Jul 8, 2008 6:59 pm US/Central

Witness Said He Picked Up Man From Bus Crash Scene


Nursing a sore ankle, Olga Franco made it to her last pretrial court appearance in Lyon County on July 8.

CBS
Reporting
Heather Brown


MARSHALL, Minn. (WCCO) ― Lawyers in the case of a school bus crash that killed four children and injured 17 said Tuesday they don't want the children to have to testify. In the final court appearance before Olga Franco's trial, the judge said introducing the medical records for the children are enough to show their injuries.

Franco is charged with four counts of criminal vehicular homicide and 17 counts of criminal vehicular injury. Jesse Javens, Hunter Javens, Reed Stevens and Emilee Olson died in the Feb. 19 crash along Highway 23 in Cottonwood.

Franco's trial is scheduled to start July 28 in Willmar. Franco's attorney's asked for a change of venue but Judge David Peterson rejected a defense request to move the trial from Kandiyohi County to Hennepin County.

The judge also issued an order allowing statements made by Franco to law enforcement at a Marshall hospital to be used at her trial. Her attorney argued those statements were not voluntary and that Franco should have received a Miranda warning.

Manuel Guerrero, Franco's lawyer, said his major trial strategy is to show Franco's boyfriend, identified as Francisco Sangabriel-Mendoza, was the driver at the minivan when it crashed into the back of the bus.

On his witness list, introduced Tuesday, were three people who said they saw a man running from the accident. One of the witnesses, a co-worker of Sangabriel-Mendoza, told investigators he drove up to the accident after it occurred. He said Sangabriel-Mendoza asked him for a ride to Minneota, a town about 12 miles away. The witness didn't know if Franco's boyfriend may have been in the van and didn't ask any questions. At the time, he told investigators he was just trying to do "the Christian thing" and bring him out of the cold.

The witness told investigators he drove Sangabriel-Mendoza to Willmar the morning after the crash and hasn't seen him since.

http://wcco.com/crime/cottonwood.bus.cr ... 66470.html