MI - Updates On Stanley Case-2008

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Dale Stanley father of Erin and Kelly Stanley has passed away because of an illness.

Here is the article in the Pal-Item in Richmond.http://www.pal-item.com/article/20090404/UPDATES/90404017


Thank you Pooky-
My condolences go out to Mrs Stanley- That poor woman has had more than her share of heart ache- I hope that she can find some sort of peace thru all of this. I will keep her in my prayers. :blowkiss:
 
James probably needs to hire an attorney to get visitation or even custody of his daughter. Whoever has custody of her probably won't contact him for fear of losing custody. JMO.


Cant he call the police of CPS/DHS and tell them his daughter is missing? You would think that wpuld get the ball rolling- Especally since Mrs Stanley may be unstable after loising her DH. What a mess!!!
 
WOWZA- WHat an article Bumblebug!

No wonder it wasnt printed in the local 'paper'. I hope this makes him feel good and although nothing can take back what he lost, it can vindicate the reason and justify that it was wrong.

It also sets up a HUGE lawsuit, IMHO. Talk about the State SCREWING up??? HAHAHA- Im actually surprised they admitted so many errors, as there are even more that we know of. Im even more surprised it was allowed to be written(although long over-due, IMO). I had no idea of the organ harvester screwing up her neck, but the again, I never thought he strangeled her in the first place.


The truest victim in all of this is baby Alexis. She isnt so little anymore, and with Easter coming up, Im sure it will be hard without her Grandpa. She has learned to grow up with out mom or dad, so its just been grandparents and extended family. She has sufferred a lifetime of loss at an early age, and will need therapy to get over that. If this isnt a case for a related couple to take custody and give her a chance to get acquainted with her natural father, I dont know what is.

Thank you BB for keeping us up to date. I hope your health is well, and please let James read our posts. My thoughts are with him. :blowkiss:
 
TO McDraw, Pookie, Chicogirl and ohers:
Here is a press release that was issued by the defense in this case. It's a terrific release and as you all can see the local paper left out most of it. Enjoy:
Re: State of Indiana v. James McFarland
Charge: Murder, Wayne Circuit Court
Richmond, Indiana
Death of Centerville sister, Erin Stanley, on September 1, 2007


Today, James McFarland has been released from charges filed almost 16 months ago. The charge against James has been dismissed.

The charge had always puzzled James. James had a loving relationship with Erin. They had no known dispute. They had lived together in the Stanley home for almost a year with James exhibiting no violent or threatening behavior to Erin whatsoever according to Erin’s own parents.

Although, the allegation was a manual strangulation, there were no signs of defensive wounds on James and no visible wounds to Erin Stanley according to the First Responder, EMTs, and Emergency Room Physician, and Coroner.

There was no known disturbance in the Stanley home on the night of Erin’s passing. Dale Stanley was in the room across the hall, and Lonny Stanley was up the hall.

Before Organ Harvesting, there was no suspicion of Strangulation or foul play.

In an effort to help or save other lives, a tissue donation was authorized by the Stanley Family. This donation occurred by way of an organ harvesting which occurred prior to the autopsy. The harvesting procedures caused the specific physical damage to the neck of Erin Stanley precisely in the sole location where the strangulation-like damage was observed. Immediately after the organ harvesters were done, the damage to the neck was observed.

The organ harvester who caused the damage was inept and poorly trained in extracting blood. The location of the blood draw was not even a choice on his blood draw form. The place where he says he extracted blood had no syringe marks at all. He claimed only three syringe sticks in the subclavian. The photographs reveal at least six and maybe more syringe sticks in the jugular vein on the left and right side of Erin’s neck. The Autopsy Pathologist stated that it is almost impossible to draw blood from the neck of a deceased person in the area of the actual sticks. The Pathologist concluded that it was certain that in addition to the six, or more syringe sticks, it was unknown how much poking into the interior of the neck would be necessary to attempt to access the vein to extract the many vials of blood.

The Final Pathology opinion of Dr. Joseph T. Czaja is that the cause of death of Erin Stanley was “undetermined.” He cannot scientifically support a conclusion of Strangulation. He came to this conclusion not out of bias toward James McFarland but rather through his commitment to scientific truth.

Although well-intentioned police officers and investigators had believed that the cause of death of Ms. Stanley was the result of a strangulation, that was ultimately determined to be based on a scientific conclusion that was unsound.

The Government sought and obtained a Second Pathologist’s opinion. Upon his review, Dr. Pramod Carpenter concluded, “I am unable to confidently determine whether strangulation took place with any reasonable degree of certainty.”

In sum:

1) Expert Pathological Analysis did not result in a conclusion of Strangulation.
2) The scene of death investigation provided no evidence to support Strangulation.
3) Erin’s parents’ recollection of the events of the night preceding the death of Erin Stanley are inconsistent with any physical altercation.
4) James McFarland’s statement to the police revealed no incriminating evidence or admissions.

There is no reason to conclude that a crime occurred.

There is no reason to conclude that James McFarland committed a crime.

Although it took over a year, the legal process has come to an end consistent with the principles of our legal system.

The tragic loss of Erin weighs heavy on all who cared for her, including James. Those who cared for Erin can know that there is not evidence of Strangulation.

This case is over. It is not over for any reason other than the lack of proof of any crime whatsoever.

This lack of any crime is true and is supported by two separate pathologists.

Also, the government had two excellent and experienced prosecutors.

People who know Mike Shipman know him to be a remarkably capable and poised prosecutor who is tenacious in his quest for justice. Sheila Zwickey has a distinguished career of principled and professional service. Together, they worked countless hours. It cannot and should not be said that the Government did not try to make a case. The Prosecutors put the best case possible together. They did not give up.

This case is over but not on the basis of any technicality.

Some people say that it is impossible to prove a “Negative” a “Non-event”. That is the task that the defense embraced. That was our charge. We have done our best.

We leave this event with the sadness that surrounds the tragic loss of a wonderful young woman way too soon. A baby has lost her mother. A family has lost their treasured children. James McFarland has lost his mate.

This remains pure tragedy.

We hope healing and recovery will follow.

Isn't it strange that James was in no way responsible for the actions that led to the Stanley's have temporary guardianship of Alexis. With the passing of Dale Stanley (Erin's dad) I would have to suspect that James will have a much easier time getting visitation rights as a minimum. It's hard to deny him those rights when all charges were dropped. I would think the GAL would be somewhat obligated to check into the new situation (death of Erin's dad) to see if the other side of the family can offer a better alternative. I believe James' uncle and his wife have been trying to have children for some time and he is now in his mid 30s. Both have graduate degrees and very good jobs. Perhaps they might be interested although I don't know. I just think both sides of the family should have been consulted before placing Alexis with Erin's parents. Those who knew Dale and Lonnie probably know why I made that statement. I hope you found the press release interesting. I certainly did.


I'm just wondering why you don't think James should have custody of Alexis? He isn't guilty. It just makes sense that his daughter would be returned to him.
 
Thanks for the updates Bumblebug. I have always thought he was innocent from the very beginning and I hope James is able to get his life back on track and is reunited with his daughter soon.

When was he released? Was it just yesterday?
 
Hello everyone
First, let me address the obvious. 1. Child protective service has been notified and an a investigator has been assigned. The Guardian Ad Lidum said it was not her problem and said to contact child protective services. 2. James has been advised that he has a couplel options regarding Alexis to include the following: Ask the court to set assigned the initial temporary guardianship, or prepare a motion asking for visitation rights until the investigation is completed.
I suspect also that he has the option to file a lawsuit against both the harvest team and the coroner because it was their direct actions that led to the wrong conclusion that Erin had been strangled. I believe when the Coroner made the decision to let the harvest take place (when he had been told by the pathologist not to do so) he was acting as a funeral director and not as coroner. I don't believe he became a coroner until the autopsy began since it had not been speculated that four played had occurred before that time. Also, I think it would be interesting to learn whether or not the Coroner gets paid for permitting organ harvests in his own facility. To me, that sounds like an inherant conflict of interest because he controls the nature of what occurres in his funderal hokme.
I have been told that the prosecutor was told by the pathologist that the autopsy was invalid because of the reasons spelled out in the press release several months before the trial. If true, that puts this who thing in a different light. If true, as a minimum James should have granted bond.
The issue as to whether or not Jasmes should fifle a lawsuit agains the state for the prosecution is another matter. I believe he would just like to get on with his life and I suspect the state would try to drag out every detail about this case in an effort to discourage others from filing law suits. As I said I believe he just wants to move. Personally I think the state ought to offer him compensation for depriving him of 16 months of his life and time with his daughter. If he decides to sue I will help him find the proper attorney since I personnally have worked with several from Baker and Daniels and Ice Miller in Indianapolis. Both are high profile law firms. I would appreciate any comments.,
 
MCDRAW
I do believe James should eventually get custody but I think it's important to do this in steps. First, visitation then custody when he is settled and able to adequately take care of his daughter. Rest assured that he has family members that are willing to help take care Alexis if there is a need to do. I think too it is important that we examine the apparent cause of this horrible case. The Coroner, (even though he was told not to do so by the pathologist) apparently insisted on letting the organ harvest team access to the body before the autopsy began. Additionally, the Lead Investigator said he was present for the autopsy and that leads to another question and that is "Why did he allow the harvest team to harvest the organs" As the law enforcement officer present it was his responsibility to insure that the types of evidence normally collected at autopsies are collected. e.g. scrapings from under the fingernails, DNA evidence like fibers, hair etc, and evidence that is collected via a rape or sexual assault kit. There are no excuses that are adequate. This investigation was botched by an inept police force that make the Barney on Mayberry look like an intellectual. In the bond hearing the Lead Investigator said he guarded G-52s when he was the service. That sounds appropriate. It's really hard to get four people together that capable of getting that giant of an aircraft off the ground. In other words it's hard to steal one. As things continue to develop I will continue to post comments about James and Alexis. I also want Lonnie Stanley to know that I understand well the kind of sorrow she must be experiencing at this time. In the past I lost may parents, a former spouse, and a son and believe me I've been there. Let's all keep her and Alexis in our prayers because I am sure she needs all the help that any of us can provide.
 
MCDRAW
I do believe James should eventually get custody but I think it's important to do this in steps. First, visitation then custody when he is settled and able to adequately take care of his daughter. Rest assured that he has family members that are willing to help take care Alexis if there is a need to do. I think too it is important that we examine the apparent cause of this horrible case. The Coroner, (even though he was told not to do so by the pathologist) apparently insisted on letting the organ harvest team access to the body before the autopsy began. Additionally, the Lead Investigator said he was present for the autopsy and that leads to another question and that is "Why did he allow the harvest team to harvest the organs" As the law enforcement officer present it was his responsibility to insure that the types of evidence normally collected at autopsies are collected. e.g. scrapings from under the fingernails, DNA evidence like fibers, hair etc, and evidence that is collected via a rape or sexual assault kit. There are no excuses that are adequate. This investigation was botched by an inept police force that make the Barney on Mayberry look like an intellectual. In the bond hearing the Lead Investigator said he guarded G-52s when he was the service. That sounds appropriate. It's really hard to get four people together that capable of getting that giant of an aircraft off the ground. In other words it's hard to steal one. As things continue to develop I will continue to post comments about James and Alexis. I also want Lonnie Stanley to know that I understand well the kind of sorrow she must be experiencing at this time. In the past I lost may parents, a former spouse, and a son and believe me I've been there. Let's all keep her and Alexis in our prayers because I am sure she needs all the help that any of us can provide.


Your correct, it will be better if done in steps. Alexis, at her age, may not even remember James. Which is a very sad thought. I will be praying for Alexis, James, and Mrs. Stanley.
 
MCDRAW
I have heard that Alexis is not staying with Mrs. Stanley but with her sister in Lynn, If anyone knows for sure I would appreciate a post
 
Chicogirl and MCDRAW
Thanks for the comments. Believe it or not I suspect there is more to learn about the investigation of this case. I cannot say more but stay tuned. BB
 
The two teens in Arkansas that were murdered in the same house just days apart had me wondering about this case. I haven't found any updates on it.
 
I was wondering if any more information was available on this case? I never remember the names and so it takes forever for me to look for updates. Sadly, it seems as if nothing has been determined.
 

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