Thursday, Jun. 05, 2008

Vehicle 'accident' hot topic in court at Porter murder trial

Prosecution questions legitimacy of pastor's crash that injured elderly rancher

The murder trial of former pastor Howard "Doug" Porter resumed Wednesday in Stanislaus County Superior Court, with prosecutors calling witnesses to talk about a March 5, 2002, truck crash that may or may not have been an accident.

First up was farmer Ronald Zanker of La Grange, who lives near a bend in the road where Porter's Toyota Tundra slammed into an oak tree, injuring 83-year-old passenger Frank Craig.

Zanker recalled that Craig was trapped inside the truck's cab and in a lot of pain, while Porter escaped injury and stood nearby talking to a passing motorist.

At the time, he didn't think the incident was particularly memorable because traffic accidents are common on Lake Road, though most happen at a different bend in the road. But he recalled that Porter remained calm and cool, and didn't try to console his passenger or attend to his injuries.

"He wasn't shaken up," Zanker said.

The crash didn't even generate a traffic ticket. But a fatal crash involving Porter and Craig two years later prompted authorities to take a second look at a man who led the Hickman Community Church for nearly two decades.

Porter and Craig formed a partnership in 1999 after Craig inherited $2 million from a brother and dreamed of using the windfall to build an agricultural museum to showcase farm equipment he collected over decades.

Craig made the church his benefici- ary and named Porter the executor of his estate. Later, Craig ceded more power to Porter, giving the country preacher power over his finances and health care decisions as well.

The museum was never more than a plan on paper.

The district attorney's office has accused Porter of embezzling $1.1 million from Craig, then staging both crashes to cover his tracks. Porter, 57, of La Grange, is accused of murder, attempted murder, theft or embezzlement from an elder adult by a caretaker and elder abuse causing death.

One juror falls asleep during trial

The trial began last week and is expected to stretch into late July or early August. Porter has pleaded not guilty and faces life in prison if convicted. He has been held without bail since his arrest on Nov. 27, 2006.

The day's testimony revolved around the initial crash, and it was slow going at points, prompting a short recess and a do-over after one juror fell asleep for a few moments.

Rather than dismiss Juror No. 12, Judge Thomas Zeff instructed a prosecutor and witness to re-create questions and answers the juror might have missed by reading a transcript of what had just transpired.

After a lengthy read-back, 11 other jurors and five alternate jurors who had been temporarily excused returned to the courtroom and the trial resumed.

According to authorities, Porter initially told investigators that he may have fallen asleep at the wheel, causing his truck to veer off the road and into the tree. Upon further questioning, Porter said he squinted because he was tired, then swerved to avoid an oncoming car.

California Highway Patrol officer Timothy Green said he found tire tracks that went straight into the oak tree, but no signs of braking. He did not take photos during his investigation, but he told the jury that the angle of the tracks suggests that Porter drove into the tree on purpose.

"It was consistent with the vehicle being steered off the roadway and going straight toward the tree," Green said.

Bee staff writer Susan Herendeen can be reached at sherendeen@modbee.com or 578-2338.