GUILTY NJ - Autumn Pasquale, 12, Clayton, 20 Oct 2012 - #3

[Tennlyn]

http://www.nj.com/gloucester-county/index.ssf/2013/02/autumn_pasquale_murder_is_our.html

"Crime scene photos, audio interviews and files that contain details of Autumn Pasquale’s murder were boxed up and hauled over county lines to the Camden County Prosecutor’s Office."

"The claim is “predicated as a result of misconduct, violation of Civil Rights, State protected rights, negligence, infliction of emotional distress, improper training, improper supervision, failure to protect and failure to follow proper laws, regulations and guidelines” related to the search for Autumn and her murder investigation."

Can anyone explain to me what the heck is going on here? smdh

 

[Roselvr]

http://www.nj.com/gloucester-county/index.ssf/2013/02/autumn_pasquale_murder_is_our.html

"Crime scene photos, audio interviews and files that contain details of Autumn Pasquale’s murder were boxed up and hauled over county lines to the Camden County Prosecutor’s Office."

"The claim is “predicated as a result of misconduct, violation of Civil Rights, State protected rights, negligence, infliction of emotional distress, improper training, improper supervision, failure to protect and failure to follow proper laws, regulations and guidelines” related to the search for Autumn and her murder investigation."

Can anyone explain to me what the heck is going on here? smdh

Gloucester County decided they can't prosecute the case because of the parents suing them for the way it was handled from the start; conflict of interest. They were forced to do it IMO; fearing another lawsuit for the way it's prosecuted.

Autumn Pasquale's murder case transferred to Camden County due to conflict

~snip~
The Gloucester County Prosecutor's Office has handed the AP murder case to Camden County after family members of the slain 12-year-old filed suit against the office that is prosecuting the brothers accused of killing her.

“While the preference of the Gloucester County Prosecutor’s Office would be to continue prosecuting to conclusion ... it is no longer possible for it to do so,” the prosecutor's office said in a statement released Wednesday by Bernie Weisenfeld, Gloucester County Prosecutor’s Office spokesman.

The in-county prosecution of the murder case will be moved to Camden County due to the Pasquale family’s “decision to hire a civil attorney who has since filed notice of a potential civil law suit against the office."

Gloucester County Prosecutor Sean Dalton made a request to the the New Jersey Attorney General’s Division of Criminal Justice to transfer the case due to a potential conflict.

GOOD NEWS- Before the hand-off, the Gloucester County Prosecutor’s Office did request the brothers be waived to adult court. Camden County’s prosecuting team, headed by Timothy Chatten, plan “to follow the waiver request through,” Laughlin said. The Attorney General’s Office has ordained Chatten a “special deputy attorney general,” which allows him to prosecute across county lines.

“If the case ends up being waived up, (Camden County’s) homicide unit would take over,” Laughlin said.

If the brothers are waived to adult court, all hearings will be open to the public and the press.

 

[Roselvr]

Autumn Pasquale's murder: Gloucester County prosecutor hands off murder case to Camden County February 7

edit what I don't understand is in bold below.

~Snip~
The prosecution of Autumn Pasquale’s alleged killers has been handed off to the Camden County Prosecutor’s Office following notice that the slain Clayton girl’s family could file suit against the Gloucester County Prosecutor’s Office.

A tort claim notice, which informs government agencies of potential civil law suits, was filed on behalf of Autumn’s father Anthony Pasquale, according to sources close to the family. Sources indicate that the Clayton Police Department and other agencies may also have been served.

The court filing has “created a potential conflict” that could compromise the ability of the Gloucester County Prosecutor’s Office to discharge its duties under the Crime Victims Bill of Rights, according to a statement released by the prosecutor’s office Wednesday night.

“The state Attorney Genera’s Office last month assured a member of Autumn Pasquale’s family that ‘we have the utmost confidence in their skill and professionalism’ in prosecuting the juveniles charged with her murder,” the county prosecutor’s office statement continued.

While the Camden County Prosecutor’s Office will now be prosecuting the brothers accused of Autumn’s murder, the case will be tried in Gloucester County.

 

[Roselvr]

I keep seeing new things after hitting submit-

Autumn Pasquale murder: Potential suit naming state, local agencies pushes case to Camden County

I made a comment about the fathers attorney working Pro Bono. I noticed in the new story you linked to; that Mr Pasquale has a different attorney. I wonder what happened.

The tort claim notice, which informs government agencies of a possible future lawsuit, was filed by attorney Gregg Zeff on Jan. 22 on behalf of Autumn’s father Anthony Pasquale.

Autumn Pasquale's murder: father sued by mother over slain girl's memorial fund - Update February 07, 2013

Long also claimed the suit was initiated after Cornwell was informed that fund monies would no longer pay her legal fees to Kaigh. Long works on a pro bono basis for Pasquale.

