29-foot vessel<\/a> and testified that nine seconds before impact, the boat was traveling about 47 miles per hour.<\/p>\n\u201cPassenger nine, Lucy, passenger two, Mia, would you expect them to have potentially more injuries than the people that were in the center console on the port side of the vessel?\u201d asked a prosecutor.<\/p>\n
\u201cYes,\u201d said Alber.<\/p>\n
He said that the top speed of the vessel, with a light load, would be around 50 miles per hour.<\/p>\n
\u201cOh, not a load of, say, 14 people?\u201d asked a prosecutor.<\/p>\n
\u201cCorrect,\u201d said Alber.<\/p>\n
Prosecutors argue that Pino had a clear view of the channel marker before the crash.<\/p>\n
Pino\u2019s defense attorney also had a chance to cross-examine Alber. They argued that high tide played a role in what they believe was a tragic accident and that Pino did not have a clear vantage point of the marker.<\/p>\n
\u201cSo that marker to the operator\u2019s view is going to look lower when it\u2019s high tide?\u201d asked a defense lawyer.<\/p>\n
\u201cA little bit, yes,\u201d said Alber.<\/p>\n
\u201cOn Sept. 4, 2022, at 6:37 p.m., it was high tide, wasn\u2019t it?\u201d asked the defense lawyer.<\/p>\n
\u201cIt was close to high tide, I believe, yes,\u201d said Alber.<\/p>\n
\u201cThe entire event, until we were here in this courtroom today, you assumed that the accident happened at low tide?\u201d said the defense attorney.<\/p>\n
\u201cI didn\u2019t make any assumptions because I didn\u2019t consider that the minor difference in a foot or two of water level to play a factor in the collision,\u201d said Alber.<\/p>\n
Before the court wrapped up for the day, a medical examiner also testified about Lucy\u2019s cause of death.<\/p>\n
As members of Lucy\u2019s family heard the testimony, cameras captured them becoming emotional.<\/p>\n
\u201cThe cause of death in this case was determined to be drowning. I would have used slightly different language, complications of drowning,\u201d said Dr. David Garavan, a forensic pathologist.<\/p>\n
The trial is expected to continue on Tuesday morning.<\/p>\n
Copyright 2026 Sunbeam Television Corp. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.<\/p>\n
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