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Lawyers Make Drunk & Not Drunk Claims In Josh Brent Trial

(credit: KTVT/KTXA) Andrea Lucia
Andrea joined CBS 11 and TXA 21 in September 2010, one day befo...
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DALLAS (CBS 11 NEWS) – In the first day of his intoxication manslaughter trial, attorneys for Josh Brent countered prosecutors’ arguments that the former Dallas Cowboys player was drunk when he crashed a car, killing friend and teammate Jerry Brown.

Prosecutors played dash-cam video from a squad car showing Brent standing over Brown’s body.

“Is he breathing?” asked Officer Kevin Palms, the first at the scene. “I don’t know? I just jacked him out of there!” replied Brent.

When asked how many drinks he’d had, Brent replied “a reasonable amount” then settled on “less than five.”

Later during a field sobriety test, Brent repeatedly stumbled trying to walk a straight line and wobbled standing on one leg.

Prosecutors told the court Brent can also been seen swaying back and forth, as he’s questioned by an officer. “I think the evidence speaks for itself,” said Dallas County Assistant District Attorney Heath Harris, the lead prosecutor in the case.

Heath called two Irving police officers to the stand.  Both testified they had no doubt Brent was drunk that night.

“Every single police officer testifies the exact same way in every single case.  There’s not a police officer who comes down here and says, ‘Well I have some reservations on this one,’” asserted defense attorney George Milner.

Milner argued that flashing lights at the scene could have affected Brent’s eye movement, his body weight could have caused balance issues, dust released by the airbags could have made his eyes red and watery, and trauma from the crash itself could have impacted his ability to complete the field sobriety test.

Milner also plans to scrutinize reports showing Brent’s blood alcohol level at .18 — more than twice the legal limit. “We’re gonna learn some very disturbing things about how this blood was tested. And some very disturbing things about laboratory practices here in Dallas,” he said.

Prosecutors expect to call several Dallas Cowboys players to the stand Tuesday – all men who were with Brent before the crash.

(©2014 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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