Two Girl Scouts hurt in an October 2022 Kansas Turnpike crash that killed three other Girl Scouts won't have to testify at next week's trial for a driver charged three counts of involuntary manslaughter.
The prosecution and defense have agreed to instead arrange for past videotaped interviews of Carrington Peery and Gabriella Ponomarez to be shown at Amber Peery's trial, said Will Manly, Shawnee County assistant district attorney.
Court records show both were subpoenaed last month to testify at the trial, which begins at 9 a.m. Monday in Shawnee County District Court in Topeka.
Having them testify would have been traumatic for the girls, who both start school next Tuesday, said Vanessa Riebli, one of Amber Peery's defense attorneys.
Carrington is the daughter of Amber Peery, who faces charges that include three counts of involuntary manslaughter linked to the deaths of Laila El Azri Ennassari and Kylie Lunn, both 9, and Brooklyn Peery 8.
Brooklyn was also Amber Peery's daughter.
Amber Peery and her two other passengers — Carrington, then 5, and Gabriella, then 9 — suffered injuries but survived.
Defendant's husband among witnesses subpoenaed
District Court Judge Jessica Heinen, who is presiding, requested 85 jurors to report for the jury selection process in next week's trial, said Lea Welch, administrator for Shawnee County District Court.
Witnesses subpoenaed to appear include her husband, Andrew Peery.
Amber Peery filed last August for divorce from Andrew Peery, with the case currently pending, Shawnee County District Court records say.
Does the driver of the semi-trailer involved have to testify?
The driver of a semi-trailer involved in the crash won't have to testify in person.
Heinen agreed July 8 to enable Amber Peery's attorneys to conduct a deposition to receive out-of-court testimony from Robert Russell, 72, of Huntsville, Alabama. Testimony taken at depositions may be used later in court.
Court records indicate Russell's deposition was taken late last month in Huntsville.
Russell isn't able to travel and couldn't testify at Peery's trial in Topeka because he suffers from prostate cancer, which has metastasized to his bones, he said while appearing by Zoom at a pretrial hearing last month.
The trial is expected to last five days.
Why did prosecutors oppose having cameras in court?
Heinen rejected requests from The Capital-Journal and a Topeka TV station to have cameras in the courtroom for Peery's trial. The Capital-Journal was notified by email on July 30 that its request was denied. No reasons were given.
The Capital-Journal was the only media outlet with a reporter at Friday's hearing.
The defense and prosecution had objected to having cameras in court.
Deputy district attorney Lauren Amrein stressed in a court document filed June 26 that the case would involve "two testifying witnesses who are minor children as well as evidence of three deceased children."
Some of the evidence would be graphic, Amrein added.
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"It is inappropriate for the media to take videos and photos of a minor whether that minor is alive or deceased," she wrote. "It is also inappropriate for the media to publish the child’s full name whether that child is alive or deceased."
Amrein wrote that if cameras were allowed in the courtroom, the result would be: "A huge distraction for the parties to stop and alert the Court or the media that evidence involving a child is about to be presented. It will distract the jury from the central issues of the trial if constant breaks are being taken to have the media turn off the camera or to be told that there is specific evidence about to be presented that they cannot photograph."
What happened in the crash?
Testimony at Peery's Nov. 30 preliminary hearing showed she was part of a caravan of three drivers en route to a Girl Scout event in Tonganoxie when they started southbound on the Kansas Turnpike from its south Topeka interchange.
Two drivers realized they were going the wrong way and turned around, making U-turns through an opening in a Turnpike barrier wall between the highway's northbound and southbound lanes, testimony indicated.
One driver said at that hearing that she encouraged Peery by cell phone to also find a place to turn around. No off-ramps exist between the South Topeka interchange and the Turnpike's Admire interchange, 30 miles to the southwest.
Video shown at Peery's preliminary hearing indicated she tried to make a U-turn from the right southbound lane through the southbound Turnpike's left lane to go through an opening in the barrier wall, but her SUV was struck on its driver's side rear quarter panel area by a semi-trailer driven by Russell.
Russell testified at Amber Peery’s preliminary hearing that he had been southbound in the right lane when he saw Peery’s van ahead of him on the right shoulder, and he responded by moving to the left southbound lane.
Forward-looking video taken from inside Russell’s truck showed that Peery turned from the right southbound lane and not the right shoulder, and that she turned on her left blinker before turning, her attorneys said at her preliminary hearing.
Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.
