1Minnesota Lawsuit rejected in case of priest who killed two
10 October 2008
A Minnesota 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’ Minnesota Wrongful Death 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
2Family argues for punishment in man’s death
9 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.
Minnesota Wrongful Death 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 Minnesota Wrongful Death 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.
3Senate leaders modify rescue bill…Asian markets improve…Oil…
8 October 2008
Senate leaders modify rescue bill…Asian markets improve…oil prices rise in Asia
Washington (AP) The political wrangling continues as lawmakers tackle the Bush administration’s financial rescue bill. The Senate is set to vote on a modified bill Wednesday night. Their version adds tax cuts meant to appeal to Republicans in the House, which rejected the measure.
TOKYO (AP) Most Asian markets have bounced back on hopes that a financial rescue bill will soon win approval in Washington.
Japan’s benchmark Nikkei 225 index, gained 139.74 points, or 1.24 percent by the end of the morning session. Many markets were closed for holidays.
SINGAPORE (AP) Oil prices have risen to above $101 a barrel in Asia on expectations that U.S. lawmakers will pass a revised bank rescue plan. Traders are still expressing skepticism that a bailout of bad mortgage debt will quickly reverse slowing global economic growth and weakening demand for crude.
DES MOINES, Iowa (AP) A new survey suggests nearly half the workers in America expect to still be working by the time they hit 67 and not just because they’ll need the money. Sun Life Financial finds that more than 80 percent of those polled say they want to stay mentally engaged.
BOSTON (AP) There’s a settlement in a Iowa wrongful death suit resulting from a tunnel ceiling collapse at Boston’s big dig.
4Hillcrest Iowa wrongful death lawsuit delayed again
7 October 2008
The trial for a Iowa wrongful death lawsuit against Hillcrest Family Services has been delayed for the second time because of scheduling conflicts.
The Iowa Wrongful Death trial is now scheduled for August 11, 2009.
Rodney and Michelle Skadburg, of Mason City, Iowa, brought the suit against Hillcrest after their 16-year-old son, Michael, hanged himself on the Dubuque campus of the treatment center in April 2004. The suit alleged that Hillcrest left Michael Skadburg unattended “in a clearly suicidal state.”
Hillcrest denied the allegation,
5Emotions connect old OJ acquittal, new conviction
6 October 2008
LAS VEGAS (AP) More than a decade separates O.J. Simpson’s very public trials, but an North Dakota Wrongful Death attorney is suggesting one may have led to the other.
The North Dakota Wrongful Death attorney for the family of Ron Goldman, who was killed along with Simpson’s ex-wife Nicole Brown Simpson in 1995, says he thinks the 33.5 million dollar wrongful death judgment led Simpson to try to recover personal items he had lost. Simpson was convicted Friday of kidnapping, armed robbery and 10 other charges for storming a Las Vegas hotel room to seize Simpson sports mementos.
David Cook says the trial gives America closure.
6Lawsuit rejected in case of priest who killed two
1 October 2008
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.
7LOOPHOLES 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.’”
8State 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.
9Lawsuit 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.”
10Reports 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.