... woman denied bail in vehicle homicide
MARLBOROUGH, USA -- Naomi McCarthy, the Woburn woman accused of driving drunk and killing a Ghanaian immigrant, 37-year-old Issoufou Zerne, changing a tire on I-290 Monday night, was denied bail yesterday for skipping out on court appearances and being charged with her third drunken driving offense only three weeks after her probation ended.

"She's defaulted on every case she's had," District Court Judge Paul McGill said at a Marlborough District Court hearing to determine if McCarthy is a danger to the public. "She doesn't show up when she's supposed to. (And) within a couple of weeks of being off probation, she was already drinking again."

McCarthy, 39, is charged with operating under the influence of alcohol and vehicular homicide in the death of Zerne.

She is also charged with leaving the scene of personal injury and death and failing to stay within marked lanes.

McCarthy has two previous drunken driving convictions, in 1990 and 1999.

State police believe Zerne had pulled into the breakdown lane on I-290 eastbound to change a tire when he was hit.

After the accident, McCarthy hitched a ride with a Hudson couple who dropped her off at the Hudson Stop & Shop supermarket.

State Trooper James Canty, who arrested her, testified yesterday that McCarthy had slurred speech and bloodshot eyes when he saw her at Stop & Shop. She failed sobriety tests and McCarthy's blood alcohol level was .11, he said. The legal limit is .08.

Assistant District Attorney Andrea Nardone asked Canty if McCarthy ever asked about Zerne and he said only once when she said, "Is that guy dead?"

Nardone also pointed out McCarthy left the scene without calling police. When arriving at Stop & Shop, McCarthy called a taxicab and told Canty that night "she was going to go home and get her act together."

"She spent those minutes thinking what would be best for her, not for Mr. Zerne, who was lying on the side of the road," Nardone said. "She has complete disregard for human life."

Pointing out that McCarthy's windshield was shattered and her airbag deployed, defense attorney Virginia Lawton Duffett questioned if her confused, incoherent behavior and slurred speech could have been a result of a concussion.

"She was dazed and confused. We don't know if she struck her head," she said.

Duffett added that McCarthy never mentioned anything about alcohol to Paul or Kerry Flipse, the couple who picked her up.

"You don't know if she consumed the alcohol after the incident."

Arguing that McCarthy would not be a danger to the public, Duffett said she doesn't have a license or a car and her family, who also live in Woburn, would take her in.

McCarthy also was never arrested during her prior probations, Duffett said.

Instead of remaining in MCI-Framingham, Duffett suggested house arrest, with an electronic bracelet and random Breathalyzer tests.

However, Nardone said the bracelet would only provide evidence that she has already left and the Breathalyzer that she is already drinking.

"(McCarthy) is a menace when she's sober because she can't control her drinking and a menace when she's drinking because she can't control her actions," Nardone said. "She has a history of drinking and an inability to control drinking. The only way to protect the public is for her to be locked up in Framingham behind bars."

Tears filled the eyes of family and friends of both Zerne and McCarthy as they listened to the accounts of that night.

After McGill's decision, relatives of McCarthy didn't want to comment.

Friends of Zerne, a father of a 6-year-old son, felt a little solace that McCarthy wouldn't be back on the streets.
"She's a danger to the community," said Kwaku Ampomah, a friend of Zerne, after the hearing. "She defaults a lot. Look what can happen if she's let out."
Ampomah said he feels like McGill's decision to keep McCarthy behind bars provides a little justice for his friend.
The last week has been difficult for all Zerne's friends and family, Ampomah said.
"I can't even go to work," he said.
McCarthy will be back in court on Nov.21 for a probable cause hearing.