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.
Paul Schulte, don’t you think that pursing an insurance claim is a rational response to having a home destroyed by fire–whether or not it was arson?
It is well-known that persons who are not white, straight and/or male fare less well before juries, regardless of whether the case is criminal or civil. You cannot seriously dispute that some persons are prejudiced against LGBT people now can you?
It seems that we quite regularly read of false hate crimes. It appears to be a combination of having hate crime laws to begin with, and a culture that wants to celebrate victimhood. While this couple did not get an insurance payout, they were likely amply rewarded for their fake victimhood with some type of GoFundMe donations. These Tennessee lesbians may now be living in the Taj Mahal of mobile homes, with two brand new matching diesel pick-ups and a shed full of DeWalt power tools. They certainly won’t be the last “protected class” to cash in on our unfortunate culture of victimhood.
This doesn’t have a thing to do with sexual orientation, It’s just a couple of sociopaths trying to get away with something.
“Did you consider that it might be the case that….”
Indeed, although this apparently was felt to be far less likely than that the sapphic pair had a flat tire, didn’t have enough money for cab fare, their tuxes didn’t come back from the cleaners, an old friend came in from out of town, someone stole their car, or there was an earthquake, terrible flood! Locusts!
IT WASN’T THEIR FAULT!!!
But the hatery hate gambit is always justified.
Did you consider that it might be the case that the jury was prejudiced against these women due to their sexual orientation?
Nope. I gave that no consideration at all.
Did you consider that it might be the case that the jury was prejudiced against these women due to their sexual orientation?
Nick:
“It seems early on the cops knew these women were good for it, but could not make the charge stick criminally. So, they relied on the insurance company. Understand, there is a deterrent for insurance companies playing fast and lose. In civil arson for profit cases like this, the homeowner sues the insurance company for bad faith. If a jury finds for the homeowner and that the insurance company acted in bad faith, the homeowner is awarded triple damages.”
That’s very interesting. That makes me suspect that the insurance company must have been quite sure of the evidence in their case to proceed with the civil trail, if the states were so high.
It would be really frustrating if the police did not have enough evidence to make a criminal case. Their allegations can affect Ms Millsaps’ reputation for the rest of her life, which can affect her job as well as social life. I wonder what the implications were to Millsaps when these alleged charlatans named her as a bigoted arsonist. Did they claim to be home when the fire started, which would have made their allegations include attempted murder? Did Milksaps get fired from her job or face other immediate consequences?
I do hope that the police re-examine this case, and that Millsaps explores slander options. Money will always prove a temptation to people of low character, who will exploit any angle to get it, including sexual orientation.
Isaac:
That’s an interesting perspective. Here in CA, we hear about the ubiquitous fires (there’s a big one going on right now) but rarely the outcome in communities, aside from the mudslides that occur in the next rain on burned slopes.
Sure the lezzies torched the place! Getting insurance money is great, but all the sympathy is fun, too! This makes me want to do a parody verse! Hmmm, what’s a good lesbian anthem??? Oh, I know!
I’m The Only One!
A Parody Verse by Squeeky Fromm
But I’m the only one
Who’ll go and start a fire for you!
I’m the only one
Who’ll make the house a pyre for you!
Then painting “queer” grafitti there
And pointing to the neighbor’s fair
Just think of all the loot we’ll share!
I’m the only one!
https://www.youtube.com/watch?v=oCphbDRkZSo
Squeeky Fromm
Girl Reporter
The lesson here is that Foucauldian anti-patriarchal deconstruction of truth and facts is all well and good for little things like falsely accusing random college boys of rape or getting BadWhites fired for daring not to toe the multicultural line at work or, here, falsely accusing a neighbor of arson.
But when you want actual *money* from an insurance company, well then, hoo boy, all of a sudden then there’s ‘FACTS’ and ‘SCIENCE’ and ‘CRIME’ and stuff.
None of that Marxian power discourse once actual corporate dough is involved.
Impecunious lesbians with BPD just want to fly, but those hatery hater corporate insurors go all “Gravity” on you.
We really have to work on that.
Reblogged this on Scoop Feed.
In this case regarding the arson, that should be pursued criminally. This is not, ‘just business’. Using the gay routine is unfortunate for gays but should be left out of it. Fraud is fraud and arson is arson. They should get jail time.
Following the Oakland fire of 1991, where over 3,000 homes were lost, I worked representing homeowners in determining the ‘replacement value’ of their homes. Initially the insurance companies attempted to screw the homeowners by using ‘tract home’ pricing for, in some cases, custom home losses. The insurance companies had run roughshod over 600+/- home owners after a fire just outside of Santa Barbara some years before and used the same arguments: lowball construction costs, fine print-“You only had the Super Duper policy but you need the Super Super Duper policy to rebuild to original specifications, etc. The difference between the Goleta fire and the Oakland fire was that the Insurance Commissioner during the Goleta fire was an advocate of the insurance industry and the Insurance Commissioner during the Oakland fire was a political animal who saw his career connected to what ended up being a group of highly influential home owners who resided in the Oakland and Berkeley Hills, doctors, lawyers, UC Berkeley professors, etc. They contacted a senator and the misdeeds of the insurance company became the battle flag of the experience. It was political and some millions of dollars in fines were levied against insurance giants such as Allstate for issuing policies by zip code-without documenting the house, etc. The lack of documentation lead to enormous exaggerations regarding finishes on the part of the homeowners, and ended up costing the insurance companies many millions. Most of the fifty +/- clients I represented made out like bandits. Drywall turned into Redwood paneling, carpet turned into Walnut floors, etc. The determination was political and almost every homeowner got on the band wagon. The good will and reputation of the insurance companies and the political connections of the home owners, along with the jackal lawyers that cleaned up, made for an average of 150% the payout that most homes would have needed to rebuild. In the Goleta fire, the payout was a half to two thirds.
