The trial of an Omaha surgeon accused of racing down Dodge Street in 2023 before losing control of his Mercedes and causing a fatal crash is set to begin Tuesday.
In recent weeks, attorneys have sparred over the potential testimony of expert witnesses, some of whom are expected to claim that 62-year-old Mark Carlson fainted or otherwise suffered a medical emergency when his car crossed four lanes of traffic at more than 100 mph, killing 22-year-old Anna Bosma.
Carlson is charged with manslaughter, alleging he unintentionally killed Bosma while driving recklessly.
A spokesperson for the University of Nebraska Medical Center, where Carlson works as a professor, said his employment status is "unchanged," while a spokesperson for Nebraska Medicine said Carlson is on leave and not seeing patients.
According to court documents and prior statements by prosecutors, police responded to a two-car crash at 62nd and Dodge Streets at around 10:30 p.m. on Sept. 1, 2023. Bosma, who was driving a Chevrolet Cruze, was declared dead at the scene. Carlson, who was driving a Mercedes E63 AMG, and a passenger in Bosma's car were taken to the hospital with traumatic injuries.
Citing witness interviews and security footage, prosecutors allege that Carlson was either racing or engaged in a "road rage incident" with Cameron Robinson, a 27-year-old driver of another car. Robinson does not face charges in connection with the crash.
After passing University Drive East, Carlson's Mercedes left the roadway and struck a metal light pole on the north side of Dodge Street with the rear passenger side of his car. He then crossed four lanes of traffic before entering the farthest eastbound lane and colliding with the Chevy Cruze.
About two seconds elapsed from the time Carlson hit the light pole to the impact with Bosma's car, according to data obtained from the Mercedes' airbag control module.
The data also showed that Carlson never took his foot off the gas pedal, according to the affidavit. At the time of impact with the light pole, he was traveling 106 mph with 100% acceleration. As Carlson crossed the four lanes of traffic, half a second before hitting Bosma, he was traveling 101 mph with 100% acceleration.
Carlson was seriously injured in the crash, sustaining eight broken ribs, a fractured pelvis and various other internal injuries, according to previous statements from his attorney. He was released from jail shortly after his arrest after paying bail in the amount of $22,500.
Attorneys spar over expert witnesses
Attorneys agree that Carlson lost control of his vehicle in the 7 seconds preceding the crash. But why he lost control is likely to be the central question at trial.
Defense attorneys say the critical issue is whether or not Carlson was conscious in the moments preceding the crash. They contend he suffered a syncopal episode, or fainted, with his foot on the gas pedal. Prosecutors say Carlson was engaged in "sporty driving," racing or road rage before losing control.
Crime Omaha surgeon, professor charged with manslaughter after fatal Dodge Street crash Molly Ashford
Both sides have retained expert witnesses to testify to their version of events, and both filed motions seeking to exclude the other side's experts from testifying. On Friday, Douglas County District Court Judge Duane Dougherty made a series of rulings on the issues.
The medical experts for both the defense and the prosecution will be prohibited from testifying about the likelihood of Carlson fainting before the crash, since Dougherty found neither expert can do so with a degree of medical certainty. The experts can still testify about Carlson's history with syncopal episodes, and the triggers and symptoms of the condition.
Similarly, both accident reconstruction experts will not be permitted to testify about Carlson's unconsciousness or consciousness before the crash. They will be allowed to testify to their examinations of data from the Mercedes' event data recorder, and whether they believe the data is indicative of an active driver or an unconscious one.
Another piece of evidence at issue is the lane-keep assist function on the Mercedes, a function that keeps a vehicle in its lane. The state's accident reconstruction expert said in depositions that the lane assist function was not activated before the crash, while the defense expert said it was. Both will be able to share these opinions at trial.
The final pretrial order pertained to Carlson's therapy records, which defense attorneys sought to exclude from trial after they were handed over to prosecutors during the discovery process. The parties agreed that the records will be used at trial only for impeachment purposes if Carlson decides to testify in his own defense.
Carlson and Robinson are separately being sued by Bosma's family for her funeral and burial expenses, totaling about $22,000. In an answer to the complaint, Robinson admitted to driving "at speeds exceeding the speed limit" but denied that his excessive speed caused Carlson to crash. In his answer, Carlson denied driving recklessly or at excessive speeds.
Bosma graduated from South Dakota State University in the months before her death, according to her obituary, and had just begun an occupational therapy doctorate program at the University of South Dakota. She had a deep love for animals and recently started a Facebook group to organize gatherings for people in Sioux Falls who owned Bernese Mountain Dogs.
"She was greatly loved, and she loved greatly in return," her obituary said.
Crime Omaha surgeon, professor charged with manslaughter after fatal Dodge Street crash Molly Ashford