IN - Four sisters, ages 5-11, die in Flora house fire, Nov 2016

[FrostedGlass]

Indiana Court of Appeals agrees with county over release of 911 audio recording | Carroll County Comet
"The Carroll County E911 Dispatch Call Center was asked for a copy of the initial call made to the Center when the fatal fire in Flora was reported in November 2016. As previously reported, Fox 59 television station in Indianapolis made the request. Carroll County Commissioners, on advice of their attorney Ted Johnson, directed E911 Director Cassie Lane to provide..."
The rest of the article is behind a subscription wall. I hope something new comes to light. Do we know who made the 911 call?

A Youtuber, MEOWZEDONG, has been covering this case for a long time and recently did some digging into the refusal to release the 911 recording. Credit for some of the following that I'm posting goes to her.
Also, thanks to @chaz.

On June 13, 2017, Fox reporter, Aishah Hasnie, requested any 911 recordings related to the November 2016 fatal house fire in Flora. Carroll Co. refused to release them and AH filed a formal complaint, which the Office of the Public Access Counselor received on July 10, 2017.

Here is a link to his opinion https://www.in.gov/pac/files/advisory/17-FC-167.pdf
He writes at length about the issue and ends with this:
It is my opinion that as a general premise, 911 tapes are part of the daily record of activity. It is conceivable that many 911 calls are taken and handled in a routine matter and often do not involve an alleged crime or lead to an investigation of criminal activity. It is my opinion that those 911 tapes are presumed to be public records subject to disclosure under the APRA. See I.C. § 5-14-3-3.
CONCLUSION
Based on the foregoing, it is the Opinion of the Public Access Counselor that Carroll County E-911 violated the Access to Public Records Act.

 

[FrostedGlass]

By 02/21/2018, AH still had not been given access to the tapes so she filed this:

Indiana Courts Case Search - MyCase

Indiana Supreme Court, Public Access

public.courts.in.gov

Aishah Hasnie v. Carroll County E 911
Case Number 49D02-1802-MI-007041
Court Marion Superior Court 2
Type MI - Miscellaneous Civil
Filed 02/21/2018
Status 03/17/2022 , Decided

The judge sided with her.

10/23/2019

Order Granting Motion for Summary Judgment Judicial Officer: Oakes, Timothy Wayne

But then, Carroll County E 911 gave notice they were appealing; so the court put a hold on the judgment.

11/25/2019

Order Granting DEFENDANT'S MOTION TO STAY (pending appeal)

Here is their case against her.
Carroll County E 911 v. Aishah Hasnie, et al.
Case Number 19A-MI-02682
Court Court of Appeals
Type MI - Miscellaneous Civil
Filed 11/18/2019
Status 09/25/2020 , Closed

I'm breaking these posts up a bit because there is so much going on with the cases.

 

[FrostedGlass]

Here is the video of the commissioners' meeting where they are trying to decide whether they should fight the judgement or pay AH's atty fees and hand over the tapes. Nick McLeland is a solid push toward keeping those tapes sealed. Had we known his stance on sealing docs, we might not have been so surprised with how the Delphi case has gone. I wonder if he sealed all docs in his murder case in Flora = Willie Smith.

For those of you who prefer reading versus watching, the transcript is available at those 3 little dots icon.

 

[FrostedGlass]

Picking back up with this one
Carroll County E 911 v. Aishah Hasnie, et al.
Case Number 19A-MI-02682
Court Court of Appeals

Parties to the Case​

Show all party details

Appellant	Carroll County E 911
Appellee	Hasnie, Aishah
Appellee	Tribune Broadcasting Indianapolis, LLC d/b/a Fox 59
Friend of the Court	Indiana Prosecuting Attorneys Council
Friend of the Court	State of Indiana
Friend of the Court	Reporters Committee for Freedom of the Press
Friend of the Court	ALM Media, LLC
Friend of the Court	The Associated Press
Friend of the Court	The E.W. Scripps Company
Friend of the Court	Gannett Company, Inc.
Friend of the Court	Hoosier State Press Association Foundation
Friend of the Court	Indiana Associated Press Media Editors
Friend of the Court	Indiana Broadcasters Association
Friend of the Court	Indiana Coalition for Open Government
Friend of the Court	The Indiana Pro Chapter of the Society of Professionl Journalists
Friend of the Court	International Documentary Association
Friend of the Court	The Media Institute
Friend of the Court	MPA - The Association fo Magazine Media
Friend of the Court	National Press Photographers Association
Friend of the Court	Society of Environmental Journalists
Friend of the Court	Society of Professional Journalists
Friend of the Court	Tully Center for Free Speech

