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Wrongful death suit to proceed against Marine – Marine Corps Times

http://www.marinecorpstimes.com/news/2012/08/ap-wrongful-death-lawsuit-proceed-former-marine-cesar-laurean-083012/

The Associated PressPosted : Thursday Aug 30, 2012 17:56:03 EDT

RALEIGH, N.C. — A ruling by the N.C. Supreme Court will allow a wrongful death lawsuit against a former Marine convicted in the death of a pregnant colleague to proceed.
Cesar Laurean was convicted by a jury in August 2010 of first-degree murder in the bludgeoning death of Lance Cpl. Maria Lauterbach of Vandalia, Ohio. Laurean is serving a life sentence without the possibility of parole at a high-security men’s prison in North Carolina.
Court officials said Monday’s decision will allow a wrongful death lawsuit filed by the Lauterbach family against Laurean and his now-former wife to move forward. The litigation was stayed last year until after Laurean’s chances at appeal could be determined.
Laurean’s appeal claimed his constitutional rights were violated by a judge who didn’t allow the jury to consider second-degree murder as a possible verdict based on a lack of evidence of premeditation.
The state Court of Appeals upheld Laurean’s conviction in May. At that time, defense lawyers said jurors also should have heard that Lauterbach’s accusation that Laurean raped her may have come because he disciplined her for mistakes. The court ruled such evidence was not relevant and was properly excluded.
Laurean was convicted of killing Lauterbach, 20, with a crowbar in December 2007 and burying her charred remains in the backyard of his off-base home. Lauterbach was about eight months pregnant when she died.
Laurean fled North Carolina in 2008 as investigators closed in and escaped to Mexico where he was found three months later. Prosecutors agreed not to seek the death penalty so Mexican authorities would return Laurean, who was born in Guadalajara, to the U.S.

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By |September 1st, 2012|News|Comments Off on Wrongful death suit to proceed against Marine – Marine Corps Times|

Wrongful-death lawsuit in priest abuse case can proceed, judge rules – Kansas City Star

By JUDY L. THOMAS
The Kansas City Star

By JUDY L. THOMAS The Kansas City Star
Updated: 2012-06-29T23:31:20Z

A wrongful-death lawsuit alleging that a boy took his life decades ago because of repeated sexual abuse by a Kansas City priest can proceed, a judge ruled this week.
The statute of limitations for wrongful death is three years in Missouri.But in his order, Jackson County Circuit Judge Michael Manners held as valid the argument of the boys’ parents that the statute of limitations should be suspended because of the defendants’ cover-up, fraud and concealment of the priest’s alleged abuse of their son and other children. The judge dismissed the parents’ other claims that the priest and the diocese deprived their son of “a material chance of surviving.” Don and Rosemary Teeman filed the case against Monsignor Thomas O’Brien and the Diocese of Kansas City-St. Joseph last September after someone who served as an altar boy with their son, Brian, told them of the alleged abuse.Brian Teeman, 14, died of a gunshot wound in November 1983 at the family’s home in Independence. The diocese and O’Brien filed motions to dismiss the lawsuit, arguing that too much time had passed.“I feel this win on the motion to dismiss is a big, big plus for our case to get justice for our son, Brian, and for all the victims who are also trying to get justice,” Don Teeman told The Kansas City Star. “God has started to answer our prayers.”The lawsuit, which seeks unspecified damages, is thought to be the first wrongful-death case in Missouri involving priest sexual abuse in which the statute of limitations could be suspended based on “fraudulent concealment,” said Rebecca Randles, the Teemans’ attorney.“This is [...]

By |June 30th, 2012|News|Comments Off on Wrongful-death lawsuit in priest abuse case can proceed, judge rules – Kansas City Star|