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Family wants harsher penalty for fatal crash

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WHITE OAK, Pa. — A former state Supreme Court justice was issued three traffic citations after the car she was driving turned in front of a motorcycle, killing that driver.

Cynthia Baldwin also gained recognition as the attorney for Penn State during the Jerry Sandusky trial.

The tickets total about $300 in fines, and the man’s family said his life was worth much more.

"There's never going to be a price on his life," said Destiny Daugherty. Her father Chester was killed last September in White Oak, when the motorcycle he was on crashed into a car that pulled in front of him.

His wife, Carol Daugherty, is now searching for answers. "How could you not see somebody?" she said.

The woman behind the wheel was Baldwin. 11 Investigates found she was only just given three traffic tickets for the crash in March, six months after it happened.

"I suffer anxiety driving, knowing that she is still out there, not getting jail time," Destiny Daugherty said.

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"A citation is not unusual, even if someone dies," said Channel 11 legal analyst analyst Phil Dilucente said it’s not uncommon for an investigation to take as long as this one did. He doesn’t have anything to do with the case, but said investigators look at factors of both drivers like speed and any blind spots.

"People may lend themselves to the belief that because someone is a judge or lawyer, doctor, special practices, that's not the case," Dilucente said.

Baldwin's attorney told Channel 11's Catherine Varnum it was inappropriate for him to comment on a pending court case.

The Allegheny County District Attorney's Office released the following statement:

"The homicide prosecutor who reviewed the file provided to us by White Oak Police had no idea that this particular Cynthia Baldwin was the Cynthia Baldwin who was formerly a PA Supreme Court Justice.
 
We were given the file on October 17, 2016 and the memo with our findings was prepared on February  8, 2017.  There could be any number of reasons for why it took four months including the workload that the reviewing prosecutor had as well as their schedule of personal or off time in that four month period.
 
Be advised that the Allegheny County Police Homicide Unit and Accident Reconstruction Unit were not involved in the reports provided to us by the White Oak Police and they would have to provide you answers on why that was so.
 
Our review of the reports led us to conclude that Ms. Baldwin could not be charged with homicide by vehicle because at the time of the accident she was not operating her vehicle in a reckless or grossly negligent manner.  Similarly, Ms. Baldwin could not be charged with involuntary manslaughter because her conduct was not reckless or grossly negligent.  
 
We did conclude that she could be charged with the three summary offenses of Title 75  3324, Duty of Vehicle entering or crossing a highway, Title 75 3322, Vehicle Turning Left, and Title 75 3714 (b) Careless Driving resulting in an unintended death."
 
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