BUFFALO, NY (WKBW-TV) After four weeks of testimony, the prosecution has rested in the case of Dr. James Corasanti.
Defense Attorney Joel Daniels then made a motion to have all charges against Dr. Corasanti dismissed.
Daniels telling Judge Sheila DiTullio that the prosecution failed to prove their case, and while it was a tragic accident, it may have been caused by the actions of Miss Rice.
To emphasize that point, the first witness for the defense told the court that he almost hit Alexandria Rice with his car about 1/2 mile before she was killed.
20-year old Andrew Calabrese, said he was approaching the intersections of Dodge and Heim Roads in Amherst, when he saw a person moving only a few feet in front of his car.
Calabrese said he had to slam on the brakes and swerve his car to avoid hitting the teenage girl.
He then stepped out of his vehicle and yelled to the girl to see if she was alright; there was no reply, and she continued riding her longboard down Heim Road.
The incident taking place shortly after 11pm on the night of the fatal accident in July 2011.
This is the second eyewitness that saw Alexandria Rice cross Heim Road in front of on-coming traffic.
Previously, Mark Rowland testified that the 18-year old girl crossed diagonally in front of his car shortly before she was struck and killed.
Defense attorneys have said from the start that Alexandria Rice was riding her longboard in a "careless and reckless" manner.
It is expected that Dr. Corasanti will take the stand in his own defense very soon, but questions will be limited.
Judge DiTullio ruling that the prosecution will not be able to question the defendant about his conviction for "Driving While Ability Impaired" in Niagara County.
Dr. Corsanti plead guilty to that charge 16-years ago.
Judge DiTullio saying that enough time had passed, and questions about the DWAI could prejudice the jury.