Families 'happy,' respectful of verdict

BY DUSTIN PANGONIS (TIMES-SHAMROCK WRITER dpangonis@republicanherald.com)
Published: March 16, 2010

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STROUDSBURG - Thomas P. Senavitis was silent after being acquitted Monday of homicide by vehicle in the death of state Sen. James J. Rhoades, but his wife breathed a sigh of relief.

"I'm happy about what happened," Dolores Senavitis said after the verdict

was read. "I'm actually surprised it was a nice and fair jury that paid attention to what was going on."

Thomas Senavitis, 46, of Kunkletown, had been accused of driving drunk in connection with an October 2008 car accident on Route 209 that killed Rhoades. Thomas Senavitis was found not guilty of homicide by vehicle/DUI, homicide by vehicle and two counts of aggravated assault by vehicle/DUI.

The jury did convict Thomas Senavitis on DUI/unsafe driving, DUI/blood alcohol content 0.16 percent or greater and four counts of recklessly endangering another person. Thomas Senavitis was denied bail and remained in police custody, and he had no comment for reporters as county deputies escorted him from the courtroom.

Dolores Senavitis said the verdict was unexpected because she felt the involvement of a state senator had made many witnesses afraid to testify, and being associated with the case was hard on her family.

"When you get accused of killing and murder, it's pretty hard to go through," Dolores Senavitis said.

The family also plans to appeal Thomas Senavitis' DUI convictions, Dolores Senavitis said.

Mary Edith Rhoades, the senator's wife, who was severely injured in the crash, said she accepted the verdict.

"On behalf of the family, we respect the jury's decision," Rhoades said. "We're a strong family and a close family, and we came here knowing how it could turn out."

Rhoades thanked the jurors for performing a difficult job, and said even a more favorable verdict would not have brought back her husband.

Monroe County Assistant District Attorney Colleen Mancuso, who prosecuted the case, said she was disappointed by the verdict.

Mancuso said it was "obvious" that Senavitis was drunk, and criticized the defense's expert crash reconstructionist witness, Kevin Theriault, of Virginia-based Crash and Safety Consultants.

"I don't believe their expert was very credible," Mancuso said.

Mancuso said the jury may also have been confused by civil law rules, thinking that they could not convict Senavitis if Rhoades was partially at fault for the crash.

Just 15 minutes before rendering its verdict, the jury asked Monroe County President Judge Ronald Vican, "If direct cause is due to both parties, can one party be guilty of homicide by vehicle?"

After a sidebar with attorneys for both sides, Vican said a person's conduct must be a "substantive factor" to qualify as a direct cause. Vican said there can be more than one direct cause for event, and a defendant can still be criminally liable even if there are other direct causes.

However, Vican said, the defendant's actions cannot be a direct cause if the victim played an "independent, overriding and important role" in causing the accident.

Monroe County Chief Public Defender Wieslaw T. Niemoczynski, who defended Senavitis, said, "I'm pleased the jury paid as much attention to this case (as it did). It's an easy case to have not paid attention to."

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1 posted comments

Mary Edith Rhoades has maintained the grace, class, and dignity, she has carried through her entire life. She and the ENTIRE Rhoades family can walk with their heads held high. The truth will prevail. Maybe not now but in the future. Unfortunately, this will happen again. And, maybe then, that jury will see things differently.
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Disappointed But Proud,  03/16/10 9:48