Found Deceased KY - James 'Mike' Kimsey, 48, Louisville, 29 May 2015

[mrsNKY]

This is my first post on Websleuths, but I have been lurking for about two years almost daily. So, here is something that gave me pause when listening to the dads statement. He stated that the last time he talked to him, was the day before he went missing and basically what sounds like it was normal. Then the father goes on to say along the lines of suddenly he says "I gotta go" then he just hung up. I wonder what approximate time this would have happened and what could be going on at that time. If you watch the fathers face, I think that may have been an out of the ordinary way to end the conversation. The dad then just gives a shrug and turns away from the camera. I have talked on the phone and said, well I gotta go now or these boys are fighting so I gotta go. At least you will normally say what's going on if it requires immediate attention. But, then again maybe it's just me. I also wonder, if he had been in bed that evening and abruptly left or was he staying in a different room? And lastly, personally, if my husband was missing, if he had been gone several hours, after attempting to call him, I would check with the family in Tennessee to see if they had heard from him or was with them. Surely if she had reported it to police prior to the four days, they would have checked with his family, to make sure there wasn't a simple answer. I just asked myself these questions, and this is just MY take on things.

 

[abstr]

HIPAA(correct acronym)_.....does in fact cover anyone who works in the doctors office or health insurance company. It also applies to a doctor denying a diagnoses.
It wouldn't cover a family member but they don't know the private diagnoses due to HIPAA. Unless they were told by said patient they cannot DIAGNOSE a patient!
When HIPAA was established I was on the ground floor training patient care providers. It is complicated in some things but you are speaking fact about something you don't know 100%
http://www.hhs.gov/ocr/privacy/

IMO.....I am a big fan of those three letters.

 

[fred&edna]

If I remember correctly (and please correct me if I'm wrong), there wasn't a lot of LE searches in the Leanne Bearden case. So #1 may not mean a lot.

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I didn't follow the Bearden case, but I did find this news report:

"After she went missing, relatives and friends worked intently to spread the word as the search for her -- on the ground and from the air, using helicopters -- expanded. One such search in January covered 23 acres."

http://www.cnn.com/2014/02/14/us/texas-missing-woman/


And, the only thing I know regarding a search in Kimseys' case is:

"Owen said authorities searched in and around Kimsey's home. And police dogs canvassed the woods nearby. Nothing came up."

http://www.wlky.com/news/louisville-ups-pilot-missing-for-two-months/34510356

 

[Tripplogan]

A patient can indicate their approval for the doctor to disclose information to another person by completing a form.

 

[fred&edna]

What is considered a "personal connection" or "insider"? Would that be anyone who knew Mike well, or talked to him frequently?

Here's a link to WS "verified insider" information:

http://www.websleuths.com/forums/sh...n-Process-for-Professional-or-Insider-Posters

(I know an insider was recently verified by WS and has been providing insight in the Dr Teresa Sievers (Florida) murder case... and it's been quite interesting)

 

[Wyle_E_Coyote]

I didn't follow the Bearden case, but I did find this news report:

"After she went missing, relatives and friends worked intently to spread the word as the search for her -- on the ground and from the air, using helicopters -- expanded. One such search in January covered 23 acres."

http://www.cnn.com/2014/02/14/us/texas-missing-woman/


And, the only thing I know regarding a search in Kimseys' case is:

"Owen said authorities searched in and around Kimsey's home. And police dogs canvassed the woods nearby. Nothing came up."

http://www.wlky.com/news/louisville-ups-pilot-missing-for-two-months/34510356

Just from memory, I believe most of the Leanne Bearden searches were by family rather than LE. There may be exceptions, but generally LE won't conduct searches unless they have some info guiding them to a specific search location. So after they searched the immediate area around his home, they wouldn't waste resources on searching random areas.

Friends and family are free to search random areas, and often do, but they rarely find anything.

Sorry if I wasn't clear enough in specifying LE searches!

