Defense Says Hazelwood Is Not Liable as Mate Controlled Ship

A judge on Wednesday refused to dismiss charges against Joseph Hazelwood after the prosecution rested its case and the defense offered a new theory on why the former Exxon Valdez skipper should be cleared.

Attorney Dick Madson argued that Hazelwood should be acquitted of the charge of operating the vessel while intoxicated because he technically was not in control of the tanker when it went aground March 24, causing the nation’s worst oil spill.

Basing his argument on case law involving drunken driving, Madson said Hazelwood’s decision to go below and turn over control of the bridge to the third mate absolves him from responsibility whether he was drunk or sober.

“The state is charging Capt. Hazelwood with being intoxicated and operating a vessel,” Madson said. “Under the law for driving while intoxicated, he has to have direct control. . . . Nowhere at all can I find a case that an intoxicated person can be convicted of DWI when they do not control the vehicle.”

Assistant Dist. Atty. Brent Cole said Coast Guard regulations clearly require the captain to be sober, no matter where he is on the ship.

Superior Court Judge Karl Johnstone refused to drop the charge, saying “reasonable minds can differ” on the allegations. He also declined to dismiss the felony charge of criminal mischief and two other misdemeanors, reckless endangerment and negligent discharge of oil.

Hazelwood’s defense opened with testimony from a Valdez flower shop owner who said the master bought flowers to be sent to his hometown of Huntington, N.Y., on March 23, before he sailed.

Emily Kaiser said she remembered Hazelwood because she also is from Huntington and they talked at length about their hometown. She said he showed no signs of intoxication: “He was sober.”

The prosecution rested its case after Madson tried to poke holes in an expert’s testimony that Hazelwood was drunk while in command of the oil-laden ship.