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Testimony over drug use is conflicting

Dramatic testimony from a witness about whether a Paso Robles woman smoked methamphetamine the day she allegedly struck and killed a CHP officer in her car last year took center stage Thursday at her trial.

Jose Acevedo, who referred to Kaylee Ann Weisenberg as his “best friend,” testified that he didn’t want to answer the question of whether he saw her smoke meth.

But San Luis Obispo Superior Court Judge John Trice told Acevedo he had to answer the question posed by Deputy District Attorney Lee Cunningham.

Acevedo then testified that he did not see Weisenberg smoke meth the morning of June 27, 2010, before the crash that killed CHP Officer Brett Oswald.

But CHP investigator Kevin Coomer also took the stand Thursday to testify that Acevedo told him in an interview a day after the crash that he and Weisenberg smoked meth together in the bedroom of a home at 10 a.m. the day of the incident.

Weisenberg has pleaded not guilty to four charges, including second-degree murder and gross vehicular manslaughter while intoxicated, for allegedly causing the wreck about 6:30 p.m. on South River Road near Paso Robles.

Prosecutors have said evidence will show Weisenberg was under the influence of meth, but the defense said the trial will show she wasn’t. More testimony is yet to come in the trial on her alleged drug use.

Cunningham also asked Acevedo about his statement to investigators that Weisenberg had driven 75 to 90 mph on South River Road prior to the crash. Acevedo responded “correct.” He also testified that he’d worried about her driving behavior.

Acevedo, who is listed in custody in County Jail for unknown charges, was escorted into court by bailiffs. He testified he was under the influence when interviewed by CHP investigators June 28, 2010.

Upon cross-examination from defense attorney Darren Murphy, Acevedo said he was “paranoid” and just wanted to get the officers away from him.

Acevedo took the stand after CHP Officer Scott H. Peterson testified on cross- examination by defense attorney Tom McCormick that Oswald’s parked car jutted out about six to seven feet into the road on the day of the crash in an area with little room on the embankment.

Oswald was standing next to the driver’s side panel of the patrol vehicle when he was struck by Weisenberg, who crossed over the double yellow lines coming from the opposite direction, according to Peterson’s analysis.

McCormick sought to poke holes in the credibility of Peterson’s analysis of Weisenberg’s speed, asking whether a person would fly over the windshield at a speed higher than 45 mph.

Peterson said that would be possible at 45 mph.

On Wednesday, Peterson estimated Weisenberg’s driving speed was 80 mph and her impact speed after braking was 67 mph — explaining that Oswald crashed into the windshield after jumping.

Weisenberg’s high school friend Victoria Hall, who was also called to the stand Thursday, testified they were involved in a crash in 2004 in Fallon, Nev., when they were teenagers, shortly after Weisenberg was licensed to drive.

Hall said she was in the car driven by Weisenberg when they crashed into a driveway on a curvy road.

Hall said Weisenberg came up with the idea to place a rock in the roadway, implying that the rock caused the wreck, so they wouldn’t get into trouble with her mother.

The trial before Trice resumes at 10 a.m. Monday.

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