Prosecution Makes Case Against Kerry Kennedy

Prosecutors say Kennedy is still responsible for drugged driving even if she did take an Ambien by mistake.
3:00 | 02/25/14

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Transcript for Prosecution Makes Case Against Kerry Kennedy
something else. The latest on the Kerry Kennedy trial. The 54-year-old daughter of bobby Kennedy is accused of sleep driving under the influence of ambien and her mother turned out in support of her in the courtroom. Linsey Davis is tracking it. Reporter: Kerry Kennedy is expected back in court to fight her misdemeanor charge. At her side on Monday her mother Ethel and two of her brothers, bobby and Doug. We're not going to comment until after things are done. Reporter: Part of the defense's opening argument, the bio of the 54-year-old's famous family with mentions of her father, rfk, and that she is the niece of our former president, John F. Kennedy. The judge quickly interrupted advising Kennedy's attorney to stick to the evidence. Part of that evidence introduced by the prosecutor was an hour-long police dash cam video from when the officer approached Kennedy shortly after she sideswiped a tractor trailer back in July of 2012. A groggy Kennedy can be seen failing a field sobriety test and later falling asleep in the back of her SUV. Kennedy, who is expected to testify this week, says the morning of the accident she may have mistakenly taken ambien after confusing it with a thyroid pill. She's pleaded not guilty. Under the law if you're charged with a crime you have to have intent. If you do something accidentally then you're not punished by the criminal law. Reporter: Witnesses testified after the accident they saw Kennedy slumped over her steering wheel. We don't have a comment. Trial is going well. Reporter: The kennedys, no strangers to public legal battles, as usual, standing by each other's side. The defense was quick to say Kennedy is not seeking any advantages here because of her famous family and that she also should not be penalized for it. Defense attorneys that we've talked to say for the average person, a case like this would have never made it to trial. But once again, Kerry Kennedy expected to take the stand in her own defense sometime this week. George? Okay, linsey, thanks. More from our chief legal affa affairs anchor Dan Abrams. We heard the defense attorney say an average person would never have this brought to trial. It's true. Even if she's convicted of this misdemeanor, she likely won't face any jail time. These cases don't go to trial. You resolve these cases with a violation. You don't end up bothering with a jury trial. Remember, they agree on most of the facts here. They agree that she seems to have accidentally taken this drug. The legal question is, should she then have gotten off the road meaning did she have the wherewithal to know I need to get off the road now because I'm a danger. There's no question she was a danger. The question is should she be held legally responsible for that in a misdemeanor trial? It seems like the lawyers are trying to hammer home this idea of celebrity justice and keep bringing up the Kennedy name. The defense attorneys want the jury to say, what are we doing here? Why are we here? The reason we're here is because the prosecutors don't want to cut a deal, in effect, with someone who is well known and someone who is famous. Look, you have to believe that's the case. The prosecutors, the last thing they want is for people in the public to say she's being treated differently. Any risk for Kerry Kennedy in testifying? In a case like this, I don't think so, again, because most of the facts aren't in dispute. Okay, Dan Abrams, thanks very

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