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Indianapolis IP attorney killed by husband after filing for divorce

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Practicing law was never an obligation for Indianapolis attorney Mary Jane Frisby but a chance for her to say, “Wow, look what we get to do.”

That mentality is what friends and colleagues say kept her going as an intellectual property lawyer, practicing at Barnes & Thornburgh since law school graduation a decade ago. And, she was preparing for a new chapter in her life and legal career.
 

Frisby-MaryJane-mug Frisby

“MJ embraced life and lived to the fullest in every sense of the phrase,” said Deb Agard, an Indianapolis family law attorney and a longtime friend since law school. “The thing that MJ brought to our legal community is practicing law for the sake of itself, being so happy to help someone understand what their intellectual property was and working to protect that.”

But now, the legal community is reeling from the news of Frisby’s death. Police found the 44-year-old dead in her Brownsburg home Aug. 26, hours after her 58-year-old husband, David, climbed atop a downtown Indianapolis parking garage across from Barnes & Thornburg, fired shots at the law firm where his wife had worked, and then turned the gun on himself and fell several stories to the street below.

Hundreds of spectators watched from the street and nearby offices. Some employees in the state court offices located on South Meridian Street heard and witnessed what happened, and businesses in the immediate area – including Barnes & Thornburg – were temporarily locked down until police could fully determine what was happening. There were reports that bullets lodged in the law firm’s walls, and attorneys inside were instructed to move away from external walls as police tried to get the situation under control outside. Police found a note and recording in David Frisby’s car alerting them that his wife’s body would be found inside their home. It appeared she’d been strangled, possibly early that morning, police said.

The two had been married for 22 years, though Mary Jane Frisby had filed for divorce in Hendricks County Aug. 18. Agard was representing her friend in the divorce, and she said she’d last spoken to Mary Jane the day before she was killed.

On his Facebook page in the hours before his suicide, David Frisby posted a message condemning the Indianapolis law firm where his wife had worked.

Despite those events, though, what stands out for those who knew and practiced with Frisby is how she lived her life and practiced law with one of the city’s largest law firms.

“She was such a kind soul, I don’t know how else to say it,” Agard said. “A lover of music and art, one of the most well-read people I’d ever met. This is a time to celebrate MJ for being authentically herself.”

A first-generation American of British parents, Frisby graduated summa cum laude from Indiana University School of Law – Indianapolis in 2000. She’d done her undergraduate work at the same school and received a B.A. with highest distinction, majoring in philosophy with a minor in French.

Agard said she and Frisby were “connected at the hip” in law school and kept in touch regularly in the decade since graduating. They had a standing “date” once a month, something that had not happened only twice in 10 years and neither missed unless one was traveling.

“MJ was one of those people who was so screaming brilliant but was one of the most humble individuals you’d ever meet,” Agard said. “She was third in our class, but that didn’t mean anything to her. What was important was doing her best.”

Frisby began her law practice at Barnes & Thornburg in 2000. She’d worked her way up the ranks at the firm and became a partner in January 2008. Her practice included all areas of IP – trademark, copyright, patent, unfair competition, advertising, privacy, publicity, and general commercial law. She also assisted clients with non-litigation IP enforcement, including domain name arbitration proceedings, take-down notifications, Internet-based keyword advertising enforcement worldwide, and in proceedings before the Trademark Trial and Appeal Board.

Agard recalled visiting Frisby at her law firm office and seeing three shelves in her office full of rubber ducks that were part of a trademark or copyright matter she was handling for a client.

“She was so thrilled to be able to study rubber ducks, and so glad that her clients were named Inc. and Co. rather than Mr. And Mrs.,” said Agard. “Trial was the last place she ever wanted to be, and her practice was never to quote when, but to reach the right result. That was something I always respected