07
Aug
16

cashing in on murder

entering indiana.

What a comedown. When Carlos Lundy, Colt’s dad, sued me for “cyber-defamation of character,” he was originally seeking damages of a million dollars. A couple days ago, I received notice dated July 27, 2016 saying that the Kosciusko Circuit Court has finally rendered a decision, and the judge found against me for a penalty of $7,500.

Not that I can pay the penalty any easier than I could pay a million dollars, but it’s a helluva lot less than it would have cost me to hire a good attorney and fight Carlos’ allegations.

There were three main reasons I didn’t defend myself.

First, you don’t sue anybody who doesn’t have deep pockets. I don’t own anything and said so publicly. Any marketable assets are owned by a land trust that I have established for the benefit of the parricides I defend. Estrella Vista is already given away. You can’t recover money from someone who doesn’t have it.

Second, even though the court found that I published some information that turned out not to be correct (as well as a lot of true stuff), it ignored the fact that Carlos had first called a former associate of mine (who had been my source of the erroneous research information) making it very clear that he did not wish to be contacted again, and furthermore, that he did not want his son contacted either. In other words, Carlos himself had set up the conditions under which information would be disseminated. If you set up a situation in which information cannot be confirmed or denied, you must accept responsibility for the consequences. This guy’s an expert at evading responsibilities.

Third, Carlos did not prove that any actual damages had in fact been sustained. The ruling itself states this. In my opinion, this whole affair amounts to a “tempest in a teapot” and avoids the fact that Carlos and his former wife raised a child who ended up murdering someone. As such, Carlos had become a “public figure,” and it is inevitable that someone would write or say something that would hurt his feelings. If I were in Carlos’ shoes, I would be mortified that I was the father of a boy who was widely reputed to have been a bully, as well as a son who had resorted to murder to resolve a situation that could have resulted in a better outcome. Whatever the man’s feelings, I wouldn’t seek damages from someone who merely reports what the data in the public record seems to suggest. I would at least try to set the record straight, to speak with the source of the “wrong information,” and demonstrate that I am a responsible parent. As my previous behavior clearly demonstrates, I would have resolved things in a way that would have, or should have, satisfied Carlos.

In all honesty, I have heard some good things about Carlos from people who say they know. I have heard he is a conscientious visitor to his son. This counts for a lot. I have heard that he is building a home for Colt to live in when released. Responsible, as well. But I have also heard speculation that he may resent my role in having recruited Monica Foster, one of the most competent lawyers in Indiana, to represent Paul Henry Gingerich in his appeals for a shorter sentence. This may be an explanation for his lawsuit, as well as being a potential “spoiler” for other kids.

I will say that my view of the Kosciusko Circuit Court has gone up a notch since finding out about the July 27th ruling; I had expected them to be especially harsh towards someone who has heaped so much ridicule upon the Court after Paul Henry’s original sentence. In my opinion, the Court should have recused itself, but they did at least not find against me for the ridiculous amount of a million dollars.

This would have created a benefit for murder. This would have rewarded Carlos for being a deficient father and such a poor legal strategist.

۞

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3 Responses to “cashing in on murder”


  1. 1 Willow54
    August 8, 2016 at 10:36 am

    I could understand Mr.Lundy’s position better if it were not for the fact that Colt declined to mount any kind of appeal against either his conviction or the length of his sentence (as I am given to understand from previously published material in the public domain). He took a plea deal for the shorter sentence of 30 years with 5 suspended to parole in lieu of a 45 year sentence had he gone to a full trial. The plea deal presumably included a waiver of the right to appeal?

    If all that is true, then he has no grounds to contend that you somehow favoured Paul Gingerich to the detriment of Colt. As I understand it, there was no barrier to an appeal in Gingerich’s case, so why wouldn’t he, and why wouldn’t you help when you were in a position to do so? Under those circumstances there was no detrimental effect to Colt.

    I also remember reading published reports about Colt’s character, suggesting that he was a bully, which again presumably must have been in the public domain, otherwise there would have been no way that I, a total outsider and not party to any privileged information, could have had access to them.

    Sadly with so many parties involved in cases such as this, there is bound to be a ‘disconnect’ between what is disseminated in media reports and blogs, and what is actually the whole truth. Who can know, other than Mr.Lundy himself, what his motivation was for taking this course of action. The whole story from beginning to now is very sad, and as you say, with a set of different choices on both boys’ part, could have resulted in a better outcome and nobody needed to lose their life or be incarcerated for decades.

    • August 8, 2016 at 11:52 am

      Paul Henry’s plea deal did include a provision not to appeal the bad deal made with prosecutors, but Monica found a way around that. (I forget exactly how at this time.)

      I would have taken on both Paul and Colt, but Carlos’ disagreeable behavior at the time precluded that. Carlos has saddled his son with his own personal attorney.

      In my opinion, the full, true story of why this crime occurred is not out there in the public record–but it would have required Colt’s full cooperation, which was not forthcoming. People are responsible for their own decisions, even the poor ones.

      I wish Colt no ill will, but there is only so much I am willing and able to do.

      • 3 Willow54
        August 9, 2016 at 11:21 am

        Dan, you’ve hit the nail on the head I believe. Your otherwise admirable efforts certainly weren’t helped by the bad form both boys displayed not assisting the authorities’ attempts to establish a motive for Philip Danner’s murder or to fully account for their respective roles in the crime.

        I guess it’s easy for outsiders to rail at all of this and say how easy we think it would have been for both of them just to tell the story as it was and maybe it would have helped them to achieve a lesser sentence, especially Paul Gingerich, but we are after all outsiders and we can never know, unless either of them decides to co-operate at some future point.

        Maybe one day, one or other of them might cotton on to the idea that they should play the game, especially since Parole Boards set such great store by offenders demonstrating insight into their crimes as well as showing remorse, but again, that’s easy for us outsiders to say.

        Like you have said, there is no reason to wish either of the boys any ill will. We are where we are with all of this. What happened is ancient history and they have to deal with their daily reality because of that. I suppose the one saving grace is that, at least Paul Henry has a shot at freedom, however fleeting, when he appears for the judge’s decision in his sentence review hearing, which I believe is to take place on the 28th October, a poignant date since it is the sixth anniversary of his incarceration. I can only wish him and his family and supporters the best of luck with that.


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