Attorney: No Proof Amy Senser Knew She Hit Someone

MINNEAPOLIS (WCCO) — Amy Senser’s attorney does not think the amended complaint filed Monday proves she knew she hit a person.

It includes new information as to Senser’s whereabouts and calls made the night of August 23rd, 2011, but it’s all circumstantial evidence.

A trial for Senser hasn’t even started, but Hamline University law professor, Joe Daly, already knows the case will be one he uses in his classroom for years to come.

“I could prosecute this case based on the complaint and also defend it,” said Daly.
“It’s not an open and shut case at all.”

It appears the case will be argued purely on circumstantial evidence, some of which is included in the criminal complaint. Among the evidence, a series of phone calls in the vicinity of the crash that night to Senser’s phone, a witness who places someone matching Senser’s description at the scene of the accident 40 minutes later. It also includes blood on the bumper of Senser’s vehicle.

“The judge is going to say to the pool of jurors just because it’s circumstantial doesn’t mean it’s not good evidence,” said Daly.

However, Senser’s attorney, Eric Nelson, will argue that it’s not good evidence and that nowhere in the criminal complaint does it say Amy Senser knew she hit a person. Nelson argues the series of calls to her family don’t indicate a person trying to cover up a crash

“If you know you hit a person, do you call your husband or daughter? The first call to Joe isn’t until 40 minutes later,” said Nelson.

The complaint also includes cell tower information from a series of phone calls taken after the accident. But Nelson points out that the cell phone tower locations aren’t as reliable as a GPS that can pinpoint someone’s whereabouts to a matter a feet. He said her driving pattern indicates someone who is lost, which he explains may also be a reason for a witness seeing someone who matched her description near the accident later that night.

“Whether Mrs. Senser would associate lights with something an hour ago is a question,” said Nelson.

While questions remain as to what Senser knew that night, Daly believes it’s no longer a question of this case will move forward in the legal process.

“I think there’s enough probable cause,” said Daly.

Senser’s attorney also says there is precedent for a case like this where the Supreme Court sided with the defendant, Mohammed Al-Naseer.

The circumstantial evidence was similar, but the state could not prove that the driver, Al Naseer, knew he hit a person. Therefore, he had no obligation to stop and report it.

More from Rachel Slavik
Comments

One Comment

  1. r bean says:

    The loud thud, the blood splattered on the windshield, the screams … none of that registered?

    Cell phone use while driving ought to be outlawed just like drinking alcohol.

    She knew what she did. Papa Joe knew it too. Both of ’em can rot in the heated basement.

    1. Waiting says:

      How can I get into the jury pool????? How how how how …. please have them call me puleeeeeeeeeeeeeeszzzzzzzzzzzzze

  2. GuiltyguiltyGuilty says:

    wow, it amazes me that they, the defendant, are claiming that she was lost and had no idea. According to the report, she was in the uptown area earlier that evening. She was suppose to buy a ticket and join her daughters and their friends at the concert and take them home. her husband dropped off the girls at the excel energy center. however, she never attended the concert. So, if she was lost, where was she going or headed? I know we shouldnt assume or speculate, but i suspect she ended up having one too many drinks or was having too much of a good time in the Uptown area. Even in the report filing, Amy’s daughter’s own friend text her mother that she thinks Amy had been drinking. I really wanna know if truly deep down inside Amy really thinks she didn’t hit a person. From the police report, there wasn’t even any construction cones etc around. Who drives around town with a busted headlight and not stop to check? so many questions, if only the lady can women up and come clean. I really don’t know how these people, including their daughters (who should have some good insight on what happened that night) can sleep every night knowing the truth. such a shame

  3. Kim says:

    Since there was blood on the bumper, who does it belong to? The person she hit? It shouldn’t matter if she knew if she hit someone or not, if the blood matches, it’s obvious she hit the person and time needs to be spent in jail. And who just randomly calls and asks advice about a lawyer while driving around town? My guess is, she went back to the scene to see if the ambulance and cops were there, that’s why the witness saw her vehicle 40 minutes or so after the hit and run.

  4. alligator says:

    is there a more detestable person living among us?….i think not.

    1. Uncle Rico says:

      Really dude? Yes, there are plenty of them.

      1. Aunty Jemimma says:

        Who?? – Your uncle Chico, Rico?
        Or pervy cousin PeekyLeeky?
        you comin’ to dindin tonight Rico?

    2. Her, or the lawyer? says:

      Umm, yeah, both

    3. tom says:

      to alligator; Obama comes to mind

      1. jackactionhero says:

        Pathetic

  5. altavista says:

    There should not be a comments section on this particular story. Let’s give Senser a chance for a fair trial without prompting a change of venue. .

    1. try this then says:

      Indeed – a change to public park. Rope.Tree. no admission fee

  6. Journeyone says:

    What she didn’t know she hit someone? How drunk was she? Are the officers of law and state prosecutors going to start treating everyone like this? Let’s call it the spencer law.

    1. Sharp says:

      Who’s Spencer?

  7. Bill says:

    The prosecutor is in full blown attack mode. He thinks he might lose the case so he is trying it in the media to hurt Amy as much as he can. What a sicko.

    It’s an end run around the justice system and a sickening abuse of power.

    Congratulations media for being used as the tools you are.

    1. See BS says:

      Corporate run media fascism

      1. See BS's timecard says:

        Mornin’ Joe !
        can I stop o’er and get my check for yesterdays schilling in 10 ?

        1. See BS says:

          WCCO is Schilling for the prosecutors office, they do it all the time.

          Oprah Winfrey is a Fascist too.

    2. Judd Sensed says:

      Morning Joe …. hangover today? Just wondering as you got a late start.
      I still need to get my check …. last one bounced. When works?

