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Mostly Cloudy Court upholds Heidgen conviction
Judges reject 'too intoxicated' defense
The New York State Appeals Court has backed the 2006 murder conviction of Martin Heidgen, the Valley Stream man who drove drunk the wrong way on the Meadowbrook Parkway, killing two in a head-on collision.
In its decision handed down on Nov. 21, the panel of seven judges upheld the jury’s decision by a 5-2 vote. Heidgen’s attorney had argued that he was too intoxicated to be convicted of depraved indifference murder.
On Oct. 8, three cases involving depraved indifference murder were argued in front of the Appeals Court. Jillian Harrington represented Heidgen, with Maureen McCormick, of the Nassau County District Attorney’s Vehicular Crimes Bureau, arguing to uphold the conviction.
Nassau County District Attorney Kathleen Rice said she was pleased with the decision of the court. “There are times when this crime is murder, and we have to be willing to call it that when we know it will save lives,” she said. “Hopefully this ruling will give other prosecutors the legal confidence to push for murder convictions for the worst of the worst drunk drivers. We have a long way to go but this is a monumental victory in our fight for safer roads.”
On July 1, 2005, the pickup truck Heidgen was driving slammed into a limousine in the southbound lanes of the Meadowbrook Parkway. Killed were the driver, 59-year-old Stanley Rabinowitz, and 7-year-old Katie Flynn, of Lido Beach, who was heading home from a wedding with her family.
Heidgen’s blood alcohol level was .28, more than three times the legal limit. Harrington said that he was too intoxicated to know that he was on the wrong side of the road, and therefore should not be convicted of depraved indifference murder. She requested that Heidgen receive a more appropriate sentence. He is currently serving 18 years to life in jail.
In the opinion written by Chief Judge Jonathan Lippman, the supporting judges stated that while intoxicated driving is not usually thought of as “quintessential” depraved indifference behavior, prosecution for depraved indifference murder is warranted in egregious circumstances.
