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 Erins 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 Erins 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 Erins 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 Pathologists 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) Erins parents recollection of the events of the night preceding the death of Erin Stanley are inconsistent with any physical altercation.
4) James McFarlands 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.
