MIAMI (WSVN) - Defense attorneys for the prominent real estate developer accused of causing a deadly boating accident in 2022 are making their case in court, as his criminal trial enters its seventh day.
Tuesday morning, the defense for George Pino presented their first witnesses, one day after the state rested their case.
One of them, Claudia Portocarrera, was on board the boat involved in the Labor Day weekend crash that claimed the life of 17-year-old Lucy Fernandez. The witness described what she saw and heard in the immediate aftermath of the incident.
“I just remember opening my eyes after the impact and seeing, like, a lot of white, and the first thing I saw when I opened my eyes was Georgem and I thought he was dead,” said Portocarrera as she held back tears. “I saw a lot of blood rushing, and then my friends were telling m that I had to get out of the boat.”
Tuesday afternoon, a good Samaritan provided his account in court about bringing Fernandez from the crash site to the dock.
Defense attorneys also called on navigational expert Paul Alber to expand on the circumstances surrounding the crash, one day after he testified for the prosecution and presented a reenactment video.
The defense argues the crash happened at 6:38 p.m. but the reenactment took place at 9 a.m., making a difference in what was visible.
Alber had recreated what he believes happened leading up to the crash near Boca Chita Key that killed Fernandez.
The teen was one of the 14 passengers on Pino’s 29-foot Robalo celebrating his daughter’s birthday.
Prosecutors argue the defendant had a clear view of the channel marker before the crash, but his defense team argued that high tide played a role in what they called a tragic accident.
GPS data shows that about nine seconds before the impact, Pino hit a speed of 47 miles an hour on his vessel and hit the marker on the left side of the channel.
In court Monday, an attorney for Pino asked Alber about the high tide.
“That marker to the operator’s view is going to look lower when it’s high tide?” asked a defense lawyer.
“A little bit, yes,” said Alber.
“On Sept. 4, 2022, at 6:37 p.m., it was high tide, wasn’t it?” asked the defense lawyer.
“It was close to high tide, I believe, yes,” said Alber.
“The entire event, until we were here in this courtroom today, you assumed that the accident happened at low tide?” said the defense attorney.
“I didn’t make any assumptions because I didn’t consider that the minor difference in a foot or two of water level to play a factor in the collision,” said Alber.
In court Tuesday, the defense continues to ask Alber about his recreation of the crash.
“So, on the day of the recreation, the high tide didn’t get quite as high as it did on the day of the [crash], correct?” said a defense attorney.
“Yes … 14 inches instead of 18 inches,” said Alber.
Before court wrapped up for the day on Monday, Dr. David Garavan, a forensic pathologist, testified about Fernandez’s cause of death. Members of her family became emotional as they heard the testimony.
“The cause of death in this case was determined to be drowning. I would agree with that, I would have used slightly different language, complications of drowning,” said Garavan.
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