Driver of car that struck National Grid worker in '19 found not guilty of motor vehicle homicide

WORCESTER — A 74-year-old North Brookfield woman was found not guilty Jan. 9 in the death of a National Grid worker who was struck by a car on Route 9 in Spencer on July 31, 2019.

Madeline Polselli of 12 Lakeview Road, North Brookfield, was found not guilty of motor vehicle homicide by negligent driving and negligent driving in a jury trial in Central District Court before Judge Michael G. Allard-Madaus.

In addition, a charge of motor vehicle homicide by reckless driving was dismissed, while a charge of failing to slow was filed with a responsible finding.

Polselli struck Paul Germano, 50, a dig safe technician for National Grid from Dudley, with her 2019 Nissan Juke just before 10:30 a.m. as she headed east on Route 9.

Germano was marking pipe for an upcoming construction project near Greenville Street when he was hit by the car. There was no police detail at the time, police said.

Other drivers told police that they clearly saw Germano, who was wearing a safety vest and marking the roadway for an upcoming construction project, court documents show.

Police: No sign of cellphone being used

At the crash scene, Polselli told witnesses she never saw Germano, a police report states. Police learned Polselli was headed to a methadone clinic in Worcester and had methadone the previous day. Court records show that police obtained a search warrant for Polselli's cellphone and did not believe she was texting at the time of the crash.

“This was an accident. It was tragic and it’s heartbreaking but it was an accident and accidents do happen,” Adam D. Schmaelzle, a lawyer for the defense, said. “Sometimes, there are situations where tragedy strikes without fault.”

After the verdict, Theresa M. “Terry” Hawksley of Webster, the victim’s mother, said she doesn’t feel that justice has been served in regard to her son’s death.

“Even though they found her not guilty, my thing is she still killed a person. There has to be some repercussions to that,” Hawksley said. “They took her license when the accident happened but that was it. So, it’s like, you can kill somebody with your car and you can get away with it, with nothing happening, not even a fine, not even nothing. I don’t understand the court system. I lost all respect for that.”

Hawksley said she is also disappointed that victim impact statements written by herself and her daughter (who is the victim’s sister), Diane C. Hanley of Marlborough, were never read in court. Traditionally, victim impact statements are read prior to sentencing. However, since Polselli was found not guilty, there was no sentencing.

“For over four years, you have had the privilege of living, enjoying your family and sitting around your table with your loved ones,” Hanley wrote in her statement. “In contrast, my family is left with nothing but an empty chair and trying to pick up the pieces and come to terms with the fact that Paul is no longer here with us.”

Germano died Aug. 12, 2019, at UMass Memorial Medical Center — University Campus from injuries he suffered in the accident, according to police.

His injuries included a severe head injury, brain bleeding, clots and swelling, along with possible shearing of the brain and brain stem, according to records.

“He had a very strong heart. Even when my daughter and I stayed while they took him off everything, that was 10 o’clock in morning. He didn’t pass until 11 o’clock at night. And it wasn’t a very peaceful one. He fought,” Hawksley said. “But, they said his brainstem was sheared. So there really was nothing. There was nothing.”

In addition to his mother and sister, Germano left a daughter, Taylor M. Germano of Webster; a brother, Anthony F. Germano of Webster; and a granddaughter, Aviana Germano, who was only 2 when he died.

“The apple of his eye, I tell you,” Hawksley said about his son’s relationship with his granddaughter.

Germano was born in Worcester. The family moved to Webster in 1977 and he graduated from Bay Path Regional Vocational Technical High School in Charlton in 1987. He lived in Thompson, CT for five years and Dudley for his last two years of his life.

He worked as a sales consultant at Harvey Industries in Auburn. He then was a gas pipe fitter for Neuco Company. At the time of the incident, he was working for National Grid as a dig safe technician, a job he held for the last 13 years.

“He was a hard, hard worker, always was,” Hawksley said. “Everybody wanted him on their crew.”

Paul was also a fitness fanatic since he was 15, who went in the gym every day and won a “two or three big trophies” in a national body building competition rough 15 years ago down the Cape, Hawksley said.

“He was in shape,” she said. “Not an ounce of fat on him.”

Hawksley said what she misses most about her son is her daily phone calls and his infectious sense of humor.

“He used to call me every day and holidays,” she said. “We sit around the table. He was a jokester, have us all laughing.”

This article originally appeared on Telegram & Gazette: Driver of car that struck National Grid worker in Spencer found not guilty