Lawsuit rejected in case of priest who killed two
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."
Attorney Kyle Torvinen of Superior, who represented the diocese, said Tuesday that Lenz's decision was appropriate and "justice was done, and we're glad of that. It has been a long road."
The Ellisons did not participate in a lawsuit filed by O'Connell's relatives against all 194 U.S. Catholic bishops. That suit demanded names of predatory priests be made public.
Washburn County Judge Eugene Harrington threw that case out earlier this year, saying the Superior diocese can't be forced to release information about how the church deals with sex abuse by its priests.
Lawsuit rejected in case of priest who killed two
By Chuck Rupnow
Leader-Telegram staff
A Wisconsin 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. This is a case worked by a qualified Wisconsin wrongful death lawyer.
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.
Children of slain woman sue their father
The four children of Elisabeth K. Witte, whose ex-husband is charged with killing her in a downtown parking garage, filed a wrongful death lawsuit Monday against their father.
Richard E. Reilly, a lawyer representing the children and their mother’s estate, said the suit is an effort to protect their interests in the father’s estate.
The father, Gerhard Witte, 70, is accused of stalking his ex-wife and slashing her throat in the garage after she performed in a Milwaukee Symphony Chorus concert. Police found him with her body and he confessed to her killing, authorities have said.
Witte, a physician, is awaiting trial on first-degree intentional homicide charges.
Inmate gets 4 to 7 more years
WORCESTER— A jail inmate found guilty of manslaughter in the death of his cellmate three years ago was sentenced yesterday to 4 to 7 years’ imprisonment.
Dennis R. Hadley, 52, was charged with murder and assault and battery with a dangerous weapon (shod foot) in the Feb. 23, 2005, death of 42-year-old Daniel McMullen after an altercation in the cell the two men shared at the Worcester County Jail and House of Correction in West Boylston.
A 12-member Worcester Superior Court jury convicted Mr. Hadley of involuntary manslaughter Thursday in the death of Mr. McMullen and acquitted him on the charge of assault and battery with a dangerous weapon.
Judge Peter W. Agnes Jr. sentenced Mr. Hadley to 4 to 7 years in state prison yesterday. Assistant District Attorney Joseph T. Moriarty Jr. recommended a sentence of 12 to 15 years and Mr. Hadley’s lawyer, Margaret R. Guzman, proposed a sentence of time served or a 3- to 4-year prison term for her client.
Mr. McMullen, formerly of Douglas, died from complications of a ruptured spleen caused by blunt trauma, according to a medical examiner’s findings. Prosecutors alleged that Mr. Hadley, while wearing boots, kicked Mr. McMullen in the face and abdomen on the morning of Feb. 3, 2005, after an argument in their cell over a deck of playing cards.
Mr. Hadley, formerly of Rhode Island, told jail officials he pushed Mr. McMullen down after his cellmate poked him in the eye with his finger. He denied kicking Mr. McMullen.
Mr. McMullen, who was serving a sentence for a probation violation on a drunken driving charge at the time, suffered from advanced cirrhosis of the liver and an enlarged spleen, according to testimony at Mr. Hadley’s trial. He was initially treated at St. Vincent Hospital for a cut lip on the morning of the altercation and was returned to the jail. About 15 hours later, he was brought back to the hospital complaining of abdominal pain.
He was admitted at that time after diagnostic tests revealed internal bleeding from a torn spleen. Mr. McMullen developed pneumonia and an infection while hospitalized, lapsed into a coma and died.
Before imposing the 4- to 7-year sentence yesterday, Judge Agnes rejected a suggestion by James Mahoney, the victim’s brother-in-law, that Mr. McMullen’s death was attributable to “a total system failure” at the county jail. Mr. Mahoney said his family believed overcrowding and understaffing at the jail were as much, if not more, to blame for the death of their loved one than Mr. Hadley’s actions.