Second Day of Trial for Kerry Kennedy Underway

Kennedy's lawyers say she could take the stand today in her own defense.
3:00 | 02/25/14

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Transcript for Second Day of Trial for Kerry Kennedy Underway
This is a special -- 82 of the Kerry Kennedy drugged driving trial under way. Well -- -- -- Look forward to. It. Carrie Kennedy's lawyer saying she could testify today in her own defense as they walked into court this morning. Hello everyone I'm Michelle Franzen in New York with this ABC news digital special report. Kerry Kennedy daughter of Robert F Kennedy and ex wife of New York governor Andrew Cuomo is charged with driving while being impaired in July of 2012. Kennedy took the sleeping pill Ambien. Crashed her Lexus into a tractor trailer and then kept driving until pulling over -- the next exit. The 54 year old says it was all an accident and that she meant to take her thyroid medication instead. Prosecutors though say that doesn't matter and that Kennedy should've pulled over she knew she was impaired. For more on today's proceedings I want to bring an ABC's Aaron -- -- outside the courthouse in White Plains, New York Aaron thanks so much for joining us. You've been inside that courtroom give us an update on where this trial stands. Whether it's nearing the end of the prosecution's case now Michelle and in fact Kerry Kennedy has a good deal of support from her famous Stanley. It was made made mention in court that she is that the daughter of Robert Kennedy and niece of the former. President John F. Kennedy and her famous Stanley season despite it is not seeking any advantages but she doesn't want to be punished -- the defense believes that. This case did not settle out of court like many other misdemeanor driving while impaired cases because prosecutors didn't want to look like they were letting -- Kennedy off easy. In court today as prosecutors near the end of their case they presented a witness who said that Indian. Works fast and it Kerry Kennedy. Would have felt the effects of it within fifteen minutes of taking it at that time she was behind the wheel of her SUV her Lexus SUV. Prosecutors showed a video of a five mile route that she drove the -- they say she had an obligation to stop driving and pull over. Well Aaron give me an idea what does Carrie Kennedy's demeanor like in court. Well she is didn't rather stoic in court she's greeted members of her family embraced and given them hugs when she walks to and from she has a smile on her face. And in court though she's all business listing listening intently to the testimony and as she prepares to take the stand in her own defense Michelle. She's sitting at the defense table fingering rosary beads. And you know this is a fast moving trial is supposed to last about a week as a testament were in day to just look like the prosecution will rest of. I think so let the defense is going to have to cross examined the woman who's expected to be the last prosecution witness and then. Kerry Kennedy would be up in her own defense and the defense really only has Kerry Kennedy herself. Their own expert about -- somebody who worked -- to get the drug approved by the FDA and then perhaps some character witnesses the defense wants to make mention of her humanitarian work to show that. This is a woman who would never given that -- her stature with -- Stanley and in given her humanitarian work would never. Knowingly jeopardize her career by driving recklessly and they also want to show. I think they're digging she could lose -- license here and that would put. That the work that she does -- the RS case foundation in jeopardy. -- it hinders some of the travel. How -- the judge reacted with a defense tries to bring that up about her humanitarian efforts. So far he'd like it in fact during opening statements on defense attorney Terry left court tried to to describe the lineage of -- sanity. -- he interrupted and said wait a minute this is not evidence. And yet the defense believes that it's crucial to the case they want jurors to know who she is. And undoubtedly those jurors see Ethel Kennedy in the courtroom the matriarch of the family Rory Kennedy today and and Bobby Kennedy and Doug. Before that -- yesterday on opening day and they want to show that the Kerry Kennedy is part of this famous Stanley someone committed. To public service and and not to driving. Recklessly wall. Into the -- today and be an -- what makes this case so interesting is that it's not necessarily what happened but how it happened why. Both sides agree that she probably took the medicine by mistake right. And and the defense says that's key that this is all about a mistaken if that was a mistake. -- it wasn't a crime and -- -- Kerry Kennedy cannot be held liable for mistaking Ambien for her thyroid medication the defense says they were both in little pill bottles from CBS they look the same they were in the same place in the medicine cabinet. She was packing for a trip to Europe and she grabbed the bottles and and and just made a mistake. Prosecutors say well that that may well be good but in fact she had an obligation because she felt the effects of -- -- -- in. She should have stopped driving she should have pulled over instead she ended up going five and a half miles during which time she swerved all over the highway. And eventually sites like the tractor trailer. And of course defense before the trial began asked for this case to be thrown out. Has the fact that she of the Kennedy hurt or helped her in court and also lead in this -- trial. You know it it's impossible to read how the jury believes did -- this Kennedy mystique. -- will affect the outcome with -- they undoubtedly see Ethel Kennedy sitting right there in the front row the spectators gallery -- They see the other members of the Stanley. But whether they are impressed or whether they're like hey we're gonna stick it to -- to she's a Kennedy. And and and -- -- -- advantage is all their lives having who knows but ultimately the judge is trying to keep it focused on the evidence the defense was clear they said -- -- didn't want any advantages because she's a Kennedy but neither did -- want to be punished and and as we save yourself the defense believes. That she is in fact be punished in and perhaps being held more to account. And then would be the case or on misdemeanor driving long -- -- And with that said Aaron did defense attorneys try. To make a plea offer with the prosecution. You know. Officially. Those proceedings we we wouldn't know -- but but we've learned a couple of things one night they did I think tried to arrange some kind of deal or at least. To get the case thrown out as many other similar cases might ordinarily be. In this particular case the defense says it was told by prosecutors. They didn't want but the public appearance of lending -- Kennedy off BC. And so they persisted and that's why we find ourselves at this courthouse for this trial which is now in its second day. So of course where we stand now prosecutors need to finish their case but the defense only plans to called two witnesses once they get their shot. An expert on sleeping medication location and what we're hearing Kerry Kennedy herself. Kerry Kennedy herself for sure her attorney says plans to take the stand in her own defense. We'll hear an expert who helped get and be -- approved by the FDA and then we may hear a couple of character witnesses including. A priest who showed up at court today Kerry Kennedy whispered to the court officer that. Hey he's one of -- my witnesses and so he has to wait outside. Aron winter ski thank you so much I know that you'll be in court this afternoon and we look forward to your reports. ABC there and winter -- outside the courthouse in White Plains. Thank you for joining us you can get a complete recap and update right here on For now I'm Michelle Franzen -- New York with this ABC news digital special report.

This transcript has been automatically generated and may not be 100% accurate.

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