Nolte on trial in connection with Munn case
October 27, 2008
Corrections added at 4:15 p.m. and 10:15 p.m. Tuesday, Oct. 28.
Stephen Nolte is awaiting judgment for his involvement in the death of Kelly Laughery.
Shanda Munn, former ISU student, was convicted of vehicular homicide in 2006. She is currently serving a 10-year sentence.
Munn hit Laughery, a former ISU student, in the early morning hours of Dec. 3, 2005. Laughery was walking home on Mortensen Road. According to court documents, Munn had consumed six drinks and two Jell-O shots before leaving a party that night.
Munn, who was 20 at the time, attended a party at an apartment owned by Nolte, Nicholas Tonelli and Jody George. According to the state, Anthony Galante and Kelly Tonelli helped plan the party. Galante and Kelly Tonelli have entered into plea agreements for seving alcohol to someone under the legal age. Nolte is on trial for his involvement in the party that Munn attended the night of Laughery’s death. Nicholas Tonelli will go on trial in November.
Nolte’s trial began last Thursday with the state’s case and the defense presented its arguments to the court Monday.
While questioning Robert Monserrate, criminal supervisor for the Iowa Department of Public Safety Crime Lab, defense attorney Daniel Gonnerman pointed out that at the time of the accident Munn did not receive a breath test, no one observed her driving and she did not receive a blood, urine or breath test on a machine or in a lab.
A major part of the defense’s case was to prove that Munn was not actually drunk at the time of the accident. However, when Munn was called to the stand, the prosecution reminded the court, she admitted to being drunk at the time she hit Laughery, saying alcohol was what caused Munn to drive recklessly.
Also called to the stand was Jerry Hall of Hall-Wade Engineering Services, who did an accident reconstruction of the scene. From the reconstruction, he determined the position of the vehicle at impact, the speed at which Munn was driving and the lighting conditions at the scene.
Hall diagrammed Mortensen Road from Hawyard Avenue to Gateway Hills Park Drive. He pointed out that there is a slight rise heading east-bound before Hayward Avenue, which he said he recreated with his wife standing at Laughery’s position.
From the recreation, as well as light tests, Hall concluded the lighting was too minimal to see an individual in the road. He said from the rise, Munn would have been about 250 feet from Laughery, which would have given Munn approximately five seconds to stop if she saw her.
Also called to the stand was Josh Hale, an ISU PD officer and a crime scene photographer. Hale photographed the scene the night of the accident. He also took photos of the scene on May 10, 2007, in an attempt to recreate the lighting conditions of that night.
Hale said there was more light because of the reflection of the snow on the night of the accident. However, he did concede without snow on the roadway, no additional light would be reflecting off the road.
Lt. Carrie Jacobs, an officer with ISU PD, and Lt. Aaron Delashmutt, another officer with ISU PD, were both called to the stand. The two officers had both seized and examined photos from the night of the party. Both said they had examined photos both from hard drives and Web pages. Jacobs said she had examined somewhere between 100-150 photos and none had Nolte in them. Delashmutt said he had examined about 50 photos.
“I think that he’s in one, possibly,” he said.
Nolte’s face is not shown, but Delashmutt said it was possibly the back of his head.
Closing arguments will be given Tuesday morning.
CORRECTION: The original article implied that Nicholas Tonelli and Jody George have already entered plea agreements. This is incorrect. The Daily regrets the error.