Moo


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[fred&edna]

Just from memory, I believe most of the Leanne Bearden searches were by family rather than LE. There may be exceptions, but generally LE won't conduct searches unless they have some info guiding them to a specific search location. So after they searched the immediate area around his home, they wouldn't waste resources on searching random areas.

Friends and family are free to search random areas, and often do, but they rarely find anything.

Sorry if I wasn't clear enough in specifying LE searches!

Moo


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Gotcha'

Do you think LE waited too late to search the house and woods with the dogs?

 

[Wyle_E_Coyote]

Gotcha'

Do you think LE waited too late to search the house and woods with the dogs?

I'm probably not the best person to ask, since I lean toward suicide. I think he walked several miles, outside of the immediate area. Dogs sometimes work and sometimes don't, so who knows if they would have found anything if used earlier. Even if there was foul play, a search might not turn up anything useful. The search of Susan Powell's house only found, if I remember correctly, a wet spot on the bedroom carpet. Nothing to indicate foul play or that would help find her. So, no, I don't think it really made a difference.

Searches are certainly important, but IMO missing people are more often found accidentally (for example, by hunters) or by LE investigation leading to a targeted search.

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[Annie1004]

Seems to me one of the reasons we haven't heard much about searches, both by LE and volunteers, is because the spouse, el al. do not appear to be pushing LE and getting the word out near and far.

I do not think he committed suicide, although pushing 50 isn't always easy for some men. There is no indication pointing in that direction, IMHO.

Something happened in that house the evening he disappeared, again, IMHO. One just doesn't vanish into thin air on his/her own.

If my family member was missing and I had nothing to do with it, you bet I would be shouting from the rooftops and driving LE nuts.

Hinky meter in full blast since the beginning.

 

[hippy hippy]

No one big thing, just lots of little things... his health issues/surgeries... most murders are pretty sloppy and the body is found pretty quickly... possible marital issues... lack of motive for anyone close to him... he didn't live in an urban or high crime area, so not likely to be a stranger... statistically, wives rarely murder their husbands (plus, she was a sahm, right? So she just lost the family income, and no body means no quick insurance payout, so she's likely in a bind, financially, or may be soon)... most murders involve a single perp, and I can't see the most likely possible suspect being able to disappear him without help (and how do you get help like that? How do you start that conversation?)...based on what I've seen in other cases, a lack of effort on the part of police tends to indicate they don't think there was foul play... and in general, gut feeling based on years of reading on this and other similar sites.

And I'm sorry, but I totally discount statements that he would never do such a thing. First, no one can know what's in another person's head. Second, I've seen too many times when people did, indeed, do exactly what their friends and family swore they wouldn't. I could probably find a dozen current threads on this site like that right now. Third, with such a stressful and traumatic event, those close to the person tend to idealize them, and there's often a hefty amount of denial as well.

All just my opinion, and I can certainly be wrong.

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Hi
I have been dropping in on this case as well as on a few others on WS of middle aged people who have vanished into thin air, so to speak. The reason being that I became directly involved with a search for a missing 62 year old woman from USA here in my hometown in Scotland. The police here gave up searching after just a few weeks, family flew home and no one else was searching. I continued to search daily on my own, with my dogs, in a certain area that I was drawn to for my own reasons, a random area if you like, and found this website so posted my searches and maps and investigation. After two months of close friends and family messaging me to help me. And assuring me that it could not be suicide because she would never do this etc etc, a close friend eventually flew over here, also initially discounted suicide but did entertain the idea more than others. She began badgering police to reopen the search based on the area I was searching. They would not, so she organised a few locals and a non LE K9 searcher and the lady was found, in the area I was focusing on, by a local and his dog, on the second group search that was organised. Suicide.

 

[Wyle_E_Coyote]

Occam's Razor... the explanation requiring the fewest assumptions is likely the correct one.

