Case postponed because of Harlan
The stripping of licensure for longtime forensic pathologist Dr. Charles Harlan has had an immediate impact here as a local vehicular homicide case has been put on hold while the defense finds a new toxicology expert.
The state’s case against James N. (Nick) Harrell, 19, for the death of passenger Shannon M. Green, 16, in a fatal wreck in the summer of 2003 has been continued until Aug. 11 given Harlan’s situation.
Harlan had been scheduled to rebut testimony from fellow forensic pathologist Bruce Levy about how much alcohol Harrell had in his system at the time of the wreck. Harrell claims he had just one beer while prosecutors maintain he had more based on what was found in his system hours after the crash.
Harrell, who was 17 at the time of the accident but who is being tried as an adult, faces charges of vehicular homicide and vehicular assault for the crash on Fred Hoover Road which killed Green and injured his other four passengers. Prosecutors say he was doing 90 mph when he lost control and hit a tree, while Harrell maintains he was doing half the alleged speed.
The delay of the trial comes after the defense had tried unsuccessfully to get a pre-trial diversion, whereby Harrell would not have been tried for the crime provided he completed a probationary period. The defense had also requested, unsuccessfully, the May 31 trial date be delayed so they could appeal the court’s decision on the pre-trial diversion. With Harlan’s revocation, the defense has now bought more time in which to have the appeals court hear the issue of law.
Harlan is likely out of the picture for good given the revocation of his medical license following an extensive probe which found him guilty of numerous instances of incompetence and incorrect findings.
The loss means the Harrell defense must now find an expert to replace Harlan to defend the teen against Levy’s potentially damaging findings.