New family litigation in Autumn Pasquale murder case
~snip
Paul Spadafora, who is Anthony Pasquale's uncle and Autumn Pasquale's godfather, has repeatedly alleged that Prosecutor Sean Dalton's office botched the hunt for Autumn, a claim the office challenged again in a statement Wednesday.

..In letters included in the court filing, Long described Pasquale as his children's primary parent and said Cornwell was often absent from their lives.

Spadafora has asked whether Pasquale would still be alive if the search had been handled differently.

In its statement Tuesday, Dalton's office said that "all indications are" that Pasquale, who went to the defendants' home ostensibly to trade bicycle parts, was dead hours before she was reported missing.

Spadafora's complaints prompted an investigation of the Prosecutor's Office by the state Attorney General's Office.

Dalton's office said Wednesday that "the State Attorney General's Office last month assured a member of Autumn Pasquale's family that 'we have the utmost confidence in their skill and professionalism.' "

 

[Linda7NJ]

http://m.cbsnews.com/storysynopsis.rbml?pageType=general&catid=57569415&feed_id=999&videofeed=999


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[Linda7NJ]

Dad needs to stop and take the time to grieve.


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[Roselvr]

Here is the non mobile version-

Thanks Linda; gonna read

Autumn Pasquale Murder: Father of slain N.J. girl threatens lawsuit against prosecutor's office

 

[Tennlyn]

Autumn Pasquale's murder: Gloucester County prosecutor hands off murder case to Camden County February 7

edit what I don't understand is in bold below.

~Snip~
The prosecution of Autumn Pasquale’s alleged killers has been handed off to the Camden County Prosecutor’s Office following notice that the slain Clayton girl’s family could file suit against the Gloucester County Prosecutor’s Office.

A tort claim notice, which informs government agencies of potential civil law suits, was filed on behalf of Autumn’s father Anthony Pasquale, according to sources close to the family. Sources indicate that the Clayton Police Department and other agencies may also have been served.

The court filing has “created a potential conflict” that could compromise the ability of the Gloucester County Prosecutor’s Office to discharge its duties under the Crime Victims Bill of Rights, according to a statement released by the prosecutor’s office Wednesday night.

“The state Attorney Genera’s Office last month assured a member of Autumn Pasquale’s family that ‘we have the utmost confidence in their skill and professionalism’ in prosecuting the juveniles charged with her murder,” the county prosecutor’s office statement continued.

While the Camden County Prosecutor’s Office will now be prosecuting the brothers accused of Autumn’s murder, the case will be tried in Gloucester County.

I don't understand why Autumn's father would want to file this now. It seems like it interrupts/interferes with getting justice for his daughter. Would there be a Statute of Limitations issue that forced them to move forward sooner rather than waiting until after the murderers are convicted?

I just fear that the case against the murderers could be compromised by this lawsuit. Am I completely off-base for worrying about that possibility?

 

[MissSunshine]

I am kind of shocked that the family is suing the Prosecutor's office. Was a TOD ever said for Autumn? I would think that would be the only way they would have some sort of case is if the TOD came after they reported her missing. IIRC, there was a long delay between the time Autumn left home and when she was reported missing.

I just hope whatever choices the family is making doesn't affect getting justice for Autumn.

 

[Roselvr]

I am kind of shocked that the family is suing the Prosecutor's office. Was a TOD ever said for Autumn? I would think that would be the only way they would have some sort of case is if the TOD came after they reported her missing. IIRC, there was a long delay between the time Autumn left home and when she was reported missing.

I just hope whatever choices the family is making doesn't affect getting justice for Autumn.

TOD has not officially been released. BBM in my quote below; everything I've read suggests they know she died before she was reported missing

New family litigation in Autumn Pasquale murder case
~snip
Paul Spadafora, who is Anthony Pasquale's uncle and Autumn Pasquale's godfather, has repeatedly alleged that Prosecutor Sean Dalton's office botched the hunt for Autumn, a claim the office challenged again in a statement Wednesday.

..In letters included in the court filing, Long described Pasquale as his children's primary parent and said Cornwell was often absent from their lives.

Spadafora has asked whether Pasquale would still be alive if the search had been handled differently.

In its statement Tuesday, Dalton's office said that "all indications are" that Pasquale, who went to the defendants' home ostensibly to trade bicycle parts, was dead hours before she was reported missing.

Spadafora's complaints prompted an investigation of the Prosecutor's Office by the state Attorney General's Office.

Dalton's office said Wednesday that "the State Attorney General's Office last month assured a member of Autumn Pasquale's family that 'we have the utmost confidence in their skill and professionalism.' "

 

[Roselvr]

Godfather plans protest over slain Clayton girl's case

The godfather of a slain 12-year-old New Jersey girl is planning to stage a rally calling for the teen boys accused of killing her to be tried as adults.

