The driver told
Flanzig at a formal deposition that she was coming from her home in Point Pleasant,
N.J., and was rushing to pick up a friend at LaGuardia, but ended up driving
away from the airport on the Brooklyn-Queens Expressway. She got off the
highway at Sands Street to call her friend and consult Google Maps on
her cellphone because she was lost.
With her phone still open to Google Maps sitting on the passenger seat,
Venedam drove down the street and veered across a safety triangle in order
to make it back on to the BQE, according to the report.
A video of the crash shows the actress trailing close behind a car that
veered out of the way to avoid Brenner, then she smashed into the cyclist
in the safety triangle as he tried to make his way to a bike path on the
other side of the entrance ramp.
She said she was unaware of what she'd hit.
"The windshield was smashed and the car stopped," she told lawyers.
"I knew I hit something."
Police originally blamed Brenner for riding his bike across the ramp to
the Brooklyn-Queens Expressway, but the video shows he was not in the roadway.
Venedam admitted that she never went over to see if the cyclist was OK
because other motorists that had stopped were already trying to help him.
Flanzig said that criminal charges would be difficult to bring against her because
distracted driver statutes require the driver to be holding the cellphone.
Brenner's mother Franci Brenner said that she forgives the actress,
but she would have liked to see a more thorough investigation at the scene
of the accident.
"She did not set out to kill someone that day," she said. "I
hope this is a lesson learned."
Venedam did not respond to multiple requests for comments. Her lawyer also
declined to comment.