As some of you are aware, my daughter was murdered July 22nd. I have been asked by the few Kossacks who are know the facts and details about the case to post a follow up diary to the original, which can be found here: http://www.dailykos.com/... .
The reason why they and I want this information out is due to the gross incompetance of law enforcement that I feel not only led to her death, but as a culmination of legal and law enforcement errors and blunders that CAUSED her death.
As horrible as all of this has been for us to deal with, the worst part of all has been coming to the realization that due to the ignorance, stupidity and indifference of law enforcement, her death could have and should have been prevented.
If I could give you all of the details I have no doubt whatsoever that any reasonable thinking person of average intelligence would agree. No doubt whatsoever.
Here is my problem and why I am hoping that someone here may know what the legal implications may be should I post the details of which I am referring to. The last thing my wife and I need is some knucklehead law enforcement agency or official trying to turn this all around in a lawsuit to claim that we are somehow defaming them. They have been so nasty towards us that I feel if there is any way possible for them to sue us, they will.
Obviously I cannot be too specific here, but just a few of the questions I need answered.
1. Equal protection under the law: Suppose that a person is wanted for numerous violent crimes and you have firsthand knowledge of those crimes and where the person is hiding and you decide to turn this person in. Say the police bungle the opportunity to apprehend this person and they manage to get away and now this person realizes that it was you and only you that possibly could have told the police. At that point, if the wanted person was not apprehended due to gross incompetance by law enforcement, do they owe you police protection until which time they do succede in the wanted persons apprehesion?
Say this fugitive after realizing you have informed the police as to their whereabouts hunts you down and kills you and now another person is put in the exact same situation as you had been originally, that they have firsthand knowledge of your murder and the whereabouts of your killer and decides to come forward with this information and this information leads to your killers arrest. The police give this informant police protection.
Being that both of you provided information regarding the same wanted person, does equal protection under the law extend to including police protection after giving information about the fugitive? In other words, should you have been offered up the same police protection as the second informant?
2. Who is in authority that has the capacity or power to override a autopsy in progress in a state where an autopsy is required by law?
3. Does the interference of an autopsy constitute the elements of "interfering or impeding an official investigation"?
4. If I "name names" in an honest, truthful manner, can I be held liable for any civil action?
5. Expounding my last question: if I were to write out what position these people hold, whether they be law enforcement or simply civilian as opposed to actually naming them, can I be held liable for any civil action if what I write is honest and truthful?
I would certainly appreciate anyone who has legal knowledge to either answer in the comments or contact me via email at playtonjr@cfl.rr.com
I am quite certain that this particular case is one of which comes about every so often that can and should lead to laws being changed regarding how the legal system handles restraining orders in domestic violence cases and what is required of women who as victims to obtain restraining orders.
Because of this, I feel it of utmost importance that her entire story be told in hopes that as a community we can act to get laws changed to ensure what happened to her never happens again. What I don't need is anyone trying to come after me with a lawsuit, one of the people closely involved, the one who "called in favors" from officials whom were as he says were his "best friends", to stop her autopsy is extremely rich and will come after me any way possible. He is a civilian, not law enforcement, I am guessing there is a distinction between the two and whether law enforcement can sue me is obviously a question, I have no doubt that this person can and will.
If anyone here can answer any of the questions I have posed please contact me. I thank you in advance for any help you may offer.