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No Charges Filed Against Trooper's Stepson After Fatal Crash

Family Questions Investigation, Why Driver Was Not Charged

POSTED: 10:19 am EDT March 12, 2008
UPDATED: 2:02 pm EDT March 12, 2008

Serious questions are being raised about the way Pennsylvania state police investigated a fatal car crash.


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It involved a state trooper's close relative.

The accident left three children without their mother.

For the first time, they told their story only to NBC 10's Lu Ann Cahn and the NBC 10 Investigators.

The police report said witnesses saw the driver weaving on the road, but he walked away from a fatal car crash without a traffic ticket. The driver is a state trooper's stepson. When you hear the rest of the story, you may be asking the same questions as 15-year-old Macaulay Glynn.

"It wasn't fair that I was 12 and I had to go to sleep at night thinking where's the man who killed my mother," 15-year-old Macaulay Glynn said.

Her mother was a college English professor and a single parent of three.

"She was charismatic, outgoing," daughter Kerry Glynn said. "Definitely her kids came first in her life, always."

Diane Glynn was traveling on a highway outside of Scranton, Pa., on her way to work when a truck slammed into her car head-on, the NBC 10 Investigators reported.

"Probably the worst feeling in the world (is) to tell two little kids they are not going to see their mother again," Kerry Glynn said.

The driver of the other vehicle was 22-year-old Dean O'Halloran. His stepfather is a corporal for the state police, O'Halloran said in a sworn statement.

State police investigated the fatal accident. Police reports showed O'Halloran was seen weaving before the accident but police didn't administer a blood-alcohol test.

Wayne County District Attorney Michael Lehutsky said the officer didn't smell alcohol on O'Halloran's breath.

"The fact that there's an accident or that you have one indicator such as weaving is not enough probable cause for a police officer to submit to a blood analysis," Lehutsky said.

Though police didn't do a test, the hospital did. The report showed several hours after the accident that O'Halloran's blood-alcohol level of 0.149 percent was almost twice the legal limit, the NBC 10 Investigators reported.

In a deposition for a civil lawsuit when asked if he had consumed any alcoholic beverages, O'Halloran declined to answer, invoking his fifth amendment rights again self-incrimination.

Three hours before the fatal accident, O'Halloran was involved in a hit-and-run accident in another county, the NBC 10 Investigators reported,. Again, the stepson of a state trooper wasn't charged with anything, he was not given a traffic citation.

If you watched the local news that day, you would have never seen pictures of the crash. That's because state police did not put out a standard press release.

"It just makes this look more suspicious and it does need to be looked into," Lehutsky said.

"Either Dean O'Halloran got some preferential treatment that day," said Mark Tanner, a Philadelphia attorney who represents Diane Glynn's children. "Or it was one of the most inept investigations that one could imagine."

Tanner recently settled an $11 million civil suit against O'Halloran and the company he worked for.

NBC 10 went to O'Halloran's home, but was not able to reach him or his attorney for comment.

"Nothing will ever be enough. My mom will never be back. I will never see my mother again. There's no monetary value you can put on the life of a mother," Macaulay Glynn said.

The money will allow Kerry, now a school teacher, to afford to raise her younger sister she's adopted.

It will help secure the future for their younger brother now living with a relative, but they said it won't give them justice.

"Prosecute him. Something has to be done. I don't sleep at night because of it. I don't think he should either," Kerry Glynn said.

The Wayne County District Attorney said he will look at the new evidence the Glynns' attorney has uncovered. State police said after three years, the accident investigation is continuing. Internal affairs is looking at it as well.

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