COEUR d'ALENE - A lawyer representing Kara Powers, the woman suspected of causing two serious vehicle crashes on Coeur d'Alene Lake Drive last year, is speaking on behalf of his client.

In an email to The Press, attorney Jim Siebe wrote that he is troubled by the "one-sided coverage" of the incident that occurred Jan. 21, 2014. The most recent Press story, published Jan. 23, reported that county prosecutor Barry McHugh's office will likely make a decision sometime in February on whether to file criminal charges against Powers.

According to the original police report of the crashes, the first collision occurred as Powers, 33, was driving a Mercedes SUV on Coeur d'Alene Lake Drive on the wrong side of the road.

A good Samaritan, Coeur d'Alene resident Sheri Bullock, 42, pulled her Volvo SUV over and left her three children inside as she went to check on the drivers involved in the crash. At that point, Powers reportedly walked to Bullock's Volvo and got into it. With Bullock's three children inside, Powers attempted to drive away in the Volvo. Bullock's son jumped from the vehicle and Bullock was able to get her daughter out of the car.

Powers then drove Bullock's Volvo at high speed, eventually rear-ending a Dodge pickup on Coeur d'Alene Lake Drive near Potlatch Hill. Both vehicles rolled multiple times, seriously injuring William Akin, 48, the driver of the pickup.

The following is the text of Siebe's message:

"I believe that a criminal prosecution would not only be unjust, but a waste of taxpayers' money as well.

"In the article, you quoted Mr. McHugh as stating that Kara could be charged with aggravated DUI. By statute, DUI charges require drugs, alcohol, or a combination thereof present in the system at either a presumptive amount (where alcohol is concerned), or, in the case of drugs, in an amount shown to affect the individual's ability to drive. The prosecutor's office allowed me a brief opportunity to view reports and toxicology reports concerning the case last September and the reports I was shown contained nothing that would justify suspicion of DUI.

"In other words, the lab report showed signs of neither alcohol nor drugs. The deputy prosecutor handling the case at the time admitted to me that he was surprised by that fact. I assume that the investigators initially attributed the accidents to impaired driving.

"Ms. Powers was hospitalized in early 2014 for viral meningitis. Her temperature at admission was 107 degrees Fahrenheit. In April of 2013, she was a passenger in a vehicle that was T-boned by a driver that had run a red light. At the time of the Coeur d'Alene Drive accidents, she was in the process of making arrangements for surgery to fuse her C-5 and C-6 vertebrae and had been in considerable pain (that interfered with her sleep) for close to eight months. Subsequent to the accidents of interest in the article, she was evaluated by a neuropsychologist who observed that she showed symptoms of an anoxic event - that is a reduction of oxygen to the brain (in terms of the meningitis) that most likely caused neurological damage.

"I understand there is also literature relative to those suffering from meningitis being discharged at a time while the disease was still running its course. Witness statements describe Ms. Powers as being vacant or unresponsive when she entered Ms. Bullock's vehicle. We believe that the driving was an unconscious act; an episode of sleep driving brought on by the combination of factors described above or as the result of a lingering infection. In any event, Idaho Code 18-201 requires that a citizen be conscious of his or her acts in order to be criminally responsible.

"Unfortunately, popular notions of criminal accountability (as to Ms. Powers as well as to the prosecutor for failing to act more quickly) frequently ignore these real life conundrums. In turn, one-sided coverage can inflame or infect the potential jury panel, can unfairly portray Ms. Powers as a pariah and can even cause Ms. Bullock distress as she struggles to make the incident an object lesson for her children.

"Ms. Powers, her family, and I are devastated by the carnage inflicted as a result of these accidents, particularly to Mr. Akins. Ms. Powers suffered life-threatening injuries, as well as a crushed pelvis. Unfortunately, this is not a simple matter of reviewing witness statements, taking measurements and realistically addressing the causes of the event.

"Thank you for letting me add to the media reporting record of this matter."