ALEX HERNANDEZ TRIAL LAW

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The AP (12/21, Porter) reports that Kevin Roper, “the truck driver who slammed into a limo carrying Tracy Morgan, killing one man and severely injuring the comedian, will ask a judge next week to throw out criminal charges against him.”

The AP says that attorney David Glassman said he will ask a judge “on Tuesday to dismiss the case because Roper is unable to get a fair trial because of negative publicity surrounding Morgan’s federal lawsuit against Wal-Mart.”

The AP points out that an NTSB “investigation concluded in August that Roper hadn’t slept during the previous 28 hours and failed to slow down immediately before the crash, despite posted warning signs.” The NTSB also found that the failure of Morgan and other passengers to wear seat belts contributed to their injuries.

Glassman has said that the NTSB did not speak with Roper and that the assertion that he had gone without sleep for more than 28 hours “factually wrong.”

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