The point of this long story is that it is a business and in the end the insurance companies continue to make money and have little interest in making a case like this criminal, bad press and customers stay away. Out of the fifty +/- clients that I dealt with three blatantly lied, adding extra levels, windows, etc. There were no charges laid. They got spanked a little but received a payout. I dumped them at the first obvious sign of a lie so I don’t know how they faired. They didn’t return the phone calls I avoided making. Everyone else looked at it as a battle to be won or lost. It’s just business. It doesn’t affect premiums in the long run. What is overpaid is balanced out with what is underpaid. In most cases the insurance company when it isolates a client, will screw the client. Only when their reputation is brought in will they pay up.
My personal experiences with auto accidents has been when you go to collect from the insurance company and it is substantial, they will put the screws to you. I went to the Insurance Commissioner and threatened to make a public battle of it focusing on bad faith etc and they paid up. In California the state will back the private citizen/resident. However, if you get a lawyer you are on your own and the lawyer gets 40% of a lower settlement that is easier and faster to get. The lawyer makes a few phone calls, has lunch with the adjuster, and you are forced to accept a ‘reasonable’ offer. The Achilles heel of the insurance corporations is their goodwill and profile. If your state has an Insurance Commissioner, file a bad faith complaint as soon as the insurance company starts screwing around: “Oh that file has been transferred to another agent.”, “I have to pass it up the line to my supervisor and he/she is away for a week.”, etc.
Reblogged this on My Journey and commented:
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 o however was never charged with arson or filing a false police report.
The alleged hate crime produced an outpouring of support for the couple.
A local paper, The Daily Times, did better reporting on the trial. The insurance company did not hire a private cause and origin investigator. They relied on the State Fire Marshal bomb and arson expert, who ruled this arson. Evidence was presented by a handwriting expert that the “Queer” written on the residence matched one of the couples handwriting. But, this is the clincher for me, the couple had 3 “guard dogs” that obviously did not guard the structure and all 3 “miraculously” were not injured. It seems early on the cops knew these women were good for it, but could not make the charge stick criminally. So, they relied on the insurance company. Understand, there is a deterrent for insurance companies playing fast and lose. In civil arson for profit cases like this, the homeowner sues the insurance company for bad faith. If a jury finds for the homeowner and that the insurance company acted in bad faith, the homeowner is awarded triple damages.
in a residential arson, you look for evidence like precious items like photos, home movies, pets. If “miraculously” those were pulled out of the residence just before the structure became engulfed in flames, then you have a big red flag. I will try and find more facts on this case.
Go for the jugular and upgrade charges to: Crime of Filing a False Report of Terrorism
Is it Illegal to File a False Report of Terrorism?
Yes- many states now have statutes which make it illegal for a person to make a false report of a terrorist attack or threat.
Such false claims are considered to be a great waste of resources, including, time, money, and personnel that could be devoted to real attacks.
What are the Legal Consequences of the Crime of False Report of Terrorism?
In many states the crime of false report of terrorism include prison time in a federal facility, with sentences ranging anywhere from 7-20 years.
The consequences may also include heavy fines as well. Some states consider the crime to be a violent felony, even if the defendant did not specifically commit any violent acts.
There seems to be some segment of the LGBT community that likes to vilify themselves and then blame others. Since they went after the insurance money, it is an arson case. I am not sure if there is something called “a reverse hate crime” but they seem to be guilty of it.
I have worked arson fires both criminally and civilly. Arson is EXTREMELY difficult to prove criminally. When it is arson for profit, many times law enforcement will rely on the insurance company to take away the profit in a civil lawsuit, where indeed the burden of proof is lower. The arsonist does not go to prison, but they are out a house, business, etc.
There is a concerted effort of late to go after insurance companies tactics of civil actions regarding arson. It is not totally unfounded. Cause and origin experts are the people who reconstruct and give expert testimony as to where and how a fire was started. Although these cause and origin experts consider themselves scientist, it is more craft than science. And, as you might imagine, there are superb to poor craftsman. Having worked hundreds of arson and subrogation fires, I have worked w/ the full gamut of cause and origin investigators. My job is to develop witness testimony to complement the crime scene work done by cause and origin people, who dig through the rubble. Good insurance companies hire the good cause and origin people who give objective findings. Slimy insurance companies hire the errand boy cause and origin investigators who give them what they want to hear.
Another protected class.
Societal mores determine likelihood of prosecution.