Woman wants charge of killing twin in cliff crash dismissed - InfoNews

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Woman wants charge of killing twin in cliff crash dismissed

File - In this Nov. 18, 2016 file photo, Alexandria Duval walks into Albany County Court in Albany, N.Y. The attorney defending a woman accused of deliberately driving off a Maui, Hawaii cliff and killing her identical twin says prosecutors misled a grand jury that indicted her. A defense motion seeks to dismiss the indictment charging Alexandria Duval with murder. The motion says a Maui detective gave incorrect testimony about what an eyewitness saw. (AP Photo/Mike Groll, File)
November 24, 2017 - 6:40 AM

HONOLULU - A murder charge against a woman accused of deliberately driving off a cliff in Hawaii and killing her identical twin sister should be dismissed because prosecutors misled the grand jury that indicted her, a defence attorney said.

Authorities described the 2016 crash as a hair-pulling fight over the steering wheel. The sisters were seen arguing on the narrow, winding Hana Highway on the island of Maui before their SUV plunged 200 feet over a cliff.

Anastasia Duval was in the passenger seat and was killed, and her sister Alexandria Duval was arrested. A judge later ordered Alexandria Duval released after finding no probable cause for a murder charge. She travelled to upstate New York and was arrested again months later in Albany after a grand jury indicted her.

Birney Bervar, Alexandria Duval's defence attorney, filed a motion last week seeking to dismiss the charge, and a hearing is scheduled for Tuesday. A prosecutor says it will be up to a jury to decide on the evidence.

The defence motion says a witness to the crash did not testify before the grand jury, instead a detective took the stand to describe what that person saw. The witness had told police he saw the passenger pulling the driver's hair with both hands and heard yelling.

The detective testified incorrectly that the witness said the passenger was no longer pulling the driver's hair when they went over the edge, the defence said. The witness, who the defence interviewed, said the fighting and hair-pulling continued until he lost sight of the SUV as it drove past him and off the cliff, according to the motion.

Autopsy results showed that "long, loose blond hairs" were found on both of Anastasia Duval's hands, the motion said.

The defence attorney also said an officer provided inaccurate testimony that data from the SUV showed Alexandria Duval didn't brake before the crash.

An accident reconstruction expert hired by the defence said data from the air-bag control module showed she "most probably did not push and hold the throttle to the floor and make a hard left towards the wall as stated in the grand jury testimony," according to the motion. "It is probable that having the drivers' head pulled firmly to the right from the pulling of her hair could have caused some erratic driving."

Deputy Prosecuting Attorney Emlyn Higa said in response to the motion that the hair-pulling had no effect on Alexandria Duval's ability to drive the SUV safely and didn't contribute to going over the cliff. The conflict between the experts for the prosecution and defence is what a jury trial is meant to resolve, Higa said.

"This case is clearly a tragic accident," said Bervar, the defence attorney. "My client is devastated by the loss of her sister. It's not intentional murder by any means."

The sisters, born Alison and Ann Dadow in the Utica, New York, area, operated popular yoga studios in Florida before they changed their names. They moved to Hawaii in 2015 from Utah.

News from © The Associated Press, 2017
The Associated Press

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