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A guilty plea in crossing guard’s death

Driver, 87, gets probation

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By Milton J. Valencia
Globe Staff / August 14, 2009

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A tearful 87-year-old man - saying, “We cannot bring her back’’ - pleaded guilty to motor vehicle homicide yesterday in the killing of a beloved crossing guard who saved a 10-year-old child before she was struck.

Anis G. Cazeau of Mattapan will serve three years of probation, the first two under supervision. He also agreed to give up his license and promised not to try to have it reinstated for the rest of his life under a plea deal he reached with prosecutors and the woman’s family.

The family of Marie Conley, a 58-year-old Dorchester mother of four who had been a crossing guard for eight years and knew all the school children and their parents by name, showed sympathy for Cazeau. While family members called for tougher regulations for elderly drivers, they said they did not believe that Cazeau awoke that dreadful morning thinking he would kill someone in an accident.

“This was an accident, and we forgive him,’’ Conley’s brother, Joe Finn, said during a victim impact statement. “We’re sure that’s what Marie would want.’’

Later, Jimmy Conley, her son, called for tougher testing for elderly drivers: “How many lives is it going to take?’’ he said. “It needs to be changed.’’

Marie Conley, known for passing out candy to students, was wearing a bright yellow reflective jacket when she was on duty the morning of Oct. 21 at the crosswalk of Winter and Parish streets, just outside the Mather Elementary School.

Cazeau was driving his Nissan Maxima on Winter Street at about 27 miles an hour, heading toward the crosswalk, according to Rosaicela Melendez, a witness who was traveling behind him.

Conley walked into the street, calling on the 10-year-old to cross, her arm lifted above her head telling traffic to stop. Cazeau kept driving, without slowing down.

At one point, Conley noticed that the car was still heading toward them and she ordered the boy to stop. She was then struck by the car.

She suffered severe head trauma and, on Oct. 29, succumbed to her injuries.

Robert Zanello, Cazeau’s lawyer, said in court yesterday that his client had no medical condition that would prohibit him from driving a car, that he was not drinking alcohol, and that he had taken no drugs.

“Nothing would suggest he went intentionally placing himself on the road in an impaired condition,’’ Zanello said. “This was an accident . . . he’ll live with this for the rest of his life.’’

Dressed in a gray suit with a checkered tie and wearing eyeglasses and a cane, Cazeau spoke in a muffled voice when he told Superior Court Judge John C. Cratsley he was guilty.

The accident was the first of several over the last year that have reignited calls for enhanced testing of elderly drivers.

Earlier this month, an 89-year-old woman pleaded guilty to killing a 4-year-old girl in an accident in Stoughton in June. She was sentenced to six years of probation and ordered to pay a crosswalk fine.

In July, a 7-year-old boy riding his bicycle was struck and killed by a 76-year-old Plympton woman, and in July a Reading woman was killed when her 92-year-old husband struck her as he backed out of a parking space. Other, nonfatal accidents have also made headlines.

Under political pressure, the state Legislature is debating tougher rules for older drivers. A bill sponsored by state Senator Brian A. Joyce, Democrat of Milton, would require drivers 85 and older to pass a road and eye test every five years. Currently, Massachusetts drivers are required to take an eye test every 10 years.

Conley’s family called for the rules to be even tougher than what is proposed.

“For those who think this is unreasonable,’’ said Finn, “I would venture to say they have never experienced the pain and suffering that occurs when a tragedy like this happens.’’

Milton Valencia can be reached at mvalencia@globe.com.