  8. terry says:

    Another rich person gets away with a crime. She’s quilty and more then likely was drinking. but money talks.

    1. your 2nd grade teacher says:

      “quilty”? What in the he11 does her hobbies have to do with this?

      Please go back and learn how to write a coherent English sentence before posting again. There are at least 3 errors in your brief remarks.

      1. your 2nd grade teacher says:

        I’ll correct myself, too. “What in the he11 do her hobbies have to do with this?”

        Change of thought and I didn’t re-read the entire thing.

  9. RML says:

    How do these people (Senser and her attorney) live with themselves?! Shame on both of them. Shek new what she did, lying about it won’t make it go away.

  10. Kevin says:

    Wow…so many judges and juriors….so little time….

    1. @Kev says:

      Aint english grand?

    2. simple 'nuf says:

      agree so let’s just skip the prelim’s, grab a rope and head to Blake school there on Blake Rd and find the right tree I’d anticipate a large crowd but the parking lots are big and the Senser’s can just walk over

  11. Good Guy says:

    I don’t know who is worse….Amy or her lawyer. Nice example she is setting for her kids. She might get off, but her integrity is gone forever. She really makes me sick.

  12. Look At Me, I'm A Dirt Bag Defense Attorney says:

    99% of all defense lawyers are dirtbags, of course they will tell you that their job is to make the prosection prove guilt…but that’s just rationalization that they tell themselves so they can sleep at night….pigs….disgraceful

  13. foe of Sensors says:

    Noticed how other news haven’t reported this? It’s because the Sensor’s are friends of WCCO. WCCO has a bias for the Sensors. I forgot what Joe’s link to WCCO was, a radio personnel on 830? not 100% sure his ties to wcco, but the people at ‘cco are friends with the sensors.

    1. Several ties says:

      radio – advertiser – commentator.
      Joe’s got his hooks into the neighbor in many ways

    2. Nancy says:

      If WCCO is such great friends of the Sensors why don’t they strongly urge Amy to do the honorable thing,the right thing and admit her quilt in hittin&killing that man and take her punishment as she should? ‘CCO if the likes of the Sensors are considered your friends then I’m through with watching this station. DONE!!

  14. ??????????????? says:

    And your point is?

  15. Amy, Do The Honorable Thing & Srike a Plea Deal says:

    The more I listen to this video, the more I despice her attorny…what a low life…I hope he provides a better defense than what he is now portraying…
    He sounds like an uneducated moron…maybe that is their defense…When she loses she can claim she didn’t receive a fair trial because her attorney is a moron…

  16. Val says:

    The Senser’s are very hateable

  17. tom says:

    Must have been really f–king drunk not to know she hit someone. Hope the sensors go bankrupt and have to live in north minneapolis.

  18. The Senser's should be ashamed of themselves says:

    This is another example of what is wrong with some laws we have. Someone can run someone else over in their vehicle and as long as they didn’t know they ran over someone they cannot be charged with a crime. Talk about absurd. That’s like saying if I shot someone with a gun but didn’t know I shot them, then I am innocent of any criminal charges. Amy Senser obviously killed this poor guy, and now she wants to walk away. I’ll be amazed if she does one day in jail, because she’s got a rich powerful husband who can play plenty of money to a greasy attorney and they could all care less what this victim’s family is going through.We’ve seen their true colors, these people are all obviously dirtballs. FACE UP TO YOUR ACTIONS, AMY!

    1. Double up says:

      senseless Senser’s have no pride. Amy needs to do a bottle of valium , a bottle of seconal and then a big jug of good ol’ Walker Black and just bow out as they say. cya Killer

  19. Special on menu says:

    I left nuggets in the bowl…hope ya’ll don’t flush either as the cooks were grabbing ’em and tossing on the grill.
    New burger created – the Amy deluxe burger. Terd and cheese and some kind of slimey spread on the top of it….new cheese called bloodcheese. hmmmmm

  20. jackactionhero says:

    Their argument is there’s no PROOF she KNEW she killed a man? Well then I guess it’s no big deal and we should compensate her for the time and negative attention!

  21. jen says:

    the real story is on fox 9 news website

  22. Yep says:

    It will not be too difficult at all to connect the dots and even at this point, it isn’t.

  23. Kevin says:

    So I am a poor guy. So if I tag an immirgrant or two on the highway……and I didnt know it……are you all going to say the same things about me….I mean I am just a poor working guy……

  24. 3 Blind Mice says:

    The eyes say enough for me
    Senser _ Rowan-Hecker _ Bachmann
    The Real 3 Blind Mice
    If they don’t rob you blind they will kill you
    the truth….nothin’ but the truth

  25. Rentacop says:

    Yesterdays article mentioned that Joe called a relative thats an Edina Police Officer asking what attorney would he recommend if there had there had been a hypothetical accident. Guilty or not guilty ? you be the judge !!

    1. rentacop says:

      My point is they have something to hide otherwise who in the world would call a police officer with such a vague question ?

  26. moongoddess says:

    All you people who talk about innocent until proven guilty and blah blah blah. . . that’s for the jury to decide. We, as the general public who can read the facts of the case as they are reported in the media, are perfectly entitled to form our own opinions based on what we know. And we can also change our opinions if new facts come to light. Don’t worry one iota about the public crucifying poor Amy Senser. She did this to herself and she will have her day in court.
    She knew she hit “something” and she drove back to the scene of the crime to see what she hit. It’s pretty obvious by that time that she had to have been aware that she hit a person, as officers would have been there 40 minutes later. Our justice system has become less about innocent until proven guilty as it is find any excuse to find them not guilty on a technicality. People who are guilty need to do the moral thing and admit to their mistakes. If she had any sense of remorse for this she would just ‘fess up and take her medicine. She owes that to the family of the man she killed with her recklessness.

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