Michael Grasing defense begins in fatal Lindenhurst crash case

The defense for a West Babylon man charged with murder in a 2012 drunken driving crash in Lindenhurst began its case Thursday in Riverhead by calling two Suffolk detectives in an attempt to undermine the credibility of the prosecution's most damaging witness.

Michael Grasing, 34, is charged with second-degree murder in the June 24, 2012, death of Brittney Walsh, 18, of Lindenhurst. Grasing is accused of driving recklessly at high speed with a blood-alcohol content of 0.32 percent, four times the legal limit.

Because the murder charge requires the prosecution to prove Grasing acted with depraved indifference to human life, a key witness against him is John Patsalos, who told police officers he warned Grasing to stop driving his silver Nissan in and out of traffic and running red lights or else Grasing would kill someone. Patsalos died several weeks later.

During questioning by defense attorney William Keahon, Det. Frank Tricamo testified that when he took a written statement from Patsalos, he didn't say anything about talking to Grasing.

"He didn't tell you he told my client, 'You've got to get off the road. You're driving crazy. You're going to kill somebody.' He didn't say that, did he?" Keahon asked.

"No, he didn't say that," Tricamo said, adding that Patsalos had been free to add anything he wanted to the statement.

During cross-examination by Assistant District Attorney Laura Newcombe, Tricamo said none of the officers at the scene had told him about Patsalos' account of his confrontation with Grasing.

Patsalos had also told officers he first saw Grasing tear out of a Wendy's parking lot before the crash. Det. Michael Fitzpatrick testified he looked through hours of surveillance video from inside and outside the Wendy's. He told Keahon he didn't see Grasing or his car on any of the video.

He did, however, see a different silver Nissan on the video, about an hour before the crash. Earlier in the trial, another witness testified he saw a silver Nissan leave the parking lot at high speed at about that time.

Also Thursday, defense attorney Jonathan Manley moved to dismiss the charges against Grasing. Such motions are routine in every trial after the prosecution finishes its case, but because drunken driving murder cases have received intense review by appeals courts, both Manley and state Supreme Court Justice Mark Cohen took special care in discussing the issue.

Manley argued there was no evidence Grasing had the necessary state of mind to commit the crime -- in fact, Manley said there's no evidence Grasing was even conscious when he hit Walsh's car.

Cohen declined to dismiss the charges, ruling there was enough evidence for the jury to decide the case.