There is an interesting case in Tennessee where a federal jury found that a lesbian couple faked a hate crime to describe their torching of their own home. Carol Ann and Laura Stutte however were never charged with arson or filing a false police report.
The alleged hate crime produced an outpouring of support for the couple.
American National Property and Casualty Company suspected a hoax even though the police did not reach the same conclusion when the couple implicated a neighbor. The company argued to the jury that the couple sprayed the word “queers” on the side of the garage as part of the ruse to collect more than $276,000. It also presented evidence that it said showed that the couple started the fire.
Notably, the couple named Janice Millsaps as a likely culprit in news reports but filed a lawsuit alleging that she threatened to kill them and burn their house down in Vonore, Tenn.. They said that Millsaps made a shocking statement one month before the fire: “Do you know what is better than one dead queer? Two dead queers.”
Millsaps however was never charged despite a probe by the FBI and the Tennessee Bureau of Investigation. Yet, there was also no charge against the couple.
Clearly this ruling does not mean that the couple is in fact guilty. It shows rather that a jury did find evidence to support the company’s suspicions. It is also important to note that this was done under the lower evidentiary standard of a civil case, not the standard of beyond a reasonable doubt. As shown in the OJ Simpson case and other cases, it is easier to establish such facts under a preponderance of the evidence. For example, the couple could argue that this is the result of bias against them due to their sexual orientation.
The question is now whether the police will reexamine the possible basis for a false police report or other crimes such as attempted insurance fraud. Fraud generally as a three year statute of limitation in Tennessee under Tenn. Code § 28-3-105(1) and (2). There is also the possibility of a defamation claim by Millsaps. However, the statute of limitations could prove a problem for such an action. In Tennessee, slander actions should be filed “within six (6) months after the words are uttered.” (See T.C.A. § 28-3-103). Likewise, a libel action should be filed within one year (See T.C.A. § 28-3-104(a)(1). There are ways to toll such statutes but it could be difficult in this case.
TinEar, I helped build a local hardware store. A nail in an exposed joist caught my hand and ripped out a chunk of skin. That skin was subsequently painted over and is still there, over 20 years later, hanging off the tip of the nail. It was painted while I was off getting the wound tended to or I would have cleaned it (stopping the bleeding was more important at the time). I wonder if a case might be made years later that I was assaulted there because there is still evidence of violence. No doubt the wood could be tested for the presence of my blood.
My point is that some evidence can persist for decades and provide an entirely wrong conclusion, particularly if the easy answer is the likely one.
“Everyone should have a pot or a yard to piss in. This is America– land of the free, home of the brave and yard dogs, bent or straight, need a yard to piss in.”
Trees and fire hydrants… and a squirrel.
Not in Tennessee!
Perhaps ‘astounded’ is the appropriate word. Perhaps, shocked, dismayed, astonished……
When a lesbian does not have a pot to piss in then America has gone South. Everyone should have a pot or a yard to piss in. This is America– land of the free, home of the brave and yard dogs, bent or straight, need a yard to piss in.
BarkinDog – pissin in the yard probably violates the agreement with the HOA.
For the FINAL time. I have worked HUNDREDS of cases like this. The police investigated this case, did not believe they could prove it criminally, and turned it over to the insurance company. In that scenario, the intent to is to take away the fruits of the crime, that being the insurance money. The cases I’ve worked, we[insurance] have won probably 90% or more. NEVER have the police/prosecutor gone back and filed criminal charges. NEVER. I am aware of many more cases on which I did not work. Again, NEVER has that occurred. I am not saying it has never occurred in the centuries of jurisprudence, I’m saying that’s not how it works. The police/prosecutor look upon this civil verdict as a victory.
Arson fraud is something police/prosecutors take seriously. As I’ve said, I was on a task force in KC when I worked for the prosecutors office in KC. We had a good relationship w/ insurance companies. However, that’s about the only type insurance fraud they care about. I have been involved in incredibly blatant workers comp and personal injury fraud cases. There have been probably 8-10 that insurance companies have put together my investigation, including superb video surveillance, and sent it to different prosecutors in the state. Only 1 was prosecuted. For the most part now, at least in my neck of the woods, insurance companies have stopped turning over fraud cases. Understand, even w/ the cooperation between police/prosecutors regarding arson fraud, the channel runs only one direction, from police to insurance, not vice versa.
What insurance companies want is good public relations. When there is an arson fraud victory like this one, they push it to the press. I doubt they would want the police/prosecutor to open up another criminal investigation. Then it could look like, to some people, piling on.a protected class. This was a resounding victory. Having won many cases like this, you smile and then move on to the next one.
The attempts to frame the neighbor is another issue. However, based on what I’ve read in the press and on PACER, it would be very tough to prove. The remedy there for the neighbor/victim is again civilly. But, these lesbians don’t appear to have a pot to piss in.
Some dogs are called “pointers”. Irish Setters point very well. A “pointer” will often go into the pointing position to point out a perp or bad human. Or a snake.
Nick
The question is now whether the police will reexamine the possible basis for a false police report or other crimes such as attempted insurance fraud. Fraud generally as a three year statute of limitation in Tennessee under Tenn. Code § 28-3-105(1) and (2). There is also the possibility of a defamation claim by Millsaps. However, the statute of limitations could prove a problem for such an action. In Tennessee, slander actions should be filed “within six (6) months after the words are uttered.” (See T.C.A. § 28-3-103). Likewise, a libel action should be filed within one year (See T.C.A. § 28-3-104(a)(1). There are ways to toll such statutes but it could be difficult in this case.
‘astounding’ You should not use words you don’t understand.
Also Tin Ear, The lesbians attorney could present expert testimony that says this was not her handwriting. It does not appear that occurred, although I can’t be certain of that. I looked @ the file on PACER. There are no transcripts available, and that is the only way to know.
Tin Ear, Like the cause and origin arson investigators I discussed yesterday, handwriting experts are craftsman. And, like all craftsmen, they run the gamut from superb to poor. In expert witnesses, the bad ones are eventually exposed. This expert presented his credentials to the jury. The lesbians attorney got to cross examine the expert both on his background and experience, and on his analysis on this case. The jury can accept or reject the expert testimony. They obviously accepted it. This is way our judicial system works.
Isaac, You show an astounding lack of basic knowledge of our judicial system. The criminal investigation is over. These lesbians will not be charged criminally. The lesbians can appeal the civil verdict. What astounds me is how the folks are missing the most egregious aspect of this entire sordid affair. These lesbians TRIED TO FRAME THEIR NEIGHBOR! The neighbor would have gone to prison if they were successful. That is much worse than the fraud they committed.