The defense attorney for an admittedly drunk driver -- who police say fatally hit one man and critically injured another in October 2006 -- said he is preparing to show the jury today that the victims were the individuals at fault.

Defense attorney Joseph Amendola has conceded that his client, Anthony Torsell, 20, was under the influence of alcohol while driving and did strike Penn State student Aaron Stidd and visitor Richard Smith with his Buick Skylark.

However, he said Torsell was not at fault because a sober driver would have also hit the two men who were walking against traffic at the Beaver Avenue crosswalk on South Atherton Street.

Stidd, 21, and Smith were both transported to Mount Nittany Medical Center, where Smith, 21, of Conshohocken, was pronounced dead because of blunt force trauma to the head, according to the coroner's report. Torsell is charged with vehicular homicide while driving under the influence, aggravated assault while driving under the influence and driving under the influence.
Amendola said an expert will testify that under the rainy conditions of the evening, any sober driver could have easily hit the men.

The traffic light was green when Torsell hit Stidd and Smith in the early morning of Oct. 28, 2006, and the two men were crossing the street against the walk signal, according to police reports.

"Everyone is forgetting that Stidd and Smith also consumed alcohol that night," Amendola added.

The prosecution's case hinges on Torsell's alleged reckless driving. Police said Torsell was speeding at 57 miles per hour in a 35 mile-per-hour zone. Upon questioning after the accident, Torsell admitted to eating McDonald's while driving and drinking five beers and two shots of Jagermeister that evening, police said.

Torsell was also taken to Mount Nittany Medical Center after the incident, where he agreed to a blood test and was found to have a .242 blood-alcohol content.

On Thursday, Amendola talked to the prosecution and the trial's presiding judge about the emotional influence of Stidd's presence in the courtroom.

"It's just going to generate emotion and animosity towards Torsell, and that's what makes it unfair," he said.

The incident left Stidd critically injured -- non-verbal and immobile. Since the accident, he has learned to communicate with his family through body language, motioning with his hands or nodding his head. He is currently being treated at HealthSouth Rehabilitation Hospital in Altoona.

Stidd's mother, Connie, said on Thursday that she had heard of the possibility of the defense moving to bar her son from trial. Centre County District Attorney Michael Madeira said that, as a victim, Stidd has the right to attend the trial.

Amendola said he agrees Stidd has a right to hear the proceedings, but "the person with the most rights is the defendant."

"It's heartbreaking to see a young person in that condition and it has nothing to do with who caused the accident," Amendola said. "We're all struggling with it because it involves three
young people who are good."