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Truck driver may get new trial in crash that killed 2

By ABBIE VANSICKLE
Published March 24, 2006

A Hardee County judge will allow lawyers to present evidence that could lead to a new trial for a commercial truck driver in prison for the deaths of two women in a 2001 traffic crash.

Jean Claude Meus, a 42-year-old Haitian immigrant, was sentenced in 2005 to 15 years in state prison for vehicular homicide in connection with the deaths of Nona A. Moore and her daughter, Lindsey, both of Wauchula.

The case made headlines in the fall, when Moore's family members, including her sister Dana Christenson, called for his release from prison. She and others believe the collision was an accident.

"It seems to me like a huge mistake was made, and I want it corrected," she said. "(Prosecutors) could just drop it and let him go, and I won't ever say another word."

In a decision filed Wednesday, Circuit Judge Robert Doyel asked Hardee County prosecutors to respond to two claims brought by Meus' current attorney, John Trevena: allegations that Meus' original attorney didn't do a thorough job during the trial and that the lawyer failed to discover favorable eyewitness testimony.

"(I'm) definitely encouraged and enthusiastic that in the end he'll ultimately receive an order granting him a new trial," Trevena said.

The original lawyer on the case, James "Rusty" Franklin, did not return a call for comment.

Prosecutors called the decision a routine and expected part of the legal process.

"Our attorney who handles postconviction matters will look at it," said State Attorney's Office spokesman Chip Thullbery. "We are confident that the attorney was not ineffective. We will examine the record to determine whether the paper record reflects that."

The judge denied Trevena's claim that the jury was biased in reaching its verdict. Meus' case has drawn the attention of Tampa NAACP leaders, who compared it with that of William Thornton IV, a teen sentenced in Citrus County to 30 years in prison for the traffic deaths of a young couple. Both men are black. NAACP leaders questioned the fairness of the sentences, particularly in light of the Jennifer Porter case.

Porter, a white teacher, was sentenced in November to house arrest and probation for leaving the scene of an accident that left two children dead in Tampa.

Prosecutors have 60 days to respond to Doyel's order. At that point, an evidentiary hearing will be set, and both sides will present their findings, Trevena said. The judge will then decide whether to toss out the sentence and order a new trial.

"I would hope the state would see reason in this at some point and concede," Trevena said. "I mean, you have the victim's family saying the sentence was excessive. ... What more does it take?"

[Last modified March 24, 2006, 02:15:43]