wait a minute!!!! this woman wasnt even driving the car and she is being tried for being a hit and run driver????? The charge was leaving the scene of a fatal accident the woman on trial was not driving the car. And the prosecutor and the defense attorney cannot agree as to whether she even saw the accident when it happened. Original Article As trial opens, prosecutor describes fatal hit-and-run Michael Kiefer The Arizona Republic Mar. 21, 2006 12:00 AM The trial of Reem Bishara, the Kuwaiti college student charged with hit-and-run, began Monday like a vehicular homicide case. The prosecutor laid out the graphic details as she addressed a Maricopa County Superior Court jury Monday: How the victim pulled his motorized skateboard out of a shopping center parking lot directly into the path of a speeding car. How he slid up over the hood, crashed headfirst through the driver's side of the windshield, and was tossed over the roof of the car. How the driver of the car fled and crashed into a light pole just a block away. The charge was leaving the scene of a fatal accident. Except the woman on trial was not driving the car. And the prosecutor and the defense attorney cannot agree as to whether she even saw the accident when it happened. "We are not suggesting she caused his death," Deputy County Attorney Jennifer Green said. "The state's evidence will show you that she was very much a part of this accident." Bishara's defense attorney Larry Kazan said there was no dispute that 35-year-old Todd DeGain caused his own death in the accident. But he questioned why Bishara was even on trial. "It's our position that the wrong person is sitting in this courtroom," he said. The right person, he implied, was Muneerah Al-Tarrah, who fled the country in January, rather than stand trial. Al-Tarrah and Bishara, both students at Arizona State University, spent the evening of Sept. 13 and the early morning hours of Sept. 14, drinking at Tempe bars before deciding to visit a friend in Mesa. Bishara was following Al-Tarrah in a separate car, northbound on Alma School Road in Mesa when DeGain darted in front of Al-Tarrah's Jeep Cherokee. Prosecutors never said that Bishara ran over DeGain. But she apparently ran over the crushed remains of DeGain's skateboard. At issue is whether Bishara saw the accident. The prosecution alleges she did, and was therefore legally obligated to stop, report the accident and administer aid to the victim. Kazan told the jury that Bishara only saw the debris of the skateboard as it passed under Al-Tarrah's car and headed her way, and that kept her from seeing anything else. And when Al-Tarrah's car struck a pole blocks away, Kazan maintains, Bishara tried to get her friend to stop, and then followed her out of concern for Al-Tarrah's safety when Al-Tarrah took off again. That's the story the jury will hear. Judge J. Richard Gama has ruled that it will not hear that DeGain was high on amphetamines at the time of the accident . It will not hear that Al-Tarrah fled the country, first to Kuwait and then to Europe, or that Bishara was jailed because prosecutors feared she too would flee. Trial resumes today and is expected to last until Thursday.