Lawyers scrutinizing and questioning officers in deadly DUI case

FRESNO, Calif. (KFSN) -- A preliminary hearing resumed today for Brokton Bakman.

He's accused of being under the influence of drugs when he struck and killed a pedestrian last year.

His legal team is again scrutinizing and questioning every moment officers spent with him before he was arrested.

Three hired attorneys are collaborating in the case against Bakman. Tuesday Fresno Police Officer Craig Howard revealed what Bakman told him shortly after the deadly collision on Shaw near Marty.

"He said that he was driving approximately 45 miles per hour and he was on auto pilot and next thing he knows his windshield exploded," said Officer Howard.

Defense attorney Felipe Plascencia wasted no time attempting to show inadequacies in the police investigation. His line of questioning was technical, thorough and at times scientific.

"If someone has concussions, a bad shoulder, arthritis, bad knees, blown discs, the flu. Would that be a candidate to perform field sobriety tests?" asked Plascencia. The officer responded, "Depends."

Plascencia analyzed the contact officers had with Bakman and even scrutinized the field sobriety tests given to his client. Bakman told officers he had the flu and fell asleep in the back of a patrol car.

Plascencia also explored the potential his body was tolerant to the medication he was taking and not really impaired by it.

After more than five hours of questioning, Officer Howard said his analysis remained the same.

"My opinion was that he was under the influence of cannabis and a narcotic analgesic," said Howard.

Defense attorneys worked hard to insinuate Bakman's test results could have been misinterpreted. For instance, his red eyes could have been because he was tired, not under the influence.

The victim, Joshua Whittington was not in a crosswalk when he was struck and killed.

Toxicology tests showed he had toxic levels of drugs in his system when he died.

Bakman is facing charges of vehicular manslaughter while driving under the influence.

The preliminary hearing continues tomorrow.
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