3rd Day of Bus Crash Trial Wraps up
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3rd Day of Bus Crash Trial Wraps up
Testimony continues in the case against Michael Kozlowski
Reporter: Mary Rinzel and Mark Povolny
Email Address: mary.rinzel@weau.com or mark.povolny@weau.com
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In the third day of the Chippewa falls band bus crash trial, semi-truck driver Michael Kozlowski's boss took the stand and told the court about Kozlowski’s training and driver testing. Prosecutors also examined Kozlowski’s activities the night before his truck jackknifed near Osseo.

Kozlowski says he was pulling the semi over so he could go to the bathroom on the side of the road when he lost control and flipped the truck. District Attorney Rich White asked Kozlowski’s boss, William Callegari, about that explanation.

“Is it acceptable, in your position as his supervisor, for him on October 16 of 2005, to pull over on the side of the Interstate on the shoulder to stop his semi and get out to urinate?” White asked. "No,” Callegari answered. “It's always better to find a safe harbor; a rest stop or some other area to pull into so the rig is not on the side of the road.”

The attorneys questioned three people on Wednesday who were with Michael Kozlowski at an Indiana bar into the early morning hours the day before the crash. Both focused on just how much he had to drink.

A credit card receipt shows Kozlowski ordered two 'Jimmy Bombs,' two 'Cherry Bombs,' and two 'Captain Morgans' on Friday, October 14, 2005. But Jennifer Stark says she’s not sure exactly what he drank that night.

“I can’t tell you yes he had this or that, I can’t remember,” Stark stated during Wednesday's testimony.

Michele Kruse, from Indiana, told Eau Claire County District Attorney Rich White she met Kozlowski for the first time at the bar that night. “His friend bought a pitcher of beer and we started playing pool." When White asked Kruse if she noticed Kozlowski drinking, she responded that he had a drink in his hand.

Kruse told the jury she and a friend left the bar with Kozlowski around 3:00 or 3:30 Saturday morning. She says she last saw him around 4:30. “He said he had to go to the bathroom, walked between two buildings and never came back,” Kruse told the jury.

Investigators later got Kruse’s cell phone number from Kozlowski’s phone and called it. State Patrol Inspector Tom Walters told the court Kruse said Kozlowski was “pretty drunk” that night at the bar.

Weeks later, when face to face with investigators in Indiana, Kruse changed her story. She said he was walking and talking just fine.

“Which would you say is more reliable a 10:18 phone call or a formal interview at her job?" asked defense attorney Earl Gray. "I don’t know," answered Inspector Walters.

Melissa Boersma told investigators she's not sure how many drinks Kozlowski had Friday night. His credit card receipt shows he bought four shots and two Captain Morgan drinks, but it's unclear if he drank all six or not.

"They asked if he had one drink in his hand or he constantly bought other drinks, and I said, ‘I don't know,’ testified Boersma. "He had a drink in his hand. I don't know if it was the same drink all night, if it was multiple drinks all night. I'm not sure.”


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