A judge has yet to rule on the admissibility of evidence concerning alcohol and a number of wrecks the defense deemed “similar” to a 2004 wreck that left Candice Wilson Bendek disabled and sent Matthew Dunagan to jail.
This won’t be the first time these issues have been discussed and Judge J. Bryant Durham asked for further clarification and legal citations con-
cerning the issues to take into consideration prior to making a decision.
The judge stated he expected to make a decision prior to the new trial, which is scheduled to begin Monday.
Dunagan was convicted in 2006 of reckless driving, serious injury by reckless driving and failure to obey a traffic control device in connection with the Feb. 17, 2004, crash that seriously injured Candice Bendek at the intersection of Burlington Road and Ga. 53.
After the trial, Dunagan appealed on the grounds that a trial judge had excluded information about the safety of the intersection where the wreck occurred.
The Georgia Supreme Court reversed the conviction of Dunagan in May 2008, and the Georgia Court of Appeals vacated its previous judgment that evidence about the safety of the intersection was correctly excluded from testimony when Dunagan was tried in Floyd County Superior Court.
See the complete story from the Rome News Tribune: