Judge OKs widow’s testimony

A judge has ruled the jury will be allowed to hear testimony that an Irvine woman was grieving over her husband’s death and may not have been aware of her actions when she lost control of her car and killed a Costa Mesa woman riding her bike two years ago.

Blood tests showed three prescription drugs in 53-year-old Janene Johns’ system when her Lexus swerved off the road, plowed over a fire hydrant, a parking meter, and into Candace Tift, a 31-year-old Newport Beach elementary school teacher in August 2006, prosecutors said.

Deputy Dist. Atty. Robert Mestman had asked the judge to prevent the jury from learning of Johns’ husband’s death six weeks before the accident — a fact that could spur unfair sympathy from the jury, Mestman said.

Judge Daniel McNerney aimed for a middle ground — he is allowing mention of the husband’s death during the trial but assured Mestman jurors would be reminded not to let it influence their verdict.

The death could play a significant role in Johns’ defense. Psychiatrist Ted Greenzang testified Johns became increasingly unaware of her surroundings after her husband’s death and was not conscious when she struck Tift with her car.

The courts have established a person cannot commit a crime if he or she is not conscious, Mestman said.

Defense attorney Gary Pohlson faces two challenges with this defense, McNerney said.

First off, McNerney is not sure the law recognizes varying degrees of consciousness — the difference between being passed out and doing activities such as walking, eating, driving but being unaware of them — as with sleep walkers.

Second, Greenzang’s opinion on Johns’ mental awareness was “a bit of a moving target,� McNerney said.

The defense would have to focus its claim for jurors that Johns was unconscious — and not simply in a state of diminished mental capacity, which is not a legal defense, Mestman said.

Regardless of how significant the testimony becomes, McNerney ruled Pohlson laid out a sufficiently strong argument to allow Greenzang to present his diagnosis.

Attorneys are expected to make a second round of motions this morning and complete jury selection in the afternoon.

The trial is expected to begin next week, Mestman said.

JOSEPH SERNA may be reached at (714) 966-4619 or at [email protected].