Archive for September, 2008
1LOOPHOLES REMAIN
30 September 2008
Illinois’ complicated relationship with the death penalty began in the late 1990s when 13 men on death row were found to have flawed convictions and, in several cases, were innocent.
In response, then-Gov. George Ryan, a Republican and a longtime death penalty supporter, declared a freeze on executions, announcing in January 2000 that no executions would proceed until the system was reformed. (Ryan later concluded that the system was beyond reform and commuted all death sentences during his tenure.) Reforms included the establishment of the Capital Litigation Trust Fund, also in January 2000.
Concern arose about lack of control over the fund in 2004, when media reports revealed unchecked expenses in the murder retrial of Cecil Sutherland of downstate Dix. The retrial was handled by Minnesota wrongful death attorney John Paul Carroll, who submitted about $2 million in expenses. Legislators were infuriated at some of his bills, including the fact that he charged $135.68 an hour for the time it took to pack his van in Minnesota and drive to Illinois.
Today, Carroll still defends his bills as the cost of death penalty reform. “If you want (a death penalty), you’re going to have to pay for it,” he said. “… This is the ultimate punishment. You can’t bring them back.”
Nonetheless, furious lawmakers established new rules. Now judges in each case must preapprove all hourly rates and defense attorneys’ estimated budgets for the entire case.
However, those reforms left some wide loopholes.
Experts can apply their full fees even to nonexpert tasks: photocopying documents, transporting files, making hotel reservations. One ballistics expert’s vouchers show he once charged his $300 hourly rate to “return evidence” to another member of the defense team — $150 for 30 minutes.
“It’s absolute insanity,” says Lyons, the Peoria prosecutor. “This should be called the ‘open checkbook fund.’”
2State pays $50,000 to bicyclist’s family
28 September 2008
State officials have agreed to pay $50,000 to the family of a bicycle rider who died on a Crawford County road in 2004 during the Register’s Annual Great Bicycle Ride Across Iowa.
Crawford County officials last year paid a $350,000 settlement to the family of Kirk A. Ullrich, 49, of Davenport, who was killed while descending a hill on County Road E-16. His family had sought an additional $1.6 million from state officials until agreeing in August to accept $50,000 to end their lawsuit, state records show.
The state’s payment is expected to be ratified on Friday by the State Appeals Board, which considers claims made against the state, state officials said Tuesday. The Iowa attorney general’s office has already approved the settlement, said Bob Brammer, a spokesman for Attorney General Tom Miller.
Ullrich was thrown from his bicycle after hitting a center-line crack on the county road. His widow, Betty Jo Ullrich, and their two daughters, asserted wrongful death claims.
Scott County District Judge Charles Pelton in July rejected the state’s request that the plaintiff’s lawsuit be dismissed. He said a factual question remained whether state troopers’ involvement with RAGBRAI was sufficient to create a special relationship between RAGBRAI bicyclists and the state. Such a relationship would open the state to liability.
3Lawsuit rejected in case of priest who killed two
27 September 2008
A wrongful death lawsuit filed by Carsten and Sally Ellison of Barron against the Catholic Diocese of Superior for the murder of their son by a priest was dismissed Tuesday afternoon in a summary judgment by Eau Claire County Judge Paul Lenz.
Lenz, in an oral ruling, said it was “too remote” to think the diocese would have any reason to believe the Rev. Ryan Erickson would kill someone based on the information it had before the double murder occurred.
Even if the diocese did have information about Erickson’s suspected temper, child pornography and violent tendencies, Lenz said, “it would appear such negligence would not have brought about such harm.”
The Ellisons of Barron said they filed the suit to hold the diocese accountable and to spur changes regarding who it accepts as priests and how it handles priests who might be unfit to serve.
Any monetary awards from the lawsuit would have gone to the James Ellison Foundation for the Protection of Children, an organization to protect children from sexual abuse and provide aftercare to those assaulted.
James Ellison, 22, and Dan O’Connell, 39, were shot to death Feb. 5, 2002, inside the O’Connell Family Funeral Home in Hudson.
O’Connell was a co-owner in the family business, while Ellison was a mortuary science student who was interning there and was expected to join the business full time after graduating from the University of Minnesota.
The murder remained unsolved for years. Erickson was removed from St. Patrick Church in Hudson, moving to Ladysmith and then Hurley, where he hanged himself outside that parish in December 2004, according to court and police records. He was 31.
St. Croix County Judge Eric Lundell ruled in October 2005 Erickson murdered both men because he was afraid O’Connell would report Erickson’s obsession with young boys, alcohol and firearms to church officials.
The Ellisons’ lawsuit was filed in St. Croix County Court. Lenz was assigned the case. The suit requests unspecified damages for loss of society and companionship, funeral costs and medical expenses.
“We are obviously disappointed,” said attorney Richard Jasperson of St. Paul, who represented the Ellisons in the lawsuit, adding it was premature to discuss appealing the case. “We will do whatever is in the best interest of the Ellisons.”
4Reports of wrongful death lawsuit in teen shooting incorrect
26 September 2008
The mother of a 16-year-old Crawford boy, shot and killed by Crawford Police Chief Richard “Rick” Thompson last year, plans to file a wrongful death lawsuit but it hasn’t been filed yet.
Attorneys for Pat Britton, mother of teenager Jesse Britton, will file the lawsuit against Thompson, the City of Crawford and Dan Kling, a Nebraska Game and Parks employee in the near future.
The lawsuit will be filed in U.S. District Court and the trial will take place at the federal building in North Platte.
Recent news reports, including from the Omaha World Herald and the Associated Press, that the lawsuit was filed in Scotts Bluff County District Court are incorrect. Robert Chaloupka, an attorney from Scottsbluff, intends to file the lawsuit but it will be in federal court.
The North Platte Bulletin obtained a copy of the lawsuit Wednesday.
Crawford is a community of 1,100 people near Fort Robinson State Park that had been rocked by a number of burglaries.
Britton was a suspect in the burglaries around Crawford and Thompson had been looking for him.
On Oct. 3, 2007, Thompson got a tip that Britton was hiding in an abandoned bar in downtown Crawford. Thompson placed two officers outside the bar and he and Kling went inside.
The men located Britton in an upstairs room when he popped up from behind a desk, according to sources. Britton was pointing a .22-caliber Ruger pistol at Thompson. The unloaded gun later turned out to be one that had been stolen in the recent burglaries. Thompson ordered the boy to drop the gun. When he didn’t, Thompson fired three times and hit the teen with his third shot. Kling fired twice and both shots hit Britton.
The boy died at the scene.
5Lawsuit rejected in case of priest who killed two
25 September 2008
A wrongful death lawsuit filed by Carsten and Sally Ellison of Barron against the Catholic Diocese of Superior for the murder of their son by a priest was dismissed Tuesday afternoon in a summary judgment by Eau Claire County Judge Paul Lenz.
Lenz, in an oral ruling, said it was “too remote” to think the diocese would have any reason to believe the Rev. Ryan Erickson would kill someone based on the information it had before the double murder occurred.
Even if the diocese did have information about Erickson’s suspected temper, child pornography and violent tendencies, Lenz said, “it would appear such negligence would not have brought about such harm.”
The Ellisons of Barron said they filed the suit to hold the diocese accountable and to spur changes regarding who it accepts as priests and how it handles priests who might be unfit to serve.
Any monetary awards from the lawsuit would have gone to the James Ellison Foundation for the Protection of Children, an organization to protect children from sexual abuse and provide aftercare to those assaulted.
James Ellison, 22, and Dan O’Connell, 39, were shot to death Feb. 5, 2002, inside the O’Connell Family Funeral Home in Hudson.
O’Connell was a co-owner in the family business, while Ellison was a mortuary science student who was interning there and was expected to join the business full time after graduating from the University of Minnesota.
The murder remained unsolved for years. Erickson was removed from St. Patrick Church in Hudson, moving to Ladysmith and then Hurley, where he hanged himself outside that parish in December 2004, according to court and police records. He was 31.
St. Croix County Judge Eric Lundell ruled in October 2005 Erickson murdered both men because he was afraid O’Connell would report Erickson’s obsession with young boys, alcohol and firearms to church officials.
The Ellisons’ lawsuit was filed in St. Croix County Court. Lenz was assigned the case. The suit requests unspecified damages for loss of society and companionship, funeral costs and medical expenses.
6Settlement in deadly NYC Staten Island ferry crash
23 September 2008
NEW YORK (AP) Lawyers say the widow of a man killed in the 2003 Staten Island ferry crash has settled a wrongful death claim against New York City for $8.7 million.
The Wrongful Death lawyers made the announcement on behalf of Kathy Healy and her four children.
Healy’s husband, John, was killed in 2003 when the ferry crashed into a dock at full speed.
A trial on Kathy Healy’s lawsuit had been scheduled to start Monday in federal court.
The city’s corporation counsel did not immediately return a call seeking comment Monday.
The boat’s pilot was on painkillers and suffering from extreme fatigue. He pleaded guilty to negligent manslaughter and lying to investigators and was sentenced to 18 months
7Oklahoma E. coli Outbreak Linked to Locust Grove Restaurant
21 September 2008
One person in Oklahoma has died from what appears to be E. coli food poisoning. At least 11 others have been hospitalized with symptoms of E. coli. At least 10 of the people ate at a restaurant in Locust Grove, Oklahoma, according to the Oklahoma State Department of Health. One commenter on Tulsa World is saying that the restaurant in question is Country Cottage, a highly-rated, quaintly-decorated restaurant in Locust Grove.
This situation is tragic for everyone. The culprit in this case may be beef. Millions of pounds of beef products have been recalled recently, most if it by one processor, Nebraska Beef, Ltd., a company with a history of sanitation violations.
Although beef is the most common source of E. coli outbreaks, other foods can be the source of E. coli infections, including but not limited to leafy greens and unpasteurized apple cider and milk.
One of our recent E. coli wrongful death cases involved spinach. Another E. coli wrongful death case our law firm is handling……..
8Court upholds 42-year sentence for highway sniper
20 September 2008
INDIANAPOLIS — The Indiana Court of Appeals has ruled a Gaston teen who shot and killed a driver from a highway overpass should serve his 42-year prison sentence.
An attorney for 19-year-old Zachariah Blanton had appealed the sentence as inappropriate, arguing that the shooting “was a more or less routine act of manslaughter, if such a thing is said to exist.”
But in an eight-page ruling, the court disagreed, noting that the shooting terrorized drivers who had done nothing to make Blanton angry, and the trial court was free to consider that as an aggravating factor in his sentence.
“The harm to the motoring public is inherent to this offense — randomly and intentionally shooting at cars with a rifle from a highway overpass creates a public fear beyond that of the ‘ordinary’ manslaughter in which the victim is at least associated with creating the sudden heat that results in the death,” the court wrote in its ruling Thursday.
On July 23, 2006, Blanton — then 17 years old — fired his hunting rifle into Interstate 65 traffic from an overpass near Seymour, about 60 miles south of Indianapolis, killing 40-year-old Jerry L. Ross of New Albany. An Iowa man traveling in another pickup truck also was injured.
Hours later, Blanton fired on two vehicles in Delaware County. One was unoccupied and he did not strike anyone in the other vehicle.
Blanton pleaded guilty in December to charges of voluntary manslaughter and criminal recklessness. With credit for good behavior and for time served in the Jackson County jail, however, Blanton could be granted his release in about 20 years — at which point he would still be younger than Jerry Ross was at the time of his death, Ross’s twin brother noted at the time of the sentencing, adding “He shouldn’t be allowed to live that part of his life free.”
The defense said that Blanton had fired at Ross’ pickup truck in a sudden heat of anger following an emotional clash with relatives during a deer hunt.
Blanton’s attorney, Alan Wilson, also argued among other things that the judge improperly considered Blanton’s lack of remorse because the court record did not support such a finding. But the Court of Appeals found that the record did not mention remorse because Blanton never expressed any, and noted that he bragged about his crime while he was in jail.
Ross’s family in January filed a Iowa wrongful death lawsuit, ……..
9Deadline approaching for survivors of I-35W bridge collapse to submit claims
19 September 2008
The deadline is approaching for people who seek compensation from a special fund set up by the legislature last year to help victims of the Interstate Hwy. 35W bridge that collapse.
Claims must be submitted by Oct. 15, according to the legislation signed by Gov. Tim Pawlenty in May authorizing $37 million for survivors and family members of survivors who perished when the bridge went down on Aug. 1, 2007.
According to the law authorizing the compensation, a survivor is defined as “a natural person who was present on the I-35W bridge at the time of the collapse.” A survivor also includes family members who survive a person who died in the collapse, or the legally recognized representative of a survivor, such as a parent or guardian of a survivor who is under 18 years old.
Claim forms are available at www.BridgeCollapseClaims.com or by calling the Office of the Special Master Panel at 651-485-1153.
10The Ongoing Attempt to Justify Murder
18 September 2008
Cory at the Madville Times is excited because he thinks he’s finally found a way to justify abortion: a “fetus” (a human fetus?) and an adult are “different,” and that people disagree on criminal penalties.
How is a human “fetus” different than a human “adult?” Perhaps it’s because they’re different in things like size, development, their environment and their level of dependency.
The human fetus is a lot smaller than the human adult. Oh, but toddlers are smaller than human adults, too. Does that mean they aren’t human? Should we allow toddlers to be killed for convenience?
Well, the human fetus isn’t nearly as fully developed as the human adult. Oh, but 5-year-old girls aren’t capable of reproduction as adult females. Five-year-old-boys also aren’t capable of reproduction like adult males, either. They’re also a lot smaller, don’t have the same set of teeth that adults have, and so on. Does that mean these 5-year-olds aren’t human? Do they lack value because of their lack of development? Should we allow 5-year-olds lacking in development to be killed?
Okay, but the human fetus is inside the womb, while human adults are outside the womb. What, you say location doesn’t change the worth and dignity of a human being? You mean I’m worth just as much on this side of the street as that side of the street? I have the same human dignity in Asia as I do in South America? You mean I’m just as human in orbit or walking on the moon as I am here on earth? You mean a child has the same human value when they’re being carried on daddy’s back as they do when they’re walking on their own, or the baby has just as much value being held in someone’s arms as they do when they’re an adult holding another baby?