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[Wyle_E_Coyote]

Hi
I have been dropping in on this case as well as on a few others on WS of middle aged people who have vanished into thin air, so to speak. The reason being that I became directly involved with a search for a missing 62 year old woman from USA here in my hometown in Scotland. The police here gave up searching after just a few weeks, family flew home and no one else was searching. I continued to search daily on my own, with my dogs, in a certain area that I was drawn to for my own reasons, a random area if you like, and found this website so posted my searches and maps and investigation. After two months of close friends and family messaging me to help me. And assuring me that it could not be suicide because she would never do this etc etc, a close friend eventually flew over here, also initially discounted suicide but did entertain the idea more than others. She began badgering police to reopen the search based on the area I was searching. They would not, so she organised a few locals and a non LE K9 searcher and the lady was found, in the area I was focusing on, by a local and his dog, on the second group search that was organised. Suicide.

There seems to be a lot of suicides like this over the last year. I'm so glad you were able to help find her and bring peace to her family.

Again, no one can know what's in another person's head, and friends and family that are distant may think they are more in tune with that person than they really are. Heck, even close friends overestimate how much they know a person. Years ago, there was a murder/suicide in my town, and I worked with a close friend of the couple. When I say close, they were really close, their families went on long vacations together, over at each other's houses constantly, etc. She refused to believe it was murder/suicide. Refused to believe it for months... no signs, no depression, they were a happy couple, he wouldn't do such a thing... I don't know if she ever really accepted it.

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[Anchorage]

Based on everything being so far out and complicated, I would think suicide if a real possibility. I wish someone would a least look around the clumps of woods out there.
Also, HIPAA DOES apply to all persons, even spouses. it is your right to not allow your spouse to know your healthcare information, and any provider who has not gotten you to sign this permission is breaking the law. Having the relationships we normally do, it is more common to allow your spouse to be in on all processes concerning your health, but it does it have to me. I was involved with some pediatric cases where the child of 15, 16, did not want information shared with the parents, and we had to abide by that. But, having said all that, I don't think HIPAA and health information has any bearing here.

 

[fred&edna]

Seems to me one of the reasons we haven't heard much about searches, both by LE and volunteers, is because the spouse, el al. do not appear to be pushing LE and getting the word out near and far.

I do not think he committed suicide, although pushing 50 isn't always easy for some men. There is no indication pointing in that direction, IMHO.

Something happened in that house the evening he disappeared, again, IMHO. One just doesn't vanish into thin air on his/her own.

If my family member was missing and I had nothing to do with it, you bet I would be shouting from the rooftops and driving LE nuts.

Hinky meter in full blast since the beginning.

I agree.

Even if we opt for the suicide theory... it's more than difficult to understand the absence of requests by closest, local family to find him (his body) as soon as possible. (My opinion, of course)

 

[Wyle_E_Coyote]

Seems to me one of the reasons we haven't heard much about searches, both by LE and volunteers, is because the spouse, el al. do not appear to be pushing LE and getting the word out near and far.

I do not think he committed suicide, although pushing 50 isn't always easy for some men. There is no indication pointing in that direction, IMHO.

Something happened in that house the evening he disappeared, again, IMHO. One just doesn't vanish into thin air on his/her own.

If my family member was missing and I had nothing to do with it, you bet I would be shouting from the rooftops and driving LE nuts.

Hinky meter in full blast since the beginning.

Do you have a theory on motive?

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[abstr]

Based on everything being so far out and complicated, I would think suicide if a real possibility. I wish someone would a least look around the clumps of woods out there.
Also, HIPAA DOES apply to all persons, even spouses. it is your right to not allow your spouse to know your healthcare information, and any provider who has not gotten you to sign this permission is breaking the law. Having the relationships we normally do, it is more common to allow your spouse to be in on all processes concerning your health, but it does it have to me. I was involved with some pediatric cases where the child of 15, 16, did not want information shared with the parents, and we had to abide by that. But, having said all that, I don't think HIPAA and health information has any bearing here.

You are correct but my answer that it doesn't apply to the spouse is if the spouse (after granted permission to have the information) was meaning that the spouse is not to my knowledge of HIPAA have a legal obligation not to disclose the information. Hope this is more clear. Sorry if my post was confusing. MOO

 

[Wyle_E_Coyote]

I agree.

