Nestande jury shown graphic evidence

AUSTIN (KXAN) - Emotions could be seen and heard in the courtroom as crime scene video was played for the jury at Gabrielle Nestande’s intoxication manslaughter trial.

The video was very graphic, showing Courtney Griffin’s body and a significant amount of blood which prompted family members and friends to leave the courtroom while others audibly sobbed.

Gabrielle Nestande, like many others, spent much of the time looking down into her hand.

Detective Michael McCarter, the investigating officer who shot the video, testified that he did not see any skid marks on the 35mph stretch of Exposition Boulevard where the accident happened.

Broken branches from a bush in the nearby driveway led McCarter to testify that the impact knocked Griffin through the bush and into the driveway while her shoe and shards of headlight glass were found in the driveway.

After documenting the crime scene, McCarter was directed to Nestande's boyfriend's house where her BMW was parked.

William Marchbanks seemed confused why an officer was questioning him according to McCarter who went on to say Marchbanks was not forthcoming with answers.

McCarter testified that Marchbanks could not answer questions about important details that he should have remembered.

Police interview with Nestande

A videotaped interview that took place inside Representative Wayne Christian's office between Nestande and Detective Michael McCarter was shown to the jury.

The interview happened after McCarter met with Marchbanks.

 

---

Read the transcript of the videotaped interview.

Read the transcript of the jail phone call.

 

---

Nestande starts the interview by talking about her background and how she got into politics. She even made a few lighthearted laughs when discussing Rick Perry and whether or not he would run for president.

But a few moments later, Nestande's demeanor takes a sad turn as she tells McCarter she has been told not to talk to anyone until she has a lawyer.

McCarter testified he felt he had probable cause to arrest Nestande for Failure to Stop and Render Aid the second she admitted to driving the black BMW.

He did not feel he had probably cause for Driving While Intoxicated at the time of the interview.

Transportation code requires that a pedestrian make use of a sidewalk if one is available or they could be written a ticket. McCarter testified he believes Griffin was walking in the bike lane along Exposition Boulevard, a road that does have a sidewalk on the opposite side of the street.

However, he also testified that drivers must stay in their lane and be aware of and take steps to avoid hitting pedestrians.

Medical Examiner says Griffin hit from behind

Travis County Medical Examiner David Dolinak went through the long list of injuries suffered by Griffin that included several skull fractures.

Nestande sat doubled-over with her head on her hands as the autopsy pictures were shown before the courtroom. The sobbing was again audible from those who did not choose to leave the courtroom.

Dolinak said based on Griffin's injuries and damage done to the BMW, he believes Griffin was hit from behind and would have been knocked unconscious almost immediately.

Another friend says Nestande was drunk

A day after the prosecution produced potentially pivotal phone calls, statements, and surveillance video, another witness testified that Gabrielle Nestande appeared drunk just hours before the accident that killed Courtney Griffin.

McStephen Dadzie said Friday that took a shot with Nestande and her boyfriend at the Clive Bar the night of the accident and testified that Nestande looked drunk based on “overall coordination.” Griffin, 30, was found dead in a driveway in the Tarrytown section of Austin on the morning of May, 27, 2011.

Nestande is not normally a loud person according to Dadzie, but he recalled that the pitch in her voice was louder than anyone else in the bar.

The next day, Dadzie received a text message telling him about the accident and Nestande’s arrest, something that left him in shock and disbelief.

When asked if it occurred to him to call police, he said it did not at the time because they were just trying to get more information.

Prosecutors asked him if we would call police if given the opportunity again.

“Yeah, probably,” said Dadzie.

When defense attorney Sam Bassett was given the chance to cross-examine Dadzie, he immediately questioned him about inconsistent answers Dadzie gave in different interviews regarding how many drinks he claimed to have had that night.

Under cross-examination, Dadzie acknowledged that Nestande was wearing high heels that night, which may have played a part in her balance.

You can follow live tweets from the courtroom on Chris Sadeghi's Twitter feed