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Attorney Asks About Eyewitness, 'Unknown Fluid,' and Medical Records in Patterson Crash

The defense attorney for the Royal Oak man charged in the crash involving Oakland County Executive L. Brooks Patterson files motions in Rochester Hills District Court.

A Royal Oak man charged with three misdemeanor counts in an August crash involving Oakland County Executive L. Brooks Patterson was in a Rochester Hills courtroom today for a pre-trial hearing before Judge Lisa Asadoorian.

Anthony Prainito, 31, the driver of the Volkswagen Passat that Patterson's Chrysler 300 crashed into at the intersection of Walton and Opdyke, is charged with three counts of moving violation causing serious impairment of a bodily function in the crash. He pleaded not guilty. 

Prainito’s defense attorney, Joshua Nucian, brought a stack of motions to court today and more may be coming as he awaits responses on Freedom of Information Act requests along with an accident investigator’s inspection of the vehicles involved in the crash and the black box of the Chrysler 300.

Nucian also filed a motion for the Auburn Hills Police to produce a black bag found on the floorboard of the vehicle driven by Patterson's longtime driver James Cram. Of particular interest, Nucian said, is a glass bottle with an unknown fluid that he said was in the black bag. Nucian said he would like to have the fluid tested.

According to an Auburn Hills Police Report on the crash, a black bag containing several items was found on the floor of the driver's seat. Among the items in the bag: an umbrella, cash, keys, glasses and the glass bottle. 

Among Nucian's other motions Tuesday was a request for a bill of particulars advising he and Prainito of the actual offenses being charged, as well as the circumstances surrounding the offenses. The defense attorney said he has not been given a notice of the type of moving violation nor the particulars of any impairment of a bodily function; medical documents on Patterson, Cram and Raymond Recchia (Prainito’s passenger) have been “few and far between,” according to Nucian. 

“Without the status of injuries known, I cannot prepare a defense for my client,” Nucian said.

The defense attorney also filed a motion to compel the discovery of 911 caller identifications on Aug. 10, the date of the crash.

“I do have 911 call audios, I do not have caller IDs,” said Nucian. “On one call there is a gentleman who specifically says, ‘I saw the accident happen on Walton,’ and (the dispatcher) says ‘The accident at Opdyke and Walton?’ He says, ‘Yes,' and they hang up on him.”

Nucian said he wants one of his investigators to interview that person, who he said is perhaps one of the only eyewitnesses to the accident. To date, there have been no eyewitnesses reported by the police, Nucian said.

More motions may come once Nucian has inspections and tests completed and once he receives FOIA requests to obtain text messages from responding officers. 

Prainito will be back in district court at 1:15 p.m. Oct. 25, when Asadoorian will give rulings on today’s motions.

Correction Prainito will be back in court on Oct. 25.

Buddyb September 26, 2012 at 10:37 AM
Good luck buddy, but I think your spinning your wheels. No pun intended
Haulin T Male September 26, 2012 at 12:38 PM
I always like the defense side to an argument ...........hope patch will follow.........
Haulin T Male September 26, 2012 at 12:45 PM
the real thread is on the Rochester page............Now R O patch has taken up this segment of the issue........
l.c. September 26, 2012 at 01:25 PM
no one is above the law-someone was at fault & its well known the black 300 was traveling at 54 mph in a 45 mph zone........maybe the real driver at fault has not been charged yet??? keep asking questions mate.
The Duke of Royal Oak September 26, 2012 at 01:40 PM
HMMMM " a glass bottle." very interesting......
Haulin T Male September 26, 2012 at 08:33 PM
NO we ALL don't know it was doing 54, not by a law enforcement entity, or court of law. The cameras that snap pic's of cars lic. plates, as that car runes a yellow or red light, can be over turn, with so many loop holes. Glass bottle? hmmm means what............. nerve medicine, and oinmenrt, if what I think "the dike" is hmmmming about, most of that Liquid, is now in plastic bottles, especially small bottles enough, to fit in a Black bag, must be a carry all type bag, did not say a work out clothing bag, does it. All it means the def atty is wanting some clarification. Was if cooking oil, some extra virgin oil, beside since no driver was given a drunk driving ticket, the passenger most certainly can carry what ever, as long as it is not open, and on the person same with a gun, I would think, (don't know) since the driver for Brooks, was ex cop, he would have the job cause he has a permit for concealed . Don't plant deception......... let the facts come out, that is why the atty. has done the basics, with motions. I C. remember your statement, the next time I am behind you, see you talking or texting, or putting on lip stick.......... brushing your hair while driving....... or shaving.
The Duke of Royal Oak September 26, 2012 at 08:48 PM
Just saying. Seems the police report should have more details. A "glass bottle" could have been empty too.
Haulin T Male September 27, 2012 at 12:33 AM
Yes they (reports) leave a lot to be desired, considering the amount of time they close a rd. down. I see my cities pd reports every month, hard to under stand, one word descb. the whole call. To get the whole report, technicalities, you have to spend the bucks and file the freedom of info act. cities way to make more money you pay the wages of the PD and clerks, not you pay big bucks to see the real stuff..... in a way it is to keep sanity in the Hood on every little issue. if your interested belly up.

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