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People v. Abdoush10/20/2005
and injury also cut the right carotid artery. The right carotid artery was cut so there's no blood to the brain so half of the brain was dead and swelling and the deceased, she also has a broken leg and also abdominal injuries and then the cause of death was due to those multiple injuries, head and legs and then abdominal injuries.
Dr. Kanulen concluded that the cause of death was homicide, and that the victim's injuries, including the internal carotid artery dissection, were consistent with the victim being hit by a van. Dr. Abdul J. Alkhafaji, defendant's medical expert, agreed that the cause of death was a stroke as a result of a carotid artery injury. He testified that when arriving at the emergency room, the victim's injuries were not life threatening, that the victim had improved after receiving reparative procedures, and that she "possibly" could have survived with proper medical treatment. Dr. Alkhafaji essentially opined that the carotid artery injury could have occurred by the improper insertion of a needle into a blood vessel in the area of the carotid artery. He noted that carotid artery injuries are rare unless there is a fracture of the cervical spine and, here, there was no cervical spine injury that could have caused the dissection. Dr. Alkhafaji testified at length regarding the medical treatment the victim received, and concluded that the victim's death was the result of medical errors.
In March 1998, defendant was arrested after the police discovered that he was the driver of the van. Sadik Gabril testified that, in January 1998, he sold defendant a van. Kevin Hermz, defendant's co-worker who observed the sales transaction, testified that before trial, defendant called him and told him not to say anything about the van. Mohammed Al-Siamer testified that, on the day before the incident, defendant borrowed his license plate (PLL 903) to drive a recently purchased van. When the license plate was not returned in two hours as Al-Siamer expected, he unsuccessfully attempted to locate defendant around midnight. Between 6:00 and 7:00 a.m., Al-Siamer went to defendant's home, observed damage on the front of the van, blood on the ground, and blood on the van's front bumper and rim. According to Al-Siamer, defendant stated that, on the previous night, he had hit someone on Michigan Avenue when the person suddenly appeared in front of him. Defendant showed Al-Siamer blood on the van's headlight, fender, and wheel. In response to Al-Siamer's inquiry about defendant reporting the incident, defendant allegedly said that he did not think the person would die and that he was going to wash the van. Eventually, Al-Siamer told the police that he loaned his license plate to defendant, and that defendant stated that he hit a person. The police observed the van in front of defendant's house, and noted that the debris collected from the crime scene was consistent with the damage to the van.
II. SUFFICIENCY OF THE EVIDENCE
Defendant challenges the trial court's denial of his motion for relief from judgment on the basis that the evidence was insufficient to convict him of second-degree murder. We disagree.
A. Standard of Review
This Court reviews a trial court's ruling on a motion for relief from judgment for an abuse of discretion, and the findings of fact supporting its ruling for clear error. People v McSwain, 259 Mich App 654, 681; 676 NW2d 236 (2003). The trial court may not grant a motion for judgment relief if the motion alleges grounds for relief, other than jurisdictional defects, which could have been raised on appeal or in a prior motion, unless the defendant demonstrates good cause for failing to raise such grounds before, and demonstra
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