DALLAS (CBSDFW.COM) – Josh Brent headed back to court on Tuesday for the second day of his intoxication manslaughter trial, and some high-profile names could make an appearance on the witness stand.
The former Dallas Cowboys player has been accused of driving drunk in the December 2012 crash that killed his best friend and fellow teammate, Jerry Brown. On the trial’s first day, prosecutors played police dashboard camera video of Brent failing a field sobriety test on the night of that crash.
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Officer Travis Huckabee with the Irving Police Department said that Brent was cooperative at the crash site, but that changed after he was arrested. Huckabee told the courtroom that Brent displayed 17 or 18 clues that police use to determine if a person is intoxicated.
Defense attorney George Milner argued that the severity of the crash — and resulting trauma — affected Brent’s ability to perform that test. “If I knocked somebody’s head into the concreate and said ‘say your alphabet,’ I’d question whether they’d be able to do that,” the attorney said.
Prosecutors said that the evidence speaks for itself, and had two Irving police officers testify that Brent was undoubtedly drunk at the crash site.
Milner claimed that Brent was not drunk on the night of the crash. Police had asked Brent how many drinks he had consumed, and he first said “a reasonable amount” before settling on “less than five.” However, a police report shows that Brent’s blood-alcohol level was more than twice the legal limit.
In an audio recording played during the trial, Brent can be heard objecting and swearing about his mandatory blood draw.
“We’re going to learn some very disturbing things about how this blood was tested,” Milner stated Monday, “and some very disturbing things about laboratory practices here in Dallas.”
Several other Cowboys players were with Brent and Brown on that night, before the crash. They are expected to testify in this case too. Before proceedings began on Tuesday, the prosecutor mentioned Danny McCray and Barry Church as NFL players expected to appear in court.
Judge Robert Burns has since imposed a gag order on the attorneys, warning them to be careful about what is said in this high-profile case.
If convicted of driving drunk and causing Brown’s death, Brent could face up to 20 years in prison.
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