MARTINSVILLE, Ind. A woman accused of killing seven people by driving the wrong way on a highway never hit the brakes as at least nine drivers swerved to avoid her car before it crashed into a minivan, a prosecutor said Monday.
Witnesses will testify that Judy Kirby was suicidal and accelerated rapidly just before the March 25, 2000, crash in the southbound lanes of Indiana 67 near Martinsville, prosecutor Terry Iacoli said in his opening statement.
The evidence will also show the defendant never made any efforts to get off the road. Not a single witness ever saw a brake light come on, Iacoli said.
Kirby, 32, is charged with seven counts of murder in the deaths of three of her children, a nephew traveling with her, and the minivan driver and two of his children.
The defense admits that Kirby passed several oncoming cars that had to swerve, but said she was unable to respond because of her mental problems. The defense argues that a thyroid imbalance left Kirby delusional and unable to intentionally cause the crash. They also said she was unfamiliar with the highway.
She doesn’t respond the way many of us would because she has a disease, an illness, Kirby’s lawyer, Jennifer Auger, said in her opening statement.
The highway access road used by Kirby can cause motorists to mistakenly drive northbound into southbound lanes, Auger said, calling it a death trap. Residents will testify other motorists frequently have made the same mistake Kirby did, Auger said.
Jurors were to visit the access road Monday afternoon.
Kirby had a dramatic change in her personality in the months leading up to the crash. She was hospitalized three weeks before the crash but released without the proper medication, her attorney said.
This is a case about negligence of doctors and hospitals, Auger said.
Auger had previously claimed Kirby was suffering from postpartum depression after giving birth five months before the crash. She unsuccessfully sought to have Kirby declared incompetent to stand trial.