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The man who was behind the wheel of an SUV that police say plowed into four students, killing two, was completely aware of what happened, his attorney says.

Michael Brodsky told ³ÉÈËXÕ¾ Radio’s Dori Monson that William Klein was in the front seat of his vehicle, upset.

“He was extremely, extremely emotionally distraught,” Brodsky told Dori.

That’s contradictory to what police observed. After hitting the four Bellingham students, Klein fell asleep, according to charging documents. Police had to shake Klein in order to wake him up. After slowly getting up, he had bloodshot, watery eyes, according to the documents.

Klein was charged with vehicular homicide and assault.

Brodsky’s account of what happened runs completely contradictory to police, Dori pointed out.

The attorney admitted he was at a disadvantage during his interview with Dori because he still didn’t have the charging documents.

“I don’t have those charging papers,” he said.

Then how does Brodsky feel comfortable saying his client was not under the influence at the time of the crash?

Brodsky said Klein had not smoked marijuana that day &#8212 he smokes on a daily basis &#8212 and had not consumed alcohol.

“Mr. Klein spent the hours before [the crash] at work,” he told Dori. “I don’t think you’re allowed to drink or smoke marijuana on the job at Trader Joe’s, or anywhere else for that matter.”

The teens were walking on the side of Smith Road on June 10. Klein had fallen asleep at the wheel and crashed into them, according to police.

After the crash, Klein removed his 3-year-old son from the back seat of the vehicle and held him in the front seat, according to Brodsky. Klein’s eyes were bloodshot from crying, he added.

But that’s not what the charging documents say, Dori responded.

“I heard what you said, Dori,” Brodsky said. “I just don’t think that’s true. We can’t try this case right now.”

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