Closing statements heard in Wesley trial

By Kelly McCarthy

September 17, 2013 Updated Sep 18, 2013 at 1:13 AM EDT

Binghamton, NY (WBNG Binghamton) The case of a Binghamton woman accused of driving drunk in a triple-fatal car crash is now in the hands of a judge following closing arguments Tuesday in Broome County Court.

Jaclyn Wesley's trial has taken nearly a month to hear with multiple delays.

Prosecutors asked Judge Joseph Cawley to look at the "obvious answer" in the case against Wesley: That she "drove off the road because she was drunk."

Wesley is accused of driving with a blood-alcohol content of 0.13 in May 2011. She was behind the wheel of an SUV on Interstate 88 when it went off the road and into the Chenango River in the town of Fenton.

All three passengers died. The bodies of Carri Michalski, 39, Robert Moorehead, 25, and Robert Marshall, 45, were later recovered from the river.

Family of the victims were in the courtroom Tuesday to hear closing arguments.

Defense lawyers say it's impossible to prove Wesley's actions were not caused by a combination of alcohol and prescription drugs.

But, the defense argued other factors could have caused the fatal crash. It was a wet and foggy night and the rear brakes of the SUV were not working. During her lawyer's statements Wesley was tearing up in the courtroom.

The prosecution says there is no evidence that her prescription medication caused other side effects like drowsiness. Lawyers insist that her high BAC should be enough proof.

They argue there were no visible signs at the crash scene -- like swerving or tire marks that show Wesley even tried to use the brakes.

Cawley says he will deliver his verdict at 10 a.m. Tuesday.

Wesley is charged with three counts of vehicular manslaughter, driving while intoxicated and driving with a blood-alcohol content greater than 0.08.