There were really good points made by all parties. From the appellant's brief on 01/08, pg 9:

"The public release of the 911 recordings would harm the investigation.
This is because recordings contain details about the fire that are not
publicly known, including who witnessed the fire, what they reported about what
they saw, when they witnessed it, the witnesses’ awareness of who occupied the
home where the fire occurred, and conversations occurring in the background of the
calls. Id. Allowing those details to become publicly known would undermine the
ongoing investigation because these details take significance when investigators
interview witnesses and potential suspects. Id. If the details in the 911 recordings
became publicly known, potential suspects and witnesses could use this information
to evade questioning and it would limit investigators’ ability to know what
information suspects have first-hand knowledge of and which information witnesses
learned through public disclosure of evidentiary material like 911 recordings. "
*****
The Amicus Brief is impressive; it was filed on 02/14/2020 in the case. You can read all 20+ pgs.
The appellee's brief was filed on 02/06; 41 pgs.

I may pick through those 2 briefs later; but not tonight.

The grand finale of this case was to be an oral argument before the Court of Appeals. They set a date, they cancelled the date, (citing Covid) and issued an opinion :

03/10/2020

Order Granting Motion for Oral Argument Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Motion for Oral Argument is granted. 2. This case is scheduled for Oral Argument for the following date, time, and place: Thursday, April 23, 2020 1:30 p.m.,

04/13/2020

Order Cancelling Oral Argument

OPINION, 16 pages later and at this point, I'm clueless as to the further proceedings:

Conclusion
[23] In sum, we hold that the trial court erred when it entered summary judgment for Fox 59 and concluded that the Dispatch Center was not entitled to withhold the 9-1-1 calls as investigatory records of law enforcement agencies. However, we hold that the trial court did not abuse its discretion when it substituted Fox 59 for Hasnie as the real party in interest. Thus, we affirm in part, reverse in part, and remand for further proceedings. [24] Affirmed in part, reversed in part, and remanded for further proceedings. Crone, J., and Tavitas, J., concur.

 

[FrostedGlass]

A hat tip to Youtuber meowzedong for Tweeting this link; it's a Fox59 interview with ISP D. Carter. In it DC says the mom is not a suspect. Fox59's Chief Investigator Steve Brown said GR has begun another case and the discovery necessary for it may be available to the public late this year.

Here is GR's case
Defendants: Joshua Ayres and Birch Tree Holdings, LLC
Interested Party: TOWN OF FLORA
Mediator: Richard McDevitt
Plaintiff: Gaylin Rose

Rose v. Birch Tree Holdings, LLC et al (2:18-cv-00197), Indiana Northern District Court

Rose v. Birch Tree Holdings, LLC et al (2:18-cv-00197), Indiana Northern District Court, Filed: 05/18/2018

www.pacermonitor.com

Indiana Northern District Court
Judge:	Philip P Simon
Referred:	John E Martin
Case #:	2:18-cv-00197
Nature of Suit	360 Torts - Personal Injury - Other Personal Injury
Cause	28:1332 Diversity-Personal Injury

Friday, May 19, 2023
259		misc Proposed Pretrial Order Fri 05/19 2:28 PM Proposed Pretrial Order by Birch Tree Holdings, LLC. (Lemon, Jeremy)

 

[FrostedGlass]

I decided to subscribe for a free acct at Pacer, with a $5 fee for each item I want to see. The benefit of this is I can see all of the filings (but not the details of the info in them). See that number in the above post: 259? That the number of the filings since May 18, 2018.

 

[FrostedGlass]

Justia has 4 documents from her case available for public viewing. The motion for a protective order by BTH is interesting.

August 25, 2022​	Filing 219 OPINION AND ORDER: The Court DENIES plaintiff's motion for partial summary judgment 176 . GRANTS in part and DENIES in part defendants' motions for summary judgment 168 , 171 , 173 , on the terms identified in this Opinion and Order. GRANTS plaintiff's motion to strike defendant Birch Tree's cross motion for summary judgment 210 . STRIKES defendant Birch Tree's cross motion for summary judgment 190 . GRANTS plaintiff's motion for leave to file reply exhi bit 211 . DENIES as moot plaintiff's motion for the court to not consider defendants' new arguments in their reply brief 216 and REFERS this case to Magistrate Judge John E. Martin for settlement proceedings. Should those proceedings be fruitless, a trial date andpretrial filing deadlines will be set under separate order. Signed by Senior Judge James T Moody on 8/25/2022. (mrm)​
December 21, 2021​	Filing 164 OPINION AND ORDER DENYING 151 MOTION for Protective Order by Defendant Birch Tree Holdings, LLC and ORDERING the deposition of Jeff Tipton to occur on or before 1/31/2022. Signed by Magistrate Judge John E Martin on 12/21/2021. (lhc)​
April 16, 2020​	Filing 106 OPINION AND ORDER GRANTING 88 Second MOTION for Default Judgment as to Damien Davis filed by Gaylin Rose. The court RESERVES entry of final judgment until the resolution of the remaining claims in this case. Signed by Senior Judge James T Moody on 4/16/2020. (mrm)​
December 11, 2018​	Filing 41 OPINION AND ORDER The Court GRANTS the Motion to Quash Subpoena Duces TecumDE 22 and QUASHES the subpoena issued by Defendants to the Flora Fire Department. The Court DENIES as moot the Motion to Intervene DE 34 and GRANTS Plaintiffs' Motio n for Leave to File Amend Complaint and Memorandum of Law in Support DE 35 . The Court ORDERS Plaintiff to file the Amended Complaint, currently on the docket as an attachment to the instant Motion, on or before December 18, 2018. The Court ORDERS t hat Attorney Paul S. Kruse, and the law firm of Parr Richey Frandsen Patterson Kruse, be disqualified from any further involvement in this matter, and DIRECTS the Clerk of Court to terminate the appearance of Attorney Paul Kruse as attorney of record for Movant Damien Lee Davis on the docket for this case. Signed by Magistrate Judge John E Martin on 12/11/18. (kjp)​

Rose v. Birch Tree Holdings, LLC et al

Other Personal Injury case filed on May 18, 2018 in the Indiana Northern District Court

dockets.justia.com

 

[TL4S]

Justia has 4 documents from her case available for public viewing. The motion for a protective order by BTH is interesting.

August 25, 2022​	Filing 219 OPINION AND ORDER: The Court DENIES plaintiff's motion for partial summary judgment 176 . GRANTS in part and DENIES in part defendants' motions for summary judgment 168 , 171 , 173 , on the terms identified in this Opinion and Order. GRANTS plaintiff's motion to strike defendant Birch Tree's cross motion for summary judgment 210 . STRIKES defendant Birch Tree's cross motion for summary judgment 190 . GRANTS plaintiff's motion for leave to file reply exhi bit 211 . DENIES as moot plaintiff's motion for the court to not consider defendants' new arguments in their reply brief 216 and REFERS this case to Magistrate Judge John E. Martin for settlement proceedings. Should those proceedings be fruitless, a trial date andpretrial filing deadlines will be set under separate order. Signed by Senior Judge James T Moody on 8/25/2022. (mrm)​
December 21, 2021​	Filing 164 OPINION AND ORDER DENYING 151 MOTION for Protective Order by Defendant Birch Tree Holdings, LLC and ORDERING the deposition of Jeff Tipton to occur on or before 1/31/2022. Signed by Magistrate Judge John E Martin on 12/21/2021. (lhc)​
April 16, 2020​	Filing 106 OPINION AND ORDER GRANTING 88 Second MOTION for Default Judgment as to Damien Davis filed by Gaylin Rose. The court RESERVES entry of final judgment until the resolution of the remaining claims in this case. Signed by Senior Judge James T Moody on 4/16/2020. (mrm)​
December 11, 2018​	Filing 41 OPINION AND ORDER The Court GRANTS the Motion to Quash Subpoena Duces TecumDE 22 and QUASHES the subpoena issued by Defendants to the Flora Fire Department. The Court DENIES as moot the Motion to Intervene DE 34 and GRANTS Plaintiffs' Motio n for Leave to File Amend Complaint and Memorandum of Law in Support DE 35 . The Court ORDERS Plaintiff to file the Amended Complaint, currently on the docket as an attachment to the instant Motion, on or before December 18, 2018. The Court ORDERS t hat Attorney Paul S. Kruse, and the law firm of Parr Richey Frandsen Patterson Kruse, be disqualified from any further involvement in this matter, and DIRECTS the Clerk of Court to terminate the appearance of Attorney Paul Kruse as attorney of record for Movant Damien Lee Davis on the docket for this case. Signed by Magistrate Judge John E Martin on 12/11/18. (kjp)​

Rose v. Birch Tree Holdings, LLC et al

Other Personal Injury case filed on May 18, 2018 in the Indiana Northern District Court

dockets.justia.com

Is this the same Jeff Tipton? Maybe an expert witness?

https://www.linkedin.com/in/jeff-tipton-a4555545

 

[FrostedGlass]

Is this the same Jeff Tipton? Maybe an expert witness?

https://www.linkedin.com/in/jeff-tipton-a4555545

I can't see that one; is it this one? ​

Jeff Tipton, CFI, CFEI, CVFI​

Jeff Tipton is a Certified Fire Investigator (CFI), Certified Fire and Explosion Investigator (CFEI), and a Certified Vehicle Fire Investigator (CVFI). He is also a ASE Automotive Technician, Certified Mechanic and licensed Residential Builder. A retired firefighter from Benton Harbor, Mr. Tipton has been investigating the origin and cause of fires while on the fire department since 2001, and as a private investigator since 2009. Mr. Tipton has testified as an origin and cause expert in depositions and at trial.

Here... Feb 14, 2022

Att: 13 Exhibit Defendants Expert Deposition - Todd Hetrick, Att: 14 Exhibit Defendants Expert Deposition - Jeff Tipton

 

[TL4S]

I can't see that one; is it this one? ​

Jeff Tipton, CFI, CFEI, CVFI​

Jeff Tipton is a Certified Fire Investigator (CFI), Certified Fire and Explosion Investigator (CFEI), and a Certified Vehicle Fire Investigator (CVFI). He is also a ASE Automotive Technician, Certified Mechanic and licensed Residential Builder. A retired firefighter from Benton Harbor, Mr. Tipton has been investigating the origin and cause of fires while on the fire department since 2001, and as a private investigator since 2009. Mr. Tipton has testified as an origin and cause expert in depositions and at trial.

Here... Feb 14, 2022

Att: 13 Exhibit Defendants Expert Deposition - Todd Hetrick, Att: 14 Exhibit Defendants Expert Deposition - Jeff Tipton

That's the one!

 

[Charlot123]

I believe this is the first set of stairs, then the second one leading to the bedroom.

View attachment 401229View attachment 401230

I can imagine the regular fire doing this as I once watched a house being engulfed in flames. These are the materials used that might contribute, JMO. Plywood instead of brick, what does one expect? But I can also imagine how much worse it could be with an accelerant.

 

[FrostedGlass]

Another source for info; it's long but an easy read.

Rose v. Birch Tree Holdings, LLC, CAUSE NO.: 2:18-CV-197-JTM-JEM | Casetext Search + Citator

Read Rose v. Birch Tree Holdings, LLC, CAUSE NO.: 2:18-CV-197-JTM-JEM, see flags on bad law, and search Casetext’s comprehensive legal database

casetext.com

snip (The motion to quash is covered in-depth)
Defendants issued a subpoena to the Flora Fire Department, seeking "[a]ny and all investigative materials" concerning the fire. The Town seeks to quash the subpoena, arguing that the documents sought are covered by the law enforcement investigative privilege because a criminal investigation into the matter is ongoing. Defendants argues that quashing the subpoena would result in "manifest injustice," because the information requested in the criminal investigation would reveal the identity of another culpable party, which would affect their potential liability under the Indiana Comparative Fault Act.
***
For the foregoing reasons, the Court GRANTS the Motion to Quash Subpoena Duces Tecum [DE 22] and QUASHES the subpoena issued by Defendants to the Flora Fire Department.

 

[Boxer]

MOO Indiana seems like trying to read a book dipped in mud, all their legal procesees seem fatally obsured by cronyism.

 

[FrostedGlass]

MOO Indiana seems like trying to read a book dipped in mud, all their legal procesees seem fatally obsured by cronyism.

Well said.

Are other states like Indiana? I only follow a couple of others and don't dig into them like I do Indiana.

 

[Boxer]

Well said.

Are other states like Indiana? I only follow a couple of others and don't dig into them like I do Indiana.

IDK. This is my deepest dive, but I have never seen a situation elsewhere like RL being in front of a judge and saying something knowing and cryptic to the court during sentencing.

Ex-Judge Fouts' obsessive criminal pursuit of an underage prostitute was likely well known in the extensive shady side of Delphi, making RL's statement make complete sense.


“Maybe in the future no one else will be murdered in my backyard,” Logan told Carroll Superior Judge Kurtis Fouts, apparently to the surprise of his own attorney, when asked if he wished to speak up for himself."

Delphi property owner sentenced to more than three years in jail for habitual traffic violations

CARROLL COUNTY, Ind.– The owner of the land where two Delphi girls were found murdered in February was sentenced to almost four years in prison on illegal driving charges. Ron Logan, 77, plea…

cbs4indy.com

 

[FrostedGlass]

IDK. This is my deepest dive, but I have never seen a situation elsewhere like RL being in front of a judge and saying something knowing and cryptic to the court during sentencing.

Ex-Judge Fouts' obsessive criminal pursuit of an underage prostitute was likely well known in the extensive shady side of Delphi, making RL's statement make complete sense.


“Maybe in the future no one else will be murdered in my backyard,” Logan told Carroll Superior Judge Kurtis Fouts, apparently to the surprise of his own attorney, when asked if he wished to speak up for himself."

Delphi property owner sentenced to more than three years in jail for habitual traffic violations

CARROLL COUNTY, Ind.– The owner of the land where two Delphi girls were found murdered in February was sentenced to almost four years in prison on illegal driving charges. Ron Logan, 77, plea…

cbs4indy.com

A fine sleuth I am. That possible connection went right over my head.

 

[FrostedGlass]

New update in GR's case. I've never seen a trial brief.

Friday, June 02, 2023
262		trial Trial Brief Fri 06/02 4:41 PM TRIAL BRIEF RESPECTING THE "DUTY" ISSUE by Birch Tree Holdings, LLC. (Shea, James)
261		trial Trial Brief Fri 06/02 3:50 PM TRIAL BRIEF Regarding Common Law Duty by Joshua Ayres. (Bont, Jonathan)
260		trial Trial Brief Fri 06/02 3:42 PM TRIAL BRIEF by Gaylin Rose. (Lee, Nathaniel)

 

[FromGermany1]

What is a Trial Brief? (with pictures)

A trial brief is a formal statement presented to a court to provide information about a person's position in a case, familiarize...

www.mylawquestions.com

Judges can also request briefing on particular matters in a case to make sure they fully understand them and are prepared to handle the case appropriately.

 

[Charlot123]

Well said.

Are other states like Indiana? I only follow a couple of others and don't dig into them like I do Indiana.

It is all poverty and economy. Any poor state is in many ways like Indiana. In terms of how easy it is to get out of poverty, Indiana has drawbacks (for example, location - not on the coast. It closes lots of opportunities). The question why Midwest works so hard to do better economically and why it doesn't work is a puzzling one.

 

[Boxer]

It is all poverty and economy. Any poor state is in many ways like Indiana. In terms of how easy it is to get out of poverty, Indiana has drawbacks (for example, location - not on the coast. It closes lots of opportunities). The question why Midwest works so hard to do better economically and why it doesn't work is a puzzling one.

MOO They were on to something with free silver but lost the thread.