Wrongful Death Lawyer category
1Claim blames county in suicide
2 November 2008
WISCONSIN RAPIDS — An attorney for the family of a 28-year-old man officials say hanged himself in the Wood County jail has taken the first step to bring a lawsuit against the county.
On July 9, two days after he was sentenced to a year in jail for possession of child pornography, Richard A. Lordson used a sheet to hang himself, according to the Sheriff’s Department. He died at Saint Joseph’s Hospital in Marshfield the next day.
On Tuesday, Attorney David Skoglind, Skoglind Law Office of Mequon, sent Wood County a notice alleging wrongful death in Lordson’s case. The notice is the first required step when planning to file a wrongful death lawsuit.
“I want to get absolute justice for Mr. Lordson and his family and his son,” Skoglind said. “I don’t think the limits of damages, as unfair as they are, are unfair to the county to compensate Mr. Lordson’s family and child.”
According to the notice, officials knew Lordson was suicidal and should have taken the proper precautions. It quotes several lines in the pre-sentencing investigation done on Lordson that indicate he had attempted suicide at least three times.
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2Heemstra released, but civil trial awaits
31 October 2008
Fort Dodge, Ia. - Milo farmer Rodney Heemstra, who shot his neighbor after an argument and dumped his body into a cistern nearly six years ago, walked out of prison Tuesday as a free man.
Heemstra, 49, wearing a dark coat and carrying a cardboard box with his belongings, headed out the front door of the Fort Dodge Correctional Facility at 7:55 a.m.
Heemstra spent four years and four months behind bars for the slaying of rural Warren County farmer Tom Lyon, 52, in January 2003. Prosecutors said he killed Lyon with a single rifle shot, then dragged his body more than a mile before dumping it and covering it with hay.
He claimed he killed Lyon in self-defense after Lyon lunged at him. The case generated statewide interest and included two criminal trials and a wrongful death lawsuit that will be heard for the second time in civil trial that starts Nov. 5.
What’s next for Heemstra?
He was met by a throng of media and offered no comment and expressed no emotion as he quickly paced through the frosty morning air Tuesday into the prison parking lot. He went directly to a dark, four-door Hyundai sedan, put his box into the trunk, got into the vehicle and was driven away from the prison by his wife, Berta Heemstra.
He is not expected to return to rural Warren County, where some Milo residents still harbor deep animosity toward him. Instead, Heemstra is believed to be moving to the Panora area - about 45 miles west of Des Moines - to a single-family home at Lake Panorama with a triple-space garage and an assessed value of $410,526.
Voting records show Heemstra’s wife lives in the house, which is owned by Cool Acres LLC, the same limited liability corporation that owns the family’s farm home in the Milo area.
Joseph Hrvol of Council Bluffs, who is Heemstra’s lawyer, declined to comment. Guthrie County Sheriff Gary Baird said he was aware of the possibility Heemstra could be moving to the Panora area, but he hadn’t confirmed it.
Norm Wadle, a longtime Milo resident, knows the Lyon and Heemstra families and said the whole incident should never have happened.
“It’s not a very good deal in a small community like this,” Wadle said. “There’s nothing we can do.”
Heemstra spent his last night Monday at the Fort Dodge facility turning in his state property and packing up, said Warden Cornell Smith.
After waking up Tuesday morning in his cell, Heemstra was allowed an opportunity to shower, then headed to the prison discharge area to get his paperwork. A correctional officer led Heemstra out of the prison, and Fort Dodge police cars were stationed near the parking lot, but he left without incident.
The Iowa Board of Parole had twice rejected Heemstra for release - most recently in May. State officials said they ultimately had no choice about freeing him because he had served the maximum time possible on his 10-year sentence of voluntary manslaughter - including time off for work and good behavior.
Heemstra, who killed Lyon after a series of confrontations over land and cattle-watering equipment, was disciplined by prison officials in May after he was accused of threats and intimidation and breaking other prison rules, prison records show.
An administrative law judge ultimately found Heemstra guilty of obstruction and disruptive conduct, attempt or complicity, and unauthorized possession, said Iowa prison spokesman Fred Scaletta, who declined to elaborate. He said Heemstra received five days of disciplinary detention, but didn’t have additional time tacked onto his prison term.
The incident in May was serious enough that Heemstra was moved from the minimum-security North Central Correctional Facility in Rockwell City to the medium-custody Fort Dodge state prison, which is surrounded by a double fence topped with razor wire. Such a shift to a higher level of security is not common for an inmate in the final stages of preparing for release from prison.
Heemstra’s case has been unusual. He was originally convicted of first-degree murder in 2003 and was sentenced to life in prison. Three years later, the Iowa Supreme Court ruled he deserved a new trial. During a second trial last year, he was convicted of manslaughter and received credit for his previous time in prison.
Heemstra’s release doesn’t sit well in Milo, a farming community of 839 people.
“I think it’s ridiculous,” said Wadle. “I think anybody should have got a lot more sentence. It doesn’t seem like it’s been but a couple of years.”
Jodi Rushing, a pastor for three Methodist churches in Warren County, has seen the emotional effect on the community. Ronda Lyon, Tom’s wife, is a member of the Milo United Methodist Church, and Heemstra was a member of the Milo Christian Union Church.
“We can always find hope and help and healing through God,” Rushing said. “We can find it through the community of faith through our churches.”
Church families offer a place for people to turn when they are feeling frustrated or disappointed, she said.
“I really do believe the community is trying to heal,” Rushing said. “We endure; we go through.”
The wrongful death civil trial that starts next week will determine the outcome of a lawsuit filed by Lyon’s family.
An earlier civil trial - largely based on the murder conviction - resulted in a Warren County judge awarding Lyon’s family $11.5 million in damages. A three-judge panel of the Iowa Supreme Court last year declared the initial civil verdict invalid.
However, District Judge Michael Huppert ruled earlier this year that Heemstra was clearly liable for Lyon’s death and that Lyon’s family will be allowed to seek punitive damages in the second trial.
3Justice or vendetta? Ruling comes 19 years late
30 October 2008
Nineteen years ago, retired car dealer Owen Lynch was gunned down at his North Minneapolis home.
Glenn Greene, who was 17 at the time, pleaded guilty to pulling the trigger and remains locked up.
But the man accused of putting the gun in Greene’s hand and driving him to Lynch’s house, Patrick Carline, was acquitted of first-degree murder in a later trial, a verdict that hasn’t gotten any easier for Lynch’s oldest son to reconcile.
“You think after time things don’t bother you? It doesn’t go away,” Mark Lynch, the oldest of Lynch’s 12 children, said this week.
A year ago, Mark Lynch, now 64, filed a civil lawsuit in Hennepin County District Court against Carline for his father’s death. The standard of proof in a civil case is lower than the criminal requirement of guilt beyond a reasonable doubt.
In late August, a jury determined that a “preponderance of evidence” showed that Carline “willfully and wrongfully” caused Owen Lynch’s death on Sept. 8, 1989. The jury awarded the Lynch family survivors $300,000 in compensatory damages.
But District Court Judge John McShane reversed a decision he had made earlier in the trial and declined to let the jury consider punitive damages against Carline, who maintains he had nothing to do with the killing.
The Lynch family attorney in the case, Richard Malacko, will ask McShane to reconsider today. If McShane rules against them again, Mark Lynch said he intends to ask the state Court of Appeals for a new trial so a jury can consider punitive damages.
A civil lawsuit after a criminal acquittal is unusual, despite similar high-profile cases such as those involving O.J. Simpson and actor Robert Blake. Most murder defendants are indigent, so there is little point in pursuing a case for monetary reward.
But Mark Lynch said he needed to do something. “To get some money is great, but to get it on the public record is important,” he said.
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4Rodney Heemstra freed from prison after 4 years, 4 months
29 October 2008
Fort Dodge, Ia. – Milo farmer Rodney Heemstra, who shot his neighbor in the head after an argument and dumped his body in a cistern nearly six years ago, walked out of prison today as a free man.
Heemstra, 49, wearing a dark coat and carrying a cardboard box with his personal property, headed out the front door of the Fort Dodge Correctional Facility at 7:55 a.m.He was met by a throng of media and offered no comment and expressed no emotion as he quickly paced through the frosty morning air into the prison parking lot. He went directly to a dark four-door Hyundai sedan, put his box in the trunk, got into the vehicle and was driven away from the prison by his wife, Berta Heemstra.
Fort Dodge Warden Cornell Smith said that Heemstra turned in his state property Monday night and packed his belongings. After waking up this morning in his cell, he was allowed an opportunity to shower, then headed to the prison discharge area to get his paperwork before leaving. A correctional officer led Heemstra out of the prison, and Fort Dodge police cars were stationed near the prison parking lot, but he left without incident.
Heemstra spent four years and four months behind bars for the slaying of rural Warren County farmer Tom Lyon, 52, in January 2003. Prosecutors said he killed Lyon with a single rifle shot, then dragged his body more than a mile before dumping it and covering it with hay. He claimed he killed Lyon in self-defense after Lyon lunged at him.
The Iowa Board of Parole twice rejected Heemstra for early release- most recently in May. State officials said they ultimately had no choice about freeing him today because he had served the maximum time possible on his 10-year sentence of voluntary manslaughter – including time off for work and good behavior.
He is not expected to return to rural Warren County, where some Milo residents still harbor deep animosity towards him. Instead, Heemstra is believed to be moving to the Panora area – about 45 miles west of Des Moines – to a single-family home at Lake Panorama with three garage stalls and an assessed valuation of $410,526.
Voting records show Heemstra’s wife, Berta Heemstra, lives in the house, which is owned by Cool Acres LLC, the same limited liability corporation that owns the family’s farm home in the Milo area. The house is near the Lake Panorama National Golf Course.
Joseph Hrvol of Council Bluffs, who is Heemstra’s lawyer, declined to comment on Heemstra’s plans. Guthrie County Sheriff Gary Baird said he was aware of the possibility Heemstra could be moving to the Panora area, but he hadn’t confirmed it.
Heemstra, who killed Lyon after a series of confrontations over land and cattle-watering equipment, was disciplined by prison officials in May after he was accused of threats and intimidation and breaking other prison rules, prison records show.
An administrative law judge ultimately found Heemstra guilty of obstructive and disruptive conduct, attempt or complicity and unauthorized possession, said Iowa prison spokesman Fred Scaletta, who declined to elaborate what happened. He said Heemstra received five days of disciplinary detention, but didn’t have additional time tacked onto his prison term.
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5Lawsuit filed by family of man who died after bar incident
27 October 2008
The mother and brother of a man who died after being escorted out of a River Falls bar by bouncers have filed a wrongful death lawsuit against the business.
Joseph R. Roscoe, 43, River Falls, died Feb. 27, 2007 — 10 days after being found unconscious in the alley behind The Library, 106 N. Main St.
The civil suit was filed in Pierce County last week by Janice Roscoe, Two Harbors, Minn., and Mark Woodard, Omaha, Neb., against bartender/manager Edward Roughton, 105 Elm St., River Falls, and The Library bar.
According to the complaint, on Feb. 17, 2007, Roscoe was a customer at The Library and “became obviously intoxicated.”
According to the complaint, bouncers attempted to escort him out. The suit says they were negligent in causing or allowing Roscoe “to trip, fall or stumble multiple times, hitting his head on the floor and pavement and sustaining other serious injuries causing his death.”
According to reports taken by police shortly after the incident, bouncers said Roscoe was drunk, caused a disturbance and was kicked out of the bar.
Roscoe was comatose after the incident and suffered a blood clot in his brain and a stroke after being hospitalized. He died Feb. 27 at Regions Hospital in St. Paul.
Police Chief Roger Leque said no criminal charges were filed in connection with the injury and death.
“We did an extensive and thorough investigation and referred (the results) to the Pierce County district attorney for review, but no charges were filed,” Leque said Monday.
According to the civil lawsuit, Roscoe’s medical expenses exceeded $200,000 and he suffered pain and emotional distress before he died.
The suit also says his family incurred costs for medical expenses for his last illness and funeral costs in excess of $50,000.
The suit alleges bar managers were negligent in hiring, training, supervising and keeping staff and negligent in maintaining the premises.
According to city records, The Library is owned by S&T River Falls LLC. S&T’s president and agent is Stephanie Roughton.
Roscoe came to River Falls the summer before his death for alcohol treatment at Kinnic Falls Halfway House. He also did odd jobs in construction around town.
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6Lawsuit filed by family of man
26 October 2008
The mother and brother of a man who died after being escorted out of a River Falls bar by bouncers have filed a wrongful death lawsuit against the business.
Joseph R. Roscoe, 43, River Falls, died Feb. 27, 2007 — 10 days after being found unconscious in the alley behind The Library, 106 N. Main St.
The civil suit was filed in Pierce County last week by Janice Roscoe, Two Harbors, Minn., and Mark Woodard, Omaha, Neb., against bartender/manager Edward Roughton, 105 Elm St., River Falls, and The Library bar.
According to the complaint, on Feb. 17, 2007, Roscoe was a customer at The Library and “became obviously intoxicated.”
According to the complaint, bouncers attempted to escort him out. The suit says they were negligent in causing or allowing Roscoe “to trip, fall or stumble multiple times, hitting his head on the floor and pavement and sustaining other serious injuries causing his death.”
According to reports taken by police shortly after the incident, bouncers said Roscoe was drunk, caused a disturbance and was kicked out of the bar.
Roscoe was comatose after the incident and suffered a blood clot in his brain and a stroke after being hospitalized. He died Feb. 27 at Regions Hospital in St. Paul.
Police Chief Roger Leque said no criminal charges were filed in connection with the injury and death.
“We did an extensive and thorough investigation and referred (the results) to the Pierce County district attorney for review, but no charges were filed,” Leque said Monday.
According to the civil lawsuit, Roscoe’s medical expenses exceeded $200,000 and he suffered pain and emotional distress before he died.
The suit also says his family incurred costs for medical expenses for his last illness and funeral costs in excess of $50,000.
The suit alleges bar managers were negligent in hiring, training, supervising and keeping staff and negligent in maintaining the premises.
According to city records, The Library is owned by S&T River Falls LLC. S&T’s president and agent is Stephanie Roughton.
Roscoe came to River Falls the summer before his death for alcohol treatment at Kinnic Falls Halfway House. He also did odd jobs in construction around town.
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7Lawsuit filed in Crandon deaths
25 October 2008
CRANDON — The parents of four of the six young people killed in a shooting rampage by an off-duty deputy have filed a wrongful death lawsuit.
The lone survivor, 21-year-old Charlie Neitzel, who is seeking compensation for the “severe and permanent injuries” he suffered, also filed suit.
The lawsuits, which were filed last week and amended Monday with a minor correction, stem from an Oct. 7, 2007, shooting. Tyler Peterson, 20, a Forest County sheriff’s deputy and part-time Crandon police officer, shot and killed six people after an argument at his ex-girlfriend’s home. He used a police-issued AR-15.
The claims specifically name Crandon Police Chief John Dennee, Forest County Sheriff Keith Van Cleve, as well as the city, the county and their insurance companies.
The victims’ families accuse them of being negligent in their supervision of Peterson and failing to investigate complaints that he had abused suspects.
“There was a known danger in that the departments were aware of Tyler Peterson’s propensity toward violence and his history of anger-control issues. Nonetheless they continued to allow him to carry a firearm and … didn’t do any kind of follow up to determine this level of danger,” Peg Lautenschlager, the attorney for the four families and Neitzel, told The Post-Crescent on Monday.
Lautenschlager, a former Wisconsin attorney general, represents the families of four of the six victims who were killed: Katrina McCorkle, 18; Bradley Schultz, 20; Lindsey Stahl, 14; and Lianna Thomas, 17.
The parents of victim Jordanne Murray, 18, filed notices of circumstances of claim — a necessary precursor to a civil suit — earlier this year. Their attorney, David Blau, did not return voicemail or e-mail messages Monday seeking an update on their plans.
The family of shooting victim Aaron Smith, 20, never filed notices.
Paul Payant, the attorney for Forest County, did not return a phone message. His office said he was in court all Monday afternoon.
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8Challenge of Flores’ life term advances
24 October 2008
A Des Moines man’s bid to have his life sentence for murder vacated will move forward.
Polk County Judge Don Nickerson last week denied a motion by prosecutors in the case of David Flores, convicted in 1997 of killing bank executive Phyllis Davis in a gang-related shootout.
The judge’s decision means the 31-year-old Flores, who has spent 11 years behind bars, could have his conviction reconsidered before the end of the year.
It also means Flores’ defense will be allowed to proceed with its strongest argument. That argument is based on Des Moines police acknowledging in June that they failed to turn over to Flores’ trial attorney an FBI report that pointed to an alternative suspect, Rafael Robinson.Prosecutor Joe Weeg had argued that a newly found police report downplayed evidence of an alternative suspect. But a legal assistant for John Wellman, Flores’ original defense attorney who is now deceased, told Nickerson that Wellman never had that police record.
In the ruling last week, Nickerson sided with Flores and denied the state’s request for a partial summary judgment.
“We just want the case to move ahead now,” said Mary Kennedy, Flores’ Waterloo defense attorney.
The high-stakes case is similar in some respects to that of Heidi Anfinson, another convicted murderer who was granted a new trial last week by the Iowa Supreme Court. Like Flores, Anfinson appealed for post-conviction relief, arguing that she received inadequate defense in the drowning death of her two-week-old son Jacob.
Her new defense attorney, Alfredo Parrish, argued successfully that her original attorney, Bill Kutmus, should have submitted evidence of post-partum depression at her trial.
Anfinson lost her post-conviction case at the district and appelate-court levels but won on appeal to the Iowa Supreme Court. In a rare move, the Supreme Court ruled that evidence of her mental health problems would have aided her defense.
Experts in wrongful conviction cases have said it’s extremely rare for a judge to overturn a murder conviction, but Flores’ appeal for post-conviction relief is compelling. As his controversial bid for freedom nears, however, tensions among those with a stake in the case are rising.
Kennedy has said in court that a key witness has been moved several times by the California corrections system, making communication difficult.
A spokesman for the Iowa Department of Corrections also has acknowledged that Kennedy has been blocked from speaking to another witness, who is behind bars, unless she has a court order.
Corrections spokesman Frank Scaletta said the unusual move was made on the recommendation of the Iowa attorney general’s office, which sometimes assists county prosecutors in post-conviction cases.
Last month, vandals shattered the car and house windows of David Flores’ mother on East 13th Street.
Diane Flores and other family members said it’s possible she could have been a random victim, or targeted for other reasons, but they doubt it.
“We think it’s because of David,” she said.
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9Byers’ case dismissed in summary judgment
23 October 2008
The Iowa District Court for Crawford County ruled in a summary judgment to dismiss Ann and William Byers’ case against the county for defamation and intentional infliction of emotional distress following the 2005 death of their son, Justin Byers.
The Byers’ claimed that the premature release of preliminary autopsy results, stating suicide as the manner of death in their son’s accident, by Dr. Dennis Crab, medical examiner, resulted in extreme emotional distress.
Chapter 670 of the Iowa Code allows civil law suits to be brought against governmental subdivisions if liability is proven.
The civil wrongdoing must result in wrongful death or injury to a person and may be based upon negligence, error or omission, nuisance or breach of duty.
