The former senator still denies he was driving at the time of the crash.
By: Linda Seida
WEST AMWELL During former Sen. Robert Torricelli’s court date last week for a minor traffic violation, the courtroom held more reporters, photographers and cameramen than people actually involved with the case.
More than a dozen members of the media were present for testimony, which was heard within the West Amwell municipal building. Because of the influx of media, Judge Richard P. Cushing earlier had moved the case out of the smaller courtroom he presides over in Lambertville, where police allege Mr. Torricelli left the scene of an accident Aug. 29.
After approximately three hours of testimony, Judge Cushing decided to continue proceedings Jan. 6 because of other cases waiting for him and his staff back in Lambertville.
Mr. Torricelli claims he was not even driving his Jeep when it struck a vehicle owned by Edward O’Leary, proprietor of the Main Street Market. His ex-wife, Susan Holloway, was behind the wheel when the accident occurred, he said. He has claimed police singled him out because of who he is.
During testimony, Lambertville Police Officer Kenneth Housman denied the allegation. Officer Housman said he ticketed the former senator based only on his investigation of the accident.
An eyewitness, Kenneth Nanni of Lambertville, a contractor for 34 years, testified he saw a woman seated in the passenger side of the Jeep, and a man was driving. Mr. Nanni, a general contractor who was standing on a porch on an adjacent lot when the accident occurred, said the Jeep’s window was open.
Mr. Torricelli disputed Mr. Nanni’s claim that the Jeep’s window was open. He testified his tinted windows were closed because the air conditioner was running while he waited for Ms. Holloway to finish shopping in the market, and Mr. Nanni couldn’t have seen inside to see who was driving.
Mr. Torricelli also testified that while Ms. Holloway was inside the market, he crossed over the console from the driver’s side and sat in the passenger seat to begin reading for an upcoming stockbroker’s exam. He said he remained in the passenger’s seat, and Ms. Holloway took the wheel when she emerged from the market. It was Ms. Holloway who backed up and hit Mr. O’Leary’s car, Mr. Torricelli said. Neither he nor Ms. Holloway believed any damage occurred because of the slow rate of speed they were traveling, and so they left, he testified.
At the start of the proceedings Mr. Torricelli’s attorney, Jeffrey Weinstein, objected to moving the case to West Amwell only because of the media’s attention. He later objected to delaying the remaining testimony when Judge Cushing noted court would have to stop because it was approaching 5 p.m.
One of the main witnesses, Ms. Holloway, would find it difficult to return because of her busy schedule, Mr. Weinstein argued. Ms. Holloway travels frequently on business and works for former President Bill Clinton, the attorney said.
Judge Cushing offered to continue proceedings on two different December dates, neither of which suited Ms. Holloway’s schedule.
"I won’t be here," she said.
Before floating the date of Jan. 6, Judge Cushing said, "This is not uncommon. Cases carry over all the time. All witnesses, no matter who they are, have a duty to return."
The judge also defended his decision to halt the case to allow himself and his staff to return to other cases waiting to be heard that evening in Lambertville’s City Hall.
"Those people have a right to have their day in court, too," Judge Cushing said, "even though they don’t have a lot of money and power."
Judge Cushing was less than receptive to Mr. Torricelli’s attempts to editorialize during the relatively brief time he was on the witness stand before testimony was halted for the day.
At one point Mr. Torricelli commented on the fact his insurance company had paid out more than $700 for damages his Jeep caused to Mr. O’Leary’s vehicle, even though he contends Mr. O’Leary was in violation by parking on the sidewalk.
"That’s why we have high rates," Mr. Torricelli said.
Mr. O’Leary and Mr. Nanni both testified Mr. O’Leary had not parked on the sidewalk, disputing Mr. Torricelli’s claim. Police did not ticket Mr. O’Leary.
After several run-on comments from the former senator, including attempts to inject a description of how he felt "incredulous" when Officer Housman showed up at his Delaware Township home and ticketed him but not Mr. O’Leary, Judge Cushing cautioned the former senator to stop injecting personal comments into his testimony and to give facts only.
"You’re very well represented by counsel," Judge Cushing said. "You don’t need to make speeches. I won’t permit it."
At one point, when another speech from Mr. Torricelli seemed imminent, the judge discreetly rolled his eyes.