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.