Frank Cassese comments on the new Netflix hit, The Crash

The documentary delves into the details surrounding a horrific car crash in nearby Strongsville, Ohio in 2022 that took the lives of 20-year-old Dominic Russo and Damion Flanagan aged 19 and left the driver of the vehicle which hit a brick wall at 100 MPH, 17-year-old Mackenzie Shirilla critically injured.

Initially regarded as a tragic accident, forensic evidence from the car’s “black box” and statements given to police by friends of Shirilla and Russo who had been in a romantic relationship for years, soon mae the 17-year-old survivor the subject of a homicide investigation.

Eventually, Shirilla was indicted on 12 counts, including murder and aggravated vehicular homicide.

During her trial in 2023 she claimed she had blacked out while driving due to Postural Orthostatic Tachycardia Syndrome (POTS), a medical conditioin which causes dizziness, rapid heartbeat, fainting, and loss of consciousness.

The judge presiding over the bench trial—Shirilla chose not to have a jury trial—found her guilty on all counts. She was sentenced to life in prison with the possibility of parole after 15 years.

According to respected criminal defense attorney Frank Cassese, in the vast majority of cases like this, Shirilla would have been charged with aggravated vehicular homicide. You can watch the segment here: https://youtu.be/nB1gEuixxhY

In this instance, however, Shirilla was charged with aggravated murder. He said it was interesting to watch how the detectives investigating the crash constructed the case.

They started by examining data from the vehicle’s black box which revealed she was traveling at 100 MPH and never hit the brakes before hitting the wall.

They also have a of the car roaring down the street just before the crash. The video doesn’t show the impact, but it can be heard clearly.

The police then dissected Shirilla’s vast social media presence.

Her friends maintain that Shirilla was simply following the trends that attract followers. But some people viewing the content could have come away with the impression that whe was cold, calculating, and callous.

According to Atty. Cassese, Shirilla has all but exhausted her appeals. And while he doesn’t like to Monday Morning Quarterback decisions made by other lawyers, he says he would have opted for a jury trial rather than having the case heard by a judge.

He also commented on whether the documentary would influence the judges who are considering her final appeal.

For better or worse, this kind of documentary and other true crime shows are a fact of life in today’s legal system.

Look at the Karen Reed trial. She did a documentary before her first trial which ended in a hung jury and the start of her second trial which resulted in an acquittal. So, maybe it worked to her advantage.

In Shirilla’s case, her social media and the documentary have generated interest in and contributions to her Go Fund Me page so she has the money she needs to hire attorneys to continue to fight her conviction. So all the attention is, in a manner of speaking, paying off.

Frank concluded by noting that Shirilla’s father who is a teacher was put on administrative leave by the school district he works for because of comments he made during interviews that appear in the film. I’m interested in how that will play out because honestly, it was a father using his First Amendment rights to defend his child. Frankly, that’s what he’s supposed to do.

But at the end of the day, I feel for the people on both sides because they all lost so much.

I really do recommend the film and I urge everyone to set aside the time to watch.

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