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Super Friends by Whitney Holwadel Smith is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.
Based on a work at Super Friends: The legal situation

Wednesday, March 10, 2010

The legal situation

As some of you know, I have been trying to obtain the investigation report of Whit's death for nearly a year now. I tried going through my Congressman and Senator, and their offices both said I needed to file a request under the Freedom of Information Act. I did that, and the Bureau of Prisons ignored it. For over six months now I have had a civil rights attorney engaged on contingency to both obtain the report and, if the BOP's response was unsatisfactory, sue the government for wrongful death - it's still ambiguous, given what few circumstances of his death I do know, whether Whit took his own life, with or without help, or whether he was murdered. My attorney filed an administrative claim six months ago March 13th, i.e. the BOP had until this Saturday to respond. Here is what I received from my attorney today:

     I received a call back yesterday afternoon from the BOP North Central Regional Office.  They said that they are still investigating our claim, but don't expect to have an answer by March 13.  I asked to be put in contact with the investigator in charge.  She said that no attorney had ever made such a request, but that she would see if such was permissible.  This tells me that no one will call me.  When I said that my client had no option other than to sue at this point she said, "but don't you think that it would be better to wait and see what they at least say?".
     Give me another 30 days.

What else can I do? Not much. I also learned yesterday that my attorney must relinquish the case; he's taking a job in California with an agency. Now I have to find a new attorney. This is all pretty discouraging.


Stephen said...

i hate this

Nina the Internet sleuth said...

I can't believe what I'm reading here... :(

SLS1981 said...

I am so sorry and just know that you have an extra backbone out here. Stay strong and feel free to lean on my shoulders whenever the need arises !