A 17-year-old accused of killing four of her friends in a car crash has asked the judge to dismiss her case.
Elsa Laremont Stranczek was just 16 when her Volkswagen Tiguan SUV ran off the road and smashed into a tree last year.
Following the collision, which happened near Woodacre, California, the vehicle burst into flames and claimed the lives of four passengers: Olive Koren, 14, Sienna Katz, 15, Josalynn ‘Josy’ Osborn, 15, and Ada Kepley, 15.
The only people to make it out alive were Stranczek and her friend and fellow passenger Marley Barclay, 14, who were severely injured.
Both Stranczek and Barclay claimed that the crash was caused by an oncoming car that swerved into their lane, Daily Mail reports.
However, this was later dismissed by authorities, who found no evidence of the claim or that there was another vehicle involved.
Last October, Stranczek was charged with misdemeanor manslaughter — a charge that applies when someone unintentionally causes another person’s death while committing a misdemeanor or other low-level unlawful act.
There must also be a clear link that proves the act directly caused the fatal result.
While Stranczek has appealed to have the case dismissed, some of the victims’ families have demanded she be held accountable at trial, which would see her serve one year in juvenile detention due to her age if convicted.
Others have pushed for leniency, stating that Stranczek’s friends would have wanted her to be ordered to rehabilitation, also known as diversion.
This is when criminal proceedings are avoided and the defendant is instead placed into a support or rehabilitation programme.
These arguments have been playing out in court this week, when Stranczek came face-to-face with the families’ victims.
On Wednesday, all 43 seats of the courtroom’s gallery were full as Stranczek appealed again for her case to be dismissed.
Her defense attorney, Charles Dresow, argued for it to be dropped due to an alleged flaw in the investigation, Marin Independent Journal reports.
He stated that California Highway Patrol (CHP) officers ‘destroyed their notes’ and lost their interview audio with Stranczek.
CHP officers Jonathan Briggs and Erik Carrillo told the judge that they threw their interview notes out after finalising the report.
It was also revealed that the officers had recorded the interviews with a wireless microphone; however, the audio had failed to transmit to the recording devices in their cars.
Dresow said: ‘If audio existed, then we would know exactly what was said.’
The judge rejected this, stating: ‘I cannot conclude that they acted in bad faith or destroyed evidence.’
Olive Koren’s grandparents told the judge that they do not believe the CHP officials analysed every single aspect of the crash.
Koren’s grandmother, Gail Koren, argued that their granddaughter would ‘want every lead pursued, and every piece of evidence pursued.’
She added: ‘We want her to have the opportunity to have diversion. That’s what Olive would have wanted.’
However, Josy Osborn’s parents disagreed.
Osborn’s father, Joseph Osborn, said that Stranczek needs to understand the ‘gravity’ of her actions, adding that he and his family have ‘no other memories’ to make with their daughter.
‘Choices were made, and these are the repercussions of them. Four lost lives,’ he said.
Sienna Katz’s mother, Peg Minicozzi, said that her daughter’s death ‘has been the most devastating and heartbreaking experience of [her] life.’
Minicozzi argued that ‘accountability is one of the most important lessons we teach our children.’
She added that, from her understanding, ‘juvenile diversion is generally intended for less serious first offenses.’
The grieving mother concluded that, ‘given the loss of four lives,’ she does ‘not believe diversion without an admission or finding of guilt reflects the gravity of what occurred.’
Stranczek’s hearing is scheduled to continue on August 10. Should the judge deny diversion, the teen will go to trial.