EXCLUSIVE: Lawyer for man accused of mother’s disappearance speaks about case (with clip)
August 30, 2019
"...His family blames him for both the dead of his grandfather and the disappearance of his mother. But they’ve had a hard time making that case before a judge.
This has a lot to do with what’s called a slayer rule. The idea that you shouldn’t benefit if you kill someone.
Connecticut has stricter rules than some other states and the family would first need a criminal conviction.
Carman stands to inherit millions after the death of his grandfather in 2013 and disappearance of his mother in 2016.
His family is trying to block him, saying he’s responsible for both incidents. They’re appealing a New Hampshire ruling that says the issue belongs in a Connecticut court.
Jeffrey Cooper, a law professor at Quinnipiac University, says court location is crucial because of the slayer rule.
“The slayer rule goes back to Roman times, and the idea is that one shouldn’t profit from a wrong,” Cooper said.
But Connecticut’s slayer rule requires a criminal conviction. Some states, like New Hampshire, allow relatives to make the argument themselves in civil proceedings.
“In a place like New Hampshire where you don’t have a rigid statute, the judge is going to have a lot of discretion,” Cooper said....
Federal law has a three-year statute of limitations on charges related to Linda’s disappearance, but homicides in Connecticut have no such limit.
Meanwhile, Cooper says this case could take a while to resolve, even if Carman is never charged with a crime.
“Depending on the terms of the trust, it could definitely be a while before all of this is resolved,” Cooper said.
As for Carman’s trial with the boat insurance, both sides are due in federal court in Providence, Rhode Island Wednesday for closing arguments."
EXCLUSIVE: Lawyer for man accused of mother’s disappearance speaks about case
