A mom who lawyers said was distracted by her phone before get into a automobile crash that killed three young cousins was incompetent to stand test because she could not remember the accident in 2013, her lawyer debated in tribunal Wednesday.
Kari Jo Milberg accepted brain damage, barely subsisting the crash, investigates said. Her attorney, Aaron Nelson, said in Wednesday’s hearing that Milberg, 35, had amnesia.
Nelson too claimed attorneys could not support the mummy was browsing her phone’s Facebook app just before the accident, suggesting that it could have been her 11 -year-old daughter Lydia instead. “Who was utilizing the phone? No one in the car can testify as to who was using the phone.
Lydia Milberg’s cousins Laynie Jo Amos and Clara Pavek, both 5, likewise died in the December 2013 clang. The family’s SUV had fluctuated into the path of a truck near Prescott, according to investigators. Kari Jo Milberg’s 3-year-old son was likewise hurt.
The crash provoked a rift in the family. Pavek’s father, Mike, returned a large framed photo of his daughter into the courtroom within the judge’s line of sight, Fox 9 reported . He apparently stormed out after the reviewer ordered him to move the photo.
The judge was set to rule on Milberg’s competency within epoches. Officials had planned her ordeal to start on June 24.
The Associated Press contributed to this report .