiting the courtroom should warrant a new trial for the man who struck him.
Former Penn State student Anthony Torsell, 21, was found guilty of drunkenly driving the car that fatally struck Richard Smith, 21, a visitor to State College, and critically injured former student Stidd, 21, at 2:30 a.m. Oct. 28, 2006, as they crossed Atherton Street at Beaver Avenue.
Amendola said he "took a lot of heat" for objecting to Stidd's presence in the courtroom the first day of Torsell's trial, equating Stidd's condition to that of a "dead body."
"I felt compassion," Amendola said Friday. "You'd have to be a totally cold-hearted person to not have compassion."
On Sept. 26, 2007, a Centre County jury convicted Torsell of vehicular homicide and aggravated assault while driving under the influence, and Centre County Judge Thomas Kistler sentenced him to nearly six years in prison.
"[Stidd's] family wanted him to have his day in court as well," Centre County Assistant District Attorney Steve Sloane said.
Keith McClellan, a Torsell family friend who was in the courtroom the first day of the trial, testified that he noticed the jury members' "furtive glances" toward Stidd as he was wheeled from the courtroom about 10 feet from the closest juror.
"I noticed that Aaron Stidd had been wheeled to the front. There were a number of people milling around him," McClellan said.
Referring to the accident as "a murder that didn't happen," Sloane said he believes the jury was burdened more with sympathy for Torsell, adding that in Stidd's hour in the courtroom, he "looked surprisingly well, relative to what he had been through."
Sloane also cited a note signed unanimously by jurors, asking Kistler to be lenient with Torsell's sentencing.
Amendola also cited Sloane's comments about the case of Katherine Applegate, who is charged with striking Michael Drauch, a then 18-year-old freshman, with her car while driving with a blood-alcohol content of .208.
Police said Drauch, who registered a blood-alcohol content of .24 at the time of the accident, stumbled into the street in front of the Meridian Apartment complex, 646 E. College Ave., in December 2006 just before being hit.
Unlike Torsell, Applegate's aggravated assault charges were dismissed at a preliminary hearing and not refiled by Sloane because a police reconstruction showed the pedestrian's drunkenness played a major role in the accident, according to court documents.
Amendola said the information Sloane presented at the Torsell trial about the Applegate case may have played a role in the jury's decision to find the defendant guilty.
Kistler gave the lawyers two weeks to file briefs before he makes a decision regarding a new trial.
http://www.collegian.psu.edu/a...trial_request_sho.aspxPosted on February 4, 2008 12:52 AM
LETTER TO THE EDITOR
As I read the article about the possibility of a new trial for Anthony Torsell ("Torsell asks for new trial," Feb. 1), I wondered to myself: What happened to common sense? What happened to facing up to your mistakes and taking responsibility for your actions? Wasn't it part of Torsell's upbringing in his home, school and church to learn that when we do something wrong we must face the consequences?
There is no doubt that Torsell killed one and severely hurt another while driving under the influence of alcohol.
Maybe the only way he can live with that is to blame the victims, but I would encourage the people who are close to him to spend more time trying to get him to take responsibility for what he did rather than trying to get him out of it. Maybe, if he accepts the consequences now, he will be able to someday go on with his life and try to make amends to the families whose lives will never be the same because of his actions.
Of course, we do live in a world that rewards irresponsible people like that woman who won a large sum of money for spilling hot coffee on her lap. But, come on, to drive while drunk and then blame the victims instead of yourself? I just shake my head and wonder: What happened to decency, responsibility and, yes, common sense.
Jane McConnell
Edinboro
Originally posted by: TehMac
So what's happening? Is that slimy little shit still trying to weevil his bitchy ass out of it?
I'm half tempted to fly to wherever that little asshat lives and beat the shit out of him.
A victim attends a trial quite relevant to him, and they say it's like having a dead body there? For what, sympathy? What next, should rape victims not be allowed to attend their own trials because they might influence the jury?Amendola said he "took a lot of heat" for objecting to Stidd's presence in the courtroom the first day of Torsell's trial, equating Stidd's condition to that of a "dead body."
Sure, Stidd might have looked "surprisingly well." Good that he's doing well. Hopefully the jury doesn't forget that the other person involved is dead.Referring to the accident as "a murder that didn't happen," Sloane said he believes the jury was burdened more with sympathy for Torsell, adding that in Stidd's hour in the courtroom, he "looked surprisingly well, relative to what he had been through."
Which makes me wonder if they're the sort of wealthy folk who believe that they're entitled to everything, that it's not only their god-given right to have lots of money, but also their god-given right to have no responsibility for any wrongdoing.Originally posted by: moshquerade
Looks like his lawyer is claiming the victims were intoxicated and totally to blame for the accident. Also, that the victim who is 1/2 alive, Aaron Stidd, being in the courtroom swayed the jurors.
asshat. :|
He's doing his job for the Torsell family though. They must have the $$$$$$ to pay him.
What were the BA levels of the victims? I can't see how that would even matter when you take into consideration Torsell's ridiculous levels, as well as greater responsibility of operating a vehicle. Hence, assuming that there is no way the victims were even close to Torsell's BA levels, why the hell are they even comparing it to the Applegate case? It's apples to oranges. Unless they can prove that the victims, without a shadow of a doubt, jumped out in front of the car (any accident reconstruction specialist can do this) suddenly, then it should be cut and dried that Torsell should be in prison. Amazing how screwed up our legal system is to be dragging out this case over nonsensical BS. :|Originally posted by: moshquerade
Originally posted by: TehMac
So what's happening? Is that slimy little shit still trying to weevil his bitchy ass out of it?
I'm half tempted to fly to wherever that little asshat lives and beat the shit out of him.
Looks like his lawyer is claiming the victims were intoxicated and totally to blame for the accident. Also, that the victim who is 1/2 alive, Aaron Stidd, being in the courtroom swayed the jurors.
asshat. :|
He's doing his job for the Torcell family though. They must have the $$$$$$ to pay him.