Gene sez: Wednesday night I talked with Michael Fattorosi, attorney for Brian Surewood. In a story that first appeared Tuesday in the LA Times it was reported that Surewood had been involved in an automobile accident in Reseda that resulted in injuries to a mother and her children. Wednesday it was confirmed that one of the children died.

According to Fattorosi, Surewood's being held for Murder 2 but that the case is still under investigation. Fattorosi also wanted to make it clear that there's no evidence to support that Surewood's directly responsible for the accident.

"The statement being given to me by Brian is not anything close," comments Fattorosi.

As Fattorosi explains, Murder 2 is either premeditation or wanton disregard.

"But Brian hasn't been formally charged yet," continues Fattorosi. "He doesn't get arraigned until tomorrow morning."

Fattorosi said he hasn't seen any of the evidence which the DA's going to present.

"I don't have any of the physical evidence," Fattorosi says. "It may be months before we have physical evidence in this case."

What makes Surewood's story even more bizarre is the fact that a couple of weeks ago, Madison Scott accused him of raping her on a Chico Wang set and Wang, as reported in the papers was found dead in a motel room last month following the death of his porn star girlfriend Haley Paige who died the month before.

Reseda- Road rage may have caused an accident Tuesday in Reseda that critically injured a woman and her two children who were standing nearby, police said today.

Brian Gilbert Barnes, 44, [aka Brian Surewood] of Northridge and Armando Gamboa Ayon, 19, of Pacoima, were booked on a felony charge of attempted murder and held on $1.5-million bail, Los Angeles Police Officer Sandra Gonzalez said.

Barnes, who was driving a black Nissan Maxima, and Ayon a red Chevrolet Camaro, were driving on Sherman Way near Amestoy Avenue about 3 p.m. when Barnes allegedly lost control and crashed into a parked vehicle, said Lt. Roger Mora, a spokesman for the Los Angeles Police Department.

The 31-year-old woman and her children, a 4-year-old son and an 2-month-old child, were standing near the parked car, Gonzalez said. Police could not explain exactly how the family was struck, but Mora said they were taken to hospitals and are in critical condition.

"Apparently the woman was taking the children out of a car and they were walking," Gonzalez said.

Police had considered whether the accident was the result of a street race, but later ruled that out. "It sounds more like a road-rage type incident," Mora said.

Barnes was taken into custody after the accident and Ayon turned himself in and was booked today, Gonzalez said.