CLEARFIELD — The family of a Mahaffey grandmother and her granddaughter held hands and openly wept as a jury found a Patton woman guilty of killing the two in a car crash on her way home from a methadone clinic.
Bobbi Jo Morgan, 23, simply flinched in Clearfield County Judge Paul Cherry’s courtroom when the jury foreman read the first verdict, for driving under the influence. Morgan remained motionless for verdicts on the remaining eight counts.
The six-man, six-woman jury deliberated for about 90 minutes Wednesday before finding her guilty of all nine counts.
Morgan was charged in October with DUI and two counts each of homicide by vehicle while driving under the influence, aggravated assault by vehicle while driving under the influence, homicide by vehicle and involuntary manslaughter.
She was on her way home from treatment for heroin addiction at a Clearfield methadone clinic on July 25 when her vehicle drifted off the roadway and struck and killed Bertha Kitchen, 63, and Samantha Kitchen, 3.
Therapeutic concentrations of methadone and Valium were found in Morgan’s blood sample taken five hours after the wreck, testified Matthew McMullin, a forensic toxicologist from NMS Labs of Willow Grove in suburban Philadelphia.
Morgan’s attorney, Brian Manchester of Bellefonte, argued that his client had built up a tolerance to methadone after undergoing 20 months of treatment for heroin addiction.
But McMullin said that while studies indicate people on long-term meth-adone maintenance programs who are not taking other drugs or alcohol can drive without impairment, that’s not the case when Valium is added.
“It gives a super-high,” McMullin said. “There are studies that show that when Valium is taken with meth-adone, it amplifies the high from the methadone and increases the impairment.
“It’s not a good idea to put those two drugs together.”
Cpl. Douglas Miko, the investigating officer from the state police barracks in Punxsutawney, said Morgan told him that she swerved to miss a tractor-trailer, cut the wheel too sharply, lost control, started hitting objects and closed her eyes.
Morgan told the trooper she was unaware that she had hit the Kitchens, who were walking along the berm, away from the white fog line.
Miko testified that Morgan was slow and lethargic and had glassy eyes.
Manchester, who did not call any additional witnesses to the stand once the prosecution rested its case, urged the jury to acquit his client.
“This is a very unfortunate circumstance,” Manchester said. “I’m arguing that she swerved to avoid a truck in her lane, she lost control, went off the road, and that’s why we’re here. I’m arguing it’s not a crime.”
He added that the prosecution was using the victims to play off jurors’ emotions.
“This case is about facts and law, and whether (Morgan’s) actions were criminal or not,” Manchester said. “(It is) not about emotions or sympathy for the people who passed away. This is not an intentional crime. She didn’t mean to do this.”
Clearfield County District Attorney William Shaw Jr. told the jury that witnesses and experts indicated that Morgan was driving her blue sedan recklessly while impaired.
“She closed her eyes, and that, I remind you, is reckless,” Shaw said.
“She traveled 180 feet from the point of impact before she hit the brakes.
“She had a much more delayed reaction time ... It took her up to 4 seconds to hit those brakes.”
Members of the Kitchen family,as well as neighbors and friends, remained outside the courtroom as the jury deliberated.
After the trial, Shaw said that while he fully expects Morgan to appeal, he thought it was a fair verdict.
“This was a troubling case,” he said.
“It’s an example of the havoc that heroin is wreaking on society.
“The family of the victims is happy with the outcome.”
Richard Kitchen said life for his family has not been the same since his mother and niece were killed. His mother lived with him and helped him raise his 10-year-old son.
“I thought the verdict was good,” Kitchen said, his eyes still red from crying as the verdict was read. “I am hoping (Morgan) gets a long prison term.”
Shaw said sentencing is expected in about 90 days.
Morgan will remain incarcerated in Clearfield County Jail, where she has been housed since charges were filed in October.
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