PLATTSBURGH —
In secretly recorded phone conversations, Josh Bombardier vaguely discussed key details of an accident that killed three people, including whether he was behind the wheel.
At the time, the 19-year-old was unaware that his conversations with fellow crash survivor Kyle Bushey were being taped by police.
The February 2009 crash claimed the lives of three Ellenburg residents: Veronica LeClair; her son, Stephen M. Foster, 15; and her stepson, Travis L. LeClair, 15.
Initially, authorities believed Mrs. LeClair had been driving her Mustang on Route 11 when it crashed, but Bushey later came forward with claims that Bombardier was actually driving.
Bombardier has consistently denied those accusations.
RECORDINGS PLAYED
The recordings, played in court Tuesday during his second day of trial, suggested that he possibly remembered more than he told police.
In the tapes, which were made with Bushey's permission and recorded on several occasions in spring 2009, Bombardier talked about the accident, saying he didn't remember much, but he also never denied driving.
Both Bombardier and Bushey, who suffered a serious head injury in the crash, initially told police they didn't remember what happened that day.
But Bushey testified that after weeks of recovery, his memories slowly returned and implicated his friend.
In portions of the tape, Bombardier maintained he wasn't "going to tell them (the police) anything" and suggested that Bushey do the same.
"Tell them, as far as you know, she (Veronica) was driving ... Tell them I was sitting next to you (in the back seat)," he said.
"Just say you don't know," Bombardier said as he seemed to try to comfort Bushey from the stress of the investigation.
Posing a series of questions that police hoped would lead to a confession, Bushey told Bombardier, "I don't know how you lost control."
"Me either," Bombardier responded.
"Are you ever going to tell the cops?" Bushey asked.
"No," Bombardier said.
"I'm the only one who knows you were driving," Bushey told him, to which Bombardier responded, "I know."
DENIED STATEMENTS
Assistant District Attorney Doug Collyer introduced the tapes as evidence during the testimony of State Police Investigator Brian Sypek, who was lead investigator on the case.
During later interviews with Bombardier, Sypek testified, the teen "stated that he did not make those (taped) statements," not knowing that they were recorded.
Sypek said Bombardier claimed that he only told Bushey "to tell the truth."
NO PHYSICAL EVIDENCE
Defense attorney Tina Soloski, who asserted to jurors that Mrs. LeClair was the one driving, later questioned Sypek about the tapes and his encounters with Bombardier, pointing out that the teen was cooperative during the investigation and truthful in the descriptions he gave of the day's events.
She has suggested that Bushey only came forward saying that her client was the driver to support a civil lawsuit, an assertion the prosecution says isn't true.
Soloski also pointed out that no physical evidence places Bombardier behind the wheel.
She asked Sypek whether Bombardier's taped discussions amount to a confession, to which the veteran investigator said they did not.
That's why, Sypek said, police wanted Bushey to continue making the recorded tapes, but the 18-year-old later stopped cooperating.
Portions of the recordings were interrupted by noise and poor cell service, and Soloski noted that police don't know whether Bombardier's side of the conversation was disrupted or clearly understood by the teen.
The police investigation focused on who was driving the speeding vehicle since all five occupants were ejected from the car when it flipped off the road several times.
No forensic evidence, such as DNA or fibers, placed any of the occupants behind the wheel, Sypek testified Tuesday.
After presenting a CVPH Medical Center surgeon, who described Bushey's injuries as "very serious" and who said she smelled alcohol on the teens, the prosecution rested its case.
DEFENSE CASE
Soloski then called a single witness — a friend of both survivors — who said he saw Mrs. LeClair driving the car when it left her home with its roof up.
While driving it out of the driveway, Corey St. John testified, "She got out of the car, fiddled with something and jumped back in (the driver's seat)."
He maintained that it was she who drove.
Collyer later pointed out that St. John has a close friendship with Bombardier and that he apparently lied to police when he previously described overhearing Bombardier tell Bushey to "just tell the truth."
After hearing the recordings in court, St. John admitted that statement was never said.
"So some of the things you've testified to are wrong then," Collyer asked.
"Yeah, apparently," St. John responded.
Collyer also noted that St. John initially lied about not drinking with the group of teens before the accident. The teen has a criminal record, including a recent conviction for criminal contempt, the ADA noted.
The defense rested its case after St. John's testimony.
Bombardier did not take the stand, and closing arguments are expected this morning.
E-mail Andrea VanValkenburg at: avanvalkenburg@pressrepublican.com
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