DA: '50 reasons' for Delgado's guilt

"This is where the battle’s going to be fought,” Fitzgerald told jurors just more than week after the Redwood City teenager’s trial began.

Defense attorney Randy Moore did battle the notion of gross negligence, telling jurors that things "have to be put in context” and his client is highly apologetic.

"[I]f she could change places with those people don’t you think she would do it?” Moore asked.

Before Moore could address the jury, however, Fitzgerald took the offensive on the assumed defense — that the July 5 accident was caused by Delgado but was not grossly negligent — by reiterating her reported history of speed, sideshows and warnings by high school personnel about her driving.

"This was more than an accident. This was an inevitability,” Fitzgerald said.

Delgado’s past came to a head, according to Fitzgerald, when she pulled onto Highway 101 from University Avenue and sped north. In Menlo Park near Marsh Road, Delgado’s white Ford Mustang sideswiped a red Ford Explorer carrying Prince Tu’ipelehake, 55, his wife princess Kaimana, 45, and the couple’s driver, Vinisia Hefa, 36.

The Explorer’s front tire turned to the right, causing the SUV to flip multiple times and killing the three inside. Delgado and her 18-year-old passenger were unharmed and the teen was arrested at the scene. She’s been in custody in lieu of at least $1 million bail since that night — one reason her defense has pushed for a speedy trial.

During the closing arguments, Delgado, 19, bowed her head and wept sporadically. Her defense rested its case Monday morning after approximately a day of evidence but no testimony from Delgado herself.

Instead, both sides relied primarily on eyewitnesses and crash reconstruction experts.

Prosecution expert John G. Daily placed the red Ford Explorer carrying the victim traveling at about 65 mph with Delgado’s Ford Mustang somewhere faster. Defense expert Chris Kauderer disagreed, believing Delgado was driving closer to 70 mph.

A lack of objective physical evidence exists proving otherwise, Kauderer testified.

Kauderer also said that Hefa may have steered the car at the moment of or just after impact. The extra turn, he implied, may have contributed to the rollover.

Witnesses, Delgado and Delgado’s passenger all conceded in testimony and police interviews she made multiple lane changes although each provided inconsistencies about the exact number.

"Ms. Delgado ... was using whatever lane she wanted. It was her playground,” Fitzgerald said.

Moore cautioned the jury about taking eyewitness testimony at face value, however.

"The mind does play tricks on you,” Moore said.

He also questioned testimony from personnel at Delgado’s continuation high school who didn’t recall suspending the teen for driving behavior despite paperwork to the contrary.

"Lots of nothing is still nothing,” he said.

If convicted of the three felonies, Delgado faces up to eight years in prison. Moore believes the only applicable charges are misdemeanor vehicular manslaughter without gross vehicular. In fact, Moore told jurors if they believe Delgado is guilty of anything to convict her of a misdemeanor "because that’s what the evidence warrants.”

Meanwhile, family members of the Tongan royal family filed a civil suit against Ford in Santa Clara County Superior Court last Monday. The suit alleges that the Explorer itself is to blame for the rollover, clearing Delgado of any culpability.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.