Mail Tribune - New trial set in crash case - October 10, 2006

Mail Tribune (Medford, OR — Wayback)

2006-10-10

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http://www.omniture.com --> Sections Home Page Local News AP News Archives Business Classifieds Event Calendar Forums Life Opinion Obituaries Photo Gallery Readers Photo Gallery Sports Tempo Weather Special Coverage 2006 Britt Festivals --> Shop Our Valley AutoFinder HomeFinder JobFinder Search Our Valley Special Sections Homelife Magazine Joy Magazine Readers Choice 2006 Oregon Golf Info Oregon Wine Info Our Valley Other Publications Local Links Ashland News eSouthernOregon Newspapers In Education Personals Moving Here Movie Listings TV Listings Volunteer Customer Service Advertise With Us Media Kit Place Classified Ad Contact Us FAQ's Home Delivery Site Map  --> Email Story to a Friend October 10, 2006 New trial set in crash case Appeals court overturned conviction in deadly accident By SARAH LEMON Mail Tribune A Jacksonville man whose conviction in a 2002 manslaughter case was thrown out by an appeals court will get a new trial in February. The Oregon Court of Appeals in December overturned Edwin Shane Coen's 2003 conviction for killing 58-year-old Burke McNulty Thompson, of Ruch, in an alcohol-related crash on Feb. 13, 2002. The judges ruled that Oregon State Police Trooper Jeff Allison illegally compelled Coen to talk about the crime and to consent to blood and urine tests. After 21„2 years in prison, Coen, 33, was released in January. An initial trial date — on the fourth anniversary of Thompson's death — elicited gasps from his family during a Monday hearing in Jackson County Circuit Court. Thompson's daughter, Rhonda Jones, asked Circuit Court Judge Ray White to set Coen's retrial on any other date. "It's just wrong," Jones said. Attorneys settled on Feb. 6 after consulting with Thompson's widow, Penny Thompson, of Ruch. Advertisement "I just want to get this over with," she said, holding her face in her hands. "He's had so much time," Thompson said, wiping away tears after the hearing. Coen did not appear Monday in court. Eleven of 12 jurors voted to convict Coen of second-degree manslaughter based on evidence that his blood-alcohol level was .25, or more than three times Oregon's legal limit, following the collision on Highway 238 with Burke Thompson's 1968 Ford Mustang. Coen told jurors that he drank 15 Coors Lite beers and continued to drink as he drove home from Applegate Lake before the crash. Appellate judges said that Coen's own testimony about 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. When Allison threatened to arrest Coen if he called an attorney, Coen told the trooper that he "tapered the corner." Previously Coen had said he was sure he hadn't swerved out of his lane. The prosecutor in Coen's 2003 trial urged jurors to rely on Coen's admission that he cut the corner, causing the wreck. The statement never should have been allowed as evidence in Coen's trial and likely led to his conviction, the Court of Appeals ruled. Reach reporter Sarah Lemon at 776-4487, or e-mail [email protected] . Would you like to respond to this story? If so Click Here to visit our forums. Advertisement Copyright © 1997-2006 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback online casinos news Home Security Systems Windermere Van Vleet Men's Clothing Southern Oregon Loans --> GMAT Prep Fundraisers Send Flowers Texas Electric Choice Entertainment Guide --> Casinos Canada Trunks, Footlocker Online Casino Reviews Online poker at AbsolutePoker.com