Even if we opt for the suicide theory... it's more than difficult to understand the absence of requests by closest, local family to find him (his body) as soon as possible. (My opinion, of course)

I can go either way with that. I sure don't like it, but, sadly, there's a lot of cases where the family doesn't push. Who knows, maybe she has reason to believe he left and is shacking up with someone, or maybe she is an extreme introvert or not comfortable pushing, or simply doesn't know what to do, or she suspects suicide but doesn't want to find out and would prefer the hope that comes with not knowing.

But I do agree, it does make her look really bad.

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[fred&edna]

Would HIPAA apply to a family member who went to physician visits with Mike, and who Mike had signed a release for them to know his personal health information? My understanding of HIPAA is that a patient can sign a release for personal information to be given to another person or persons, as he/she so designates. Has there been a change in this rule? Typically at medical offices, pharmacies, or any healthcare facility or financial institution, a patient or account holder can designate who has access to their information. Has this changed?

I think I'm confused about the HIPAA questions/comments.

But here's an example of my interpretation:

If Mike signed a release of information at Dr XYZ's office naming you "Rocky Road" as authorized to have access to his medical records, then Dr XYZ can provide you with info from his/her office (and there are limitations as to specifics).

Obviously, the intent is for this medical information is to be used in relation to decisions in Mike's treatment, etc. However, with whom you share this info/how you use it... that's up to you. I have no idea if there are legal ramifications beyond this (but, it's an interesting question!)

 

[Unsolved]

woodmont is an upper middle class neighborhood, and mike's house is on the main drag near the front entrance. he is well known by face, if not by name, because he would spend many days outside watching the traffic come and go in the neighborhood. in fact, that particular behavior was found a little creepy by some residence. his mailbox was run down twice within a month about a year ago, and some think that's why he keeps a watchful eye.

Oh, and by the way... The paranoid reaction to the mailbox has been debunked by multiple neighbors. They said they were accidental, explaining his house was in a curve and the sun was blinding at certain times of the day so there had been a couple of accidents - nothing malicious involved.

You may understand the mailbox now, but at the time, he was reported to have been watching it, to the point that some neighbors were spooked by it.

I dunno guys, grasping at straws here Sorry for bringing the (possible) mailbox damage up again, but I'm bumping up something I posted back on #184 about a neighborhood variance appeal meeting in May 2014 (check page 2 for wife's name listed):

http://www.oldhamcounty.net/P&Z/Board of Adj. & Appeals/Minutes/2014/OCBOA MINUTES 5-22-2014.pdf

The minutes are hard for me to follow (as in I'm really not too sure even what side of the issue she was on), but I'd like to know if the mailbox damage (IF there was any deliberate damage) started at about the same time/resulted because of this issue?

I know how "hot" something like neighborhood politics can grow to be. When the wife (supposedly) mentioned Mike + "paranoid", wonder if she was referring to him ever-watching for retaliation from this (or another unknown situation)?

Could there have been any threats from anyone toward her and the son and that's why she closed down and has made some of her decisions (left home, changed locks, etc.)? Seems like she is scared of something (someone) to me...

 

[abstr]

I think I'm confused about the HIPAA questions/comments.

But here's an example of my interpretation:

If Mike signed a release of information at Dr XYZ's office naming you "Rocky Road" as authorized to have access to his medical records, then Dr XYZ can provide you with info from his/her office (and there are limitations as to specifics).

Obviously, the intent is for this medical information is to be used in relation to decisions in Mike's treatment, etc. However, with whom you share this info/how you use it... that's up to you. I have no idea if there are legal ramifications beyond this (but, it's an interesting question!)

That is pretty spot on. Once "rocky road" has that information I don't thing HIPAA covers if rocky would tell friends, family, media. I don't believe rocky could be charged the 10,000 an offense fine because they are not a medical worker.
As I said, it has been many years since I worked in HIPAA and even then certain things were vague and open to be interpreted in different manners.
I was a trainer and there were times where either questions in my classes would come up or actual situations in the hospitals or practices I worked with and it was very difficult to get a clear answer on.
Again, MO with a decent amount of knowledge (which we know can be dangerous).