Media urged to be patient in tot's death trial

The lawyer for a woman charged in connection with the death of a four-year-old girl in a 2008 traffic accident has asked for patience from the news media during what is expected to be a lengthy trial.

"We have to try that case in the court not in the court of public opinion, but in the court of law," David Tarnow outside B.C. provincial court in Surrey, as the accused, Carol Berner, stood silently behind him.

Berner, 57,is charged withdangerous driving causing death and bodily harm andimpaired driving causing death and bodily harm in connection with the death of Alexa Middelaer.

Berner hadtried to avoid an intense crush of news cameras Monday and Tuesday while entering and leaving court. Tarnow finally agreedto allow pictures to be taken of his client as long as she was not asked questions.

She was driving a vehicle that left a rural road in Ladner, killingMiddelaer and seriously injuring her aunt, Daphne Johanson, as they stood near the road petting a horse through a fence.

Tarnow said Berner was "extremely sorrowful" for the Middelaerfamily's loss but was not criminally responsible for what happened. Berner has not denied driving the car but has pleaded not guilty to the charges in the highly emotional case.

Both the girl's parents and the accused broke down in court Tuesday as witnesses testified aboutthe girl'sfinal minutes.

Witness testifies

"We were on scene, and we could witness from afar," said Alexa's mother Laurel Middelaer. "But to hear close-up what actually happened was really tough. So, there were a lot of tears today."

Gord Rasmussen testified he was at a barbecue when he heard screeching tires and then a loud crash.

He said he ran to street where he said he saw a red car crumpled against a power pole withBerner behind the wheel, repeatedly saying, "Oh, my God."

As he looked around, Rasmussen said, he saw a woman on the ground, her chest crushed and shattered glass on her face.

Rasmussen said he heard someone yell "check on the baby," and that's when he saw Alexa, pieces of broken fence on her motionless body.

When hefound she wasn't breathing, Rasmussen testified,he said to her, "C'mon, sweetheart, take a deep breath."

He said she tried, but it made a horrible sound.

"Alexa was a little fighter," her mother said outside the court. "It's nice to hear that she did fight a little bit and try to keep alive, but that's tough to hear."

Alexa's family praised the witnesses and first responders for doing all they could to try to help their daughter. That help allowed them to donate Alexa's kidneys and liver.

The trial continues Wednesday.