Hit-and-Run Homicide Conviction Upheld

Appeals Court Rejects Montecito Woman's Claim of Prosecutorial Misconduct

Mon Dec 24, 2007 | 12:00pm
Paul Wellman (file)

The California Court of Appeals rejected arguments that Santa Barbara prosecutor Josh Lynn engaged in prosecutorial misconduct during the vehicular homicide trial of Montecito real estate agent Maureen McDermut, who accidentally killed pedestrian Joseph Cohn while he was taking a nighttime stroll along Hot Springs Road in August 2003.

Likewise, the court found that Judge George Eskin did not err in admitting a simulated photograph prepared by the prosecution to show what the victim may briefly have looked like on the hood of McDermut’s car, as well as video showing the route McDermut may have taken prior to hitting Cohn, who was holding hands with his wife as he was struck.

McDermut was sentenced to one year in jail and had served five months when Eskin cut her loose. Since then, she has faithfully observed all the terms and conditions of her probation.

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