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Published: Friday, Sep. 09, 2011

Updated: 1:37 am Saturday, Sep. 10, 2011

Woman whose car struck and killed CHP officer may seek new trial

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Kaylee A. Weisenberg

By Nick Wilson | nwilson@thetribunenews.com

The Paso Robles woman convicted of second-degree murder in August for causing the wreck that killed a CHP officer plans to seek a new trial, according to the San Luis Obispo County District Attorney’s Office.

Kaylee Ann Weisenberg, 23, has hired a San Diego attorney, Angelyn Gates, to review transcripts of the trial, which is expected to take about a month of preparation.

A San Luis Obispo Superior Court jury convicted Weisenberg in August of second-degree murder and gross vehicular manslaughter while intoxicated in the crash near Paso Robles on June 27, 2010, that killed CHP Officer Brett Oswald.

She appeared before Judge John Trice on Thursday for sentencing, but that was rescheduled to Nov. 8 for further proceedings to determine whether the transcripts have been prepared. A hearing on the motion for a new trial has been scheduled for Dec. 15. Weisenberg remains in County Jail.

Authorities said Weisenberg was speeding along South River Road near Paso Robles when she crossed the double-yellow lines and caused the wreck that killed Oswald, who was dealing with a disabled car.

At her trial, a toxicologist testified that Weisenberg was high on methamphetamine at the time of the crash. But her trial attorney, Thomas McCormick, questioned whether she was impaired because she had passed a field sobriety test on the day of the crash.

McCormick also argued during the trial that Oswald was standing in a dangerous spot in the road.

The specific arguments for a new trial likely won’t be revealed until after Weisenberg’s attorney can review the transcripts.

Weisenberg faces a sentence of 15 years to life in state prison on her August conviction if a new trial isn’t granted.

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