Defense brings witnesses to stand in Zhukovskyy trial

LANCASTER — Coos County Superior Court Judge Peter Bornstein said he expects the defense will wind up its case in the trial of Volodymyr Zhukovskyy on Monday.

Zhukovskyy, 26, of West Springfield, Mass., was operating a Dodge pickup hauling a flatbed trailer west on Route 2 when the truck collided with a group of 15 motorcycles traveling east to Gorham from the Mt. Jefferson View Cabins and Motel shortly after 6 p.m. on June 21, 2019.

Killed in the collision were Albert Mazza of Lee, Michael Ferazzi, of Contoocook, Desma Oakes, of Concord, Aaron Perry, of Farmington, Daniel Pereira, of Riverside, R.I., and Jo-Ann and Edward Corr, of Lakeville, Mass.

Bornstein said because some defense witnesses were not available Friday, it will be a short day for jurors.

He said proceedings will get underway at 10 a.m. and he expects testimony to end early. He said Monday will be a full day. He expects the defense to rest Monday and closing arguments to take place Tuesday.

The defense was scheduled to begin its presentation at 9 a.m. Thursday morning. Instead attorneys for both the defense and prosecution spent most of the day in chambers with Bornstein addressing various issues. The defense got underway late afternoon with two witnesses taking the state.

One defense witness said he was traveling west on Route 2 four or five vehicles behind Zhukovskyy, who was driving a pickup truck hauling a flatbed trailer. He said he did not see the truck repeatedly cross into the eastbound lane or weave out of its lane.

The defense also called N.H. State Police Sgt.Matt Favreau to testify how he got the call about the accident and took control of the scene. Favreau said he called a “Signal 1,000,” which removes non-priority traffic from police communication dispatch lines. He said after hearing there had been threats made to assault Zhukovskyy, he had him taken from the scene.

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After the state concluded its case Wednesday, Bornstein granted the defense’s motion to dismiss eight of the 23 charges against Zhukovskyy. All of the dismissed charges alleged he was intoxicated or under the influence at the time of the crash that killed seven members of the Jarhead Motorcycle Club on Route 2 in Randolph.

Bornstein rejected the defense’s request to dismiss all charges against Zhukovskyy and ruled the 15 indictments for negligent homicide, manslaughter, and reckless operation could stand.

The prosecution played a tape in which Zhukovskyy admitted to snorting two bags of heroin followed by half a gram of cocaine before heading out to pick up a vehicle in New York and delivering it to Berlin City Dealerships in Gorham on the day of the crash. He said he did not use any other drugs that day.

In a taped interview shown in court, Zhukovskyy said he felt fine at the time of the accident and was not impaired. The defense noted the blood tests done by the state backed up Zhukovskyy, showing very trace amounts of the drugs in his system. Furthermore, the defense has repeatedly pointed out that none of the police officers and first responders who dealt with Zhukovskyy described him as impaired.

The defense has also stressed in its questioning that the lead motorcyclist, Al Mazza of Lee, tested well over the legal limit for alcohol and has argued his motorcycle crossed the center line into Zhukovskyy’s travel lane.

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