The Court based its decision, in part, on Chapter 331.802 that states, “If a person’s death affects the public interest, the county medical examiner shall conduct a preliminary investigation of the cause and manner of death, prepare a written report of the findings. A death affecting the public interest includes… Violent death, including homicidal, suicidal, or accidental death.”
The case was dismissed because the Byers’ did not prove Dr. Crabb and Crawford County were acting outrageously either in depositions or affidavits.
Summary of Events
* June 11, 2005: Iowa National Guardsman Spc. Casey Byers, 22 of Schleswig a member of the 224th Engineer Battalion, is killed, with two other Guardsmen, while on duty in Iraq.
* June 20, 2005: Justin Paul Byers, 19, younger brother of Casey, dies after being involved in a late night pedestrian versus vehicle accident.
* June 22, 2005: Dr. Dennis Crabb, Crawford County Medical Examiner, releases a preliminary report that Justin Byers’ death was intentional - a suicide. The final report rescinded the former statement and ruled the death accidental.
* December 30, 2005: Brandon N. Laubscher, 23 of Vail, is charged with supplying alcohol or beer to a person under legal age, resulting in the death of a person, a Class D felony.
* July 14, 2006: Ann and William Byers, parents of Justin and Casey Byers, file a civil suit against Crawford County and Dr. Crabb claiming defamation and the intentional infliction of emotional distress.
* February 27, 2007: Following a motion by Crawford County, the defendant, The Iowa District Court ruled in a summary judgment in favor of the defendant, concerning the defamation claim. According to the U.S. Department of Justice, a summary judgment is “a decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case.” According to the ruling at that time, the court declined to find, as a matter of law, that the defendants’ conduct was not outrageous (a key component in establishing intentional emotional distress).
* March 26, 2007: Laubscher plead guilty to supplying alcoholic liquor or beer to a person under legal age, resulting in serious injury to a person, an aggravated misdemeanor. He was sentenced to serve 30 days of a two-year sentence, which would subsequently be suspended, in the Crawford County Jail, then two years probation.
* October 17, 2008: Following a second motion for summary judgment by Crawford County The Iowa District Court dismissed the Byers case at their cost.
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10Family argues for punishment in man’s death
22 October 2008
In a brief hearing today, the family of the late Owen Lynch argued for punishment for the man they say caused his murder 19 years ago.
Lawyer Richard Malacko said Patrick Carline has never been punished for his crime. In late August, a Hennepin County District Court jury determined in the civil case that Carline “willfully and wrongfully” caused the death of Lynch.
Lynch and Carline were occasional business partners. Lynch was gunned down in his North Minneapolis home in September 1989. Glenn Greene, who was 17 at the time, pleaded guilty to pulling the trigger in what was to be a robbery of Lynch. But Greene said the robbery was Carline’s idea.
Greene said that Carline picked him up from school, handed him a loaded gun and drove him to Lynch’s home. Carline, however, was acquitted of murder in a later trial.
A year ago, Lynch’s oldest son, Mark Lynch, filed a civil lawsuit against Carline seeking to hold him responsible for the death. A jury awarded the family $300,000 in compensatory damages.
District Court Judge John McShane, however, reversed his previous ruling and declined to let the jury consider punitive damages against Carline.
Malacko argued today for a new trial on the issue of punitive damages. Carline still hasn’t been punished and a jury should hear some additional evidence, Malacko said.
McShane asked, “What do you say to deterrence, that punitive damages are supposed to be a deterrent?” He said that Carline hasn’t committed another criminal act.
Malacko said we are a society of laws and people need to know that when they participate in a crime, they will be held accountable. “We need to send a message,” he said.
McShane asked whether the potential for prison time wasn’t a deterrent.
Malacko said, “To some people time is not important, money is.”
McShane said he would rule “expeditiously” on the matter,
After the hearing that lasted less than 10 minutes, Malacko said Carline had committed a crime — receiving stolen property.
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