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Oregon Road Conditions & Cams Email Story to a Friend February 20, 2006 Rhonda Jones, left, and Penny Thompson stand by Burke Thompson�s 1966 Ford Mustang coupe that has remained parked since Thompson was killed in a 2002 wreck that destroyed his 1968 convertible mustang. Mail Tribune / Jim Craven OUT ON APPEAL Family of man killed by drunk driver feels betrayed by the justice system By SARAH LEMON Mail Tribune Since Eddie Coen was convicted of driving drunk and killing Penny Thompson’s husband four years ago, she has felt comfortable knowing Coen was behind bars. But recent news shattered that sense of security. Coen, 32, would not only get a new trial, but also would be set free, Thompson’s family, of Ruch, learned late last year. "He needed to be in there to get help," Thompson, 63, said. A self-admitted alcoholic with convictions for drunken driving, Coen told jurors in his 2003 trial that he drank 15 Coors Lite beers on Feb. 13, 2002. He said he continued to drink as he drove home from Applegate Lake along Highway 238, where his pickup collided with Burke Thompson’s 1968 Ford Mustang. Killed at the crash scene, Thompson, 58, had been Coen’s youth group leader in the Mormon Church. "I saw all the sheriffs in Eddie’s room," said Penny Thompson, who was working at Rogue Valley Medical Center the night of the crash. Advertisement "And they put his coat over his head, so I wouldn’t recognize him." Considering Coen’s blood-alcohol level of .25 — more than three times Oregon’s legal limit — 11 of the 12 jurors voted to convict him of second-degree manslaughter and driving under the influence of intoxicants. Coen was sentenced to six years and three months in prison. "Even the time they gave him isn’t enough," said Thompson’s 37-year-old daughter, Rhonda Jones, of Medford. After two and a half years behind bars, Coen was granted a new trial and released on bail in January. The Oregon Court of Appeals reversed Coen’s convictions on the grounds that Oregon State Police Trooper Jeff Allison illegally compelled him to talk about the crime and consent to blood and urine tests. "Mr. Coen’s rights were violated," said Jesse Barton, a Salem defense attorney who argued the appeal. After threatening to arrest Coen if he called an attorney, Allison prompted him to talk about the crash. Although Coen earlier said he was sure he hadn’t swerved out of his lane, this time he told Allison, "He (Thompson) was on that corner; I tapered the corner and, then, ‘bam!’ " Prosecutor Holly Smith urged jurors in 2003 to rely on Coen’s admission that he cut the corner, causing the wreck. The statement, which never should have been allowed as evidence in Coen’s trial, likely led to his conviction, the Court of Appeals ruled. The Oregon Department of Justice has petitioned the court to reconsider. No new trial date has been set. "We’re playing another waiting game again, and while we’re waiting, he (Coen) is still out," Jones said. Both Thompson and Jones say they don’t believe a new trial would have a different outcome. The appeals process is just preventing Thompson’s six children and 14 grandchildren from gaining any closure, they said. "They said this could take up to 2007," Thompson said. "It’s awful, and it’s wrong." "They’re just buying him time," Jones said. Ironically, appellate judges stated that Coen’s own testimony to the number of beers he consumed before the fatal crash was substantially incriminating evidence. Determining guilt, however, was not the court’s task, according to the judges’ written opinion. "I feel like the legal system has let me down," Thompson said. "I don’t think people really realize — until it happens — how it affects families." Reach reporter Sarah Lemon at 776-4487, or e-mail OUT ON APPEAL ">[email protected] . Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2006 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback www.bingo.com Home Security Systems Trunks, Footlocker Custom Build Computers Computer Security Discount Hotel Reservations Casinos Canada dvd-r Generic Viagra Myspace Windermere Van Vleet Deep Muscle Stimulator Sports Equipment Online Casino Reviews Online Bingo Entertainment Guide Online Casino Fundraisers Student Loans Sudoku Online Advertisement s Advertisement