Jury views minivan model

As jurors, attorneys and even the judge circled and peered into the built up component, or BUC, engineer Stein Husher explained his theory of how the minivan accelerated toward the cliff it ultimately left. Husher used both his hand and Rapoza's size nine-and-a-half shoe to show jurors possible ways, if at all, a foot could be wedged between the accelerator and console and between the brake and accelerator.

To give the jury a better idea of whether Rapoza could control the moving vehicle as it traveled down Bernal Avenue toward the cliff, Husher used a vacuum pump to equate the 21 inches of pressure exerted by a city street on its pedals.

Husher told jurors that even with the vehicle moving, "it's not difficult" to pull a shoe out from beneath a pedal.

Asked by prosecutor Al Giannini if Rapoza's foot could hang at an angle on the accelerator long enough for the minivan to speed, Husher implied it was unlikely.

"That doesn't seem consistent with the reconstruction scenario," Husher said.

Stuck foot

Even if a foot could get stuck on the accelerator for an extended time, it can only depress a small amount, he said.

"You basically sit in the idle position," Husher said.

Husher also said the front airbags on the Caravan didn't deploy until the vehicle crashed below the Moss Beach cliff. The opinion is based partially on whether the seat belts locked and restrained the passengers from moving forward at the time the bags release.

On cross-examination, Husher admitted he never saw photos of the vehicle's seat belts immediately after the accident and that any marks or scuffs on them could have occurred prior to the accident.

Defense attorney Jeff Boyarsky also got Husher to concede he does not know how much the minivan might have slowed as it traveled through the cliff's ice plants and off the edge. The model inspected by jurors yesterday is actually a 2001 Plymouth Voyager that has the same internal dimensions as Rapoza's 2002 Caravan.

Pedal entrapments

Of the roughly 1.5 million Caravans sold in the United States since 2001, none have reported incidents of pedal entrapments of a foot, Husher testified.

To accommodate the size of the unusual exhibit, jurors spent the first half of the morning four floors above Judge Carl Holm's regular courtroom. The location shift unexpectedly left a handful confronted with Rapoza shackled and cuffed as he was moved. Holm individually questioned each juror to ensure known were unduly influenced by the meeting before continuing testimony.

Rapoza remains in custody on no-bail status. The prosecution continues its case today and court is in recess Friday.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 104. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com