White: Kozlowski overly fatigued, fell asleep
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By Mark Gunderman mark.gunderman@lee.net
Tuesday, April 17, 2007 10:15 AM CDT
HUDSON — Michael Kozlowski fell asleep behind the wheel of an 18-wheel semi-tractor trailer on Oct. 16, 2005, after following his frequent habit of driving without enough sleep — and it cost five people their lives.
That’s how Eau Claire County District Attorney Rich White summed up the prosecution’s case against Kozlowski as the trial got underway in St. Croix County Monday.
Kozlowski is accused of five counts of homicide by negligent operation of a motor vehicle, seven counts of causing great bodily harm by reckless driving and 21 misdemeanor counts of causing injury by reckless driving.
“All caused by the negligent operation of that semi,” White said. “He was negligently operating that semi because he was fatigued.“
The prosecution maintains Kozlowski fell asleep, drifted off onto the right shoulder of the road, tried to steer back onto the road, causing the semi to turn on its side. It blocked both lanes of traffic and the bus struck between the tractor and the trailer.
Kozlowski denied falling asleep in the hours immediately following the accident, and defense attorney Earl Gray’s opening statement made clear Kozlowski will stick by that claim.
Kozlowski said he was pulling off the road to urinate.
“The evidence will show he fell asleep,” White said.
Kozlowski had just passed the Osseo exit, with plenty of 24-hour services three miles back, White said. Also, the angle of the truck leaving the road is consistent with a driver falling asleep, and witnesses on the road observed the semi being operated in an erratic fashion, White said.
A driver falling asleep may not by itself prove a case of criminal negligence, however. White will try to show that in Kozlowski’s case, he should have known he was too fatigued to drive and regularly drove without the required hours of sleep between shifts.
White’s case for that will rely strongly on records, both filled out by Kozlowski, and electronic records, plus statements from people Kozlowski spent time with in the hours preceding the accident.
Federal law requires that truck drivers log at least 10 hours of sleep/rest time between driving shifts. Kozlowski filled out log sheets showing he was complying with that law.
However, in his regular trips between Munster, Ind. and St. Paul, he passed a number of toll booths in Illinois. He carried in the truck an I-pass, allowing the truck to cruise pass toll booths without stopping, and the trip electronically logged in an billed to his company, Whole Foods.
White said I-pass records will show Kozlowski could not have been logging the hours of sleep he was claiming, and in some cases could not have slept at all, and in one case for less than two and a half hours.
Prior to the trip in question, Kozlowski had driven all night over Thursday and into Friday, then headed back, arriving in Munster at 8:41 p.m. By 10 p.m. he was at a bar called Sheffield's with friends, and his activities could be tracked until almost 6 a.m. Saturday.
Cell phone records show he could not have had 10 hours of sleep on Saturday before leaving that evening for the trip that would end in the crash, White said.
Witnesses describe erratic driving and GPS records show Kozlowski pulled off at a Tomah exit where there were no services, presumably to sleep because he was fatigued, White said.
“He stopped for whatever reason, got back on the interstate and continued to drive,” White said.
The truck left the road at 63-69 mph, White said.
Judge William Gabler emphasized to the jury that statements made by attorneys in their opening remarks are not evidence. White will have to present witnesses and other evidence to convince the jury of Kozlowski’s guilt.
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