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Drunken Day Depicted at Insurance Agent’s Murder Trial

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<i> Times Staff Writer </i>

Business associates of James Benjamin Masoner, accused of a drunk-driving crash that killed a 4-year-old girl as she slept in her home, said in court Friday that they drove Masoner home before the accident because he had been drinking for hours.

Testifying at Masoner’s murder trial, insurance executives Daniel W. Monnin and Thomas J. Barber described March 4 as a day of mixing alcohol and business. It included cocktails during a long lunch at a Sunset Boulevard restaurant, drinks after lunch and a late afternoon reception on Wilshire Boulevard.

Near Masoner’s home that night, as Monnin and Barber talked nearby, Masoner got into his 1983 Chevrolet Camaro and started downhill on Broadlawn Drive, near Universal City. He failed to make a sharp turn and crashed into a house in the 3800 block of Broadlawn, killing Jessica Shaner, who was asleep on a sofa in the den.

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Masoner, 47, is being tried in Los Angeles Superior Court on charges of second-degree murder, gross vehicular manslaughter and felony drunk driving. Police have said they measured his blood-alcohol level at 0.23% two hours after the crash, more than twice the California standard for drunkenness of 0.10%.

Masoner has pleaded not guilty to the charges and contends that his car went out of control because its accelerator jammed.

Monnin, 30, said he and Masoner met at Neal Lloyd & Co. West, an insurance office where Masoner worked as a salesman. Monnin is a vice president of the company’s parent firm in Chicago and was in Los Angeles on business.

The two were joined by three other men, including Barber, at 12:30 p.m. for lunch at Le Dome on Sunset Boulevard. Masoner had two martinis at lunch, Monnin said.

Monnin said he himself drank “either two or three” Bloody Marys at lunch, and Barber, 47, told the Los Angeles Superior Court jury he consumed three drinks made with Scotch.

“We discussed some business and some small talk,” Barber said during questioning by prosecutor John K. Spillane. “We had a few cocktails and then we had lunch.”

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After eating, Monnin, Masoner, and another man went to the restaurant bar and began drinking champagne, said Monnin, who also drank “one or two” vodka tonics, he said.

About 4:30 p.m., Masoner, Barber and Monnin met again at the Los Angeles Club on Wilshire Boulevard at a reception sponsored by Allianz Underwriters Insurance Co., where Barber is a vice president.

Neither Barber nor Monnin said they saw Masoner drinking at the reception, but Barber, of West Los Angeles, said he had three “light Scotches” there, and Monnin said he drank “two to three” more vodka tonics.

Monnin told jurors that Masoner approached him at the reception and “was kind of wavering.”

As the affair came to a close about 7:30 p.m., Monnin and Barber were asked by someone to “help Jim get home,” Barber testified.

Barber said he saw Masoner sitting in a chair “somewhat leaning to one side . . . more or less staring off, blankly.”

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Barber and Monnin agreed that one of them would drive Masoner home and the other would follow in another car, they testified.

After a two-hour trip that included stops for directions and coffee, the three men arrived in a cul-de-sac near Masoner’s home, uphill from the Shaner home. Monnin said he and Masoner got out of Masoner’s car, leaving the keys in the ignition. Monnin walked to Barber’s car, and “the gist of the conversation was to the effect that we’d gotten (Masoner) home,” Monnin said.

But as the men talked, Monnin said, Masoner climbed back into his car and drove away.

Barber and Monnin discovered the accident as Barber drove down the hill in pursuit of Masoner because, Barber said, “I figured, in the condition he was in, he might be in an accident.”

Masoner’s auto crashed through two rooms before coming to a rest in the master bedroom.

Jessica’s mother, Barbara, and infant brother, Morgan, were hurt slightly. Her father, Timothy, testified Friday that he awoke from a nap to see the car inches from his face. “I thought it was a plane,” he said.

The Shaners have filed a lawsuit against Monnin, Barber, their employers and Masoner.

The trial is scheduled to resume Monday.

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