Paul Spadafora, who is also the great uncle of Autumn Pasquale, is organizing the event in Woodbury.

 

[Linda7NJ]

Good grief. These folks need to grieve and focus their energy on something more productive.

Protests aren't factored into the decision.

IMO they will be tried as adults.


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[Roselvr]

Good grief. These folks need to grieve and focus their energy on something more productive.

Protests aren't factored into the decision.

IMO they will be tried as adults.

I don't understand what's going on. The article linked below said that they did request they be tried as adults

Autumn Pasquale murder: Potential suit naming state, local agencies pushes case to Camden County

Before the hand-off, the Gloucester County Prosecutor’s Office did request the brothers be waived to adult court. Camden County’s prosecuting team, headed by Timothy Chatten, plan “to follow the waiver request through,” Laughlin said. The Attorney General’s Office has ordained Chatten a “special deputy attorney general,” which allows him to prosecute across county lines.

“If the case ends up being waived up, (Camden County’s) homicide unit would take over,” Laughlin said.

If the brothers are waived to adult court, all hearings will be open to the public and the press.

 

[PrairieWind]

I don't understand why Autumn's father would want to file this now. It seems like it interrupts/interferes with getting justice for his daughter. Would there be a Statute of Limitations issue that forced them to move forward sooner rather than waiting until after the murderers are convicted?

I just fear that the case against the murderers could be compromised by this lawsuit. Am I completely off-base for worrying about that possibility?

I can't say for certain about New Jersey, but in my state, tort claims against the state must be brought within one year of the alleged act, and there are certain legal hoops that must be jumped through before the suit can be filed. I suspect there is something similar in N.J. and that is what the father is doing now.

 

[Tennlyn]

I can't say for certain about New Jersey, but in my state, tort claims against the state must be brought within one year of the alleged act, and there are certain legal hoops that must be jumped through before the suit can be filed. I suspect there is something similar in N.J. and that is what the father is doing now.

Thanks for the info! In your opinion, is it possible that the civil action could wind up damaging the criminal case?

 

[PrairieWind]

Thanks for the info! In your opinion, is it possible that the civil action could wind up damaging the criminal case?

Well, I don't think it will help (with a possible exception), but right now I dont see how it would hurt the prosecution really, other than be a bit of a distraction. The prosecutor is almost certainly immune from these claims and the case will probably fail on a motion to dismiss. A lot will have to do with timing. How fast will the criminal trial happen, vs how soon will a civil court decide the suit. Remember, a civil suit has not yet been filed, only some preliminary "claims" file, which are generally a required hurdle before a suit can be filed against government entities.

In light of that, it seems insane to even threaten the suit (or that an attorney would take on the case). But that brings me to the possible exception I mentioned above. This is pure speculation of course. But perhaps the father, perhaps through conversations with the prosecutor, believed that the DA was going to cut the boys a very generous plea bargain, and esenially let them walk. This suit could at least temporarily torpedo that, take the case out of that DA's hands, and get a fresh set of eyes on the case. Again, that is just pure speculation.

 

[Tennlyn]

Thanks again for your perspective, PrairieWind!!!

:gthanks:

 

[Roselvr]

In light of that, it seems insane to even threaten the suit (or that an attorney would take on the case). But that brings me to the possible exception I mentioned above. This is pure speculation of course. But perhaps the father, perhaps through conversations with the prosecutor, believed that the DA was going to cut the boys a very generous plea bargain, and esenially let them walk. This suit could at least temporarily torpedo that, take the case out of that DA's hands, and get a fresh set of eyes on the case. Again, that is just pure speculation.

IMO; the fear is that they will not be tried as adults & will get out in a few years.

 

[Tennlyn]

Regarding the lawsuit between the parents...

"The parents of murdered Clayton middle school student Autumn Pasquale have reached an out-of-court settlement in a civil lawsuit filed earlier this month over a memorial fund created in their child’s memory."

"A joint statement issued Thursday morning stated: “A primary purpose for the memorial fund is to benefit Autumn’s siblings. Given the fact that we were unified in that purpose, we were able to reach an amicable settlement quickly and without incident.” "​

http://www.nj.com/gloucester-county/index.ssf/2013/02/autumn_pasquale_murder_parents.html

 

[Roselvr]

Regarding the lawsuit between the parents...

"The parents of murdered Clayton middle school student Autumn Pasquale have reached an out-of-court settlement in a civil lawsuit filed earlier this month over a memorial fund created in their child’s memory."

"A joint statement issued Thursday morning stated: “A primary purpose for the memorial fund is to benefit Autumn’s siblings. Given the fact that we were unified in that purpose, we were able to reach an amicable settlement quickly and without incident.” "​

Autumn Pasquale murder: Parents reach settlement in lawsuit

Glad it's settled. Hopefully they will share what they decided so that people that are donating are clear on what it's going to be used for.