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Pill mixup led to Kennedy "drugged driving" trial - defense

Source: Reuters - Mon, 24 Feb 2014 19:02 GMT
Author: Reuters
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By Victoria Cavaliere

WHITE PLAINS, N.Y. Feb 24 (Reuters) - A Kennedy family member's groggy behavior during her 2012 arrest for sideswiping a tractor trailer in New York was not the result of a criminal act but mistakenly taking a sleeping pill instead of her usual thyroid medication, her lawyers argued at her trial Monday.

Kerry Kennedy, 54, daughter of assassinated Senator Robert F. Kennedy and the ex-wife of New York Governor Andrew Cuomo, has pleaded not guilty to a charge of driving while impaired.

"This case is about a mistake, plain and simple," defense attorney Gerald Lefcourt said in his opening statement in Westchester County Court in White Plains, about 35 miles (56 km) north of New York City.

Lefcourt said it was a regrettable medication mixup that led to Kennedy's arrest for erratically driving her silver Lexus on Interstate 684 near North Castle in Westchester County the morning of July 13, 2012.

Kennedy, who wore a grey dress and jacket and black-rimmed glasses in court, is expected to be on trial for about a week. Her mother, Ethel Kennedy, widow of Senator Kennedy, was also in the courtroom as Lefcourt described Kennedy as a devout Catholic and a devoted humanitarian and mother who would never willfully drive while impaired.

"If she would have realized her mistake and known she was not in the right condition to drive her car that day, she would never have continued on the road," he told the jury.

Kennedy, who is also the niece of assassinated President John F. Kennedy, "is not seeking any advantage here because of her famous family," Lefcourt said. "On the other hand, she should not be punished because of it."

A jury trial is unusual for a relatively minor unclassified misdemeanor. If convicted, Kennedy could face up to a year in prison, but with no prior criminal record, it is unlikely she would serve any time behind bars, court officials said.

A toxicology report taken after Kennedy's arrest showed she had the drug zolpidem, which is sold under the brand name Ambien, in her system. The drug is a slow acting medication to induce sleep and overcome insomnia.

Prosecutors said Kennedy continued to drive her car after realizing she was impaired, endangering herself and other drivers, before running off the road and passing out behind the wheel.

Nobody was injured during the incident.

"It was an ominous and regrettable day for this defendant Kerry Kennedy," said Assistant District Attorney Stefanie DeNise during opening statements. "Still she continued to operate her car in an unsafe manner."

Kennedy drove about five miles while swerving into other lanes of traffic, the grassy median and eventually a tractor trailer, prosecutors told the jury. (Editing by Barbara Goldberg and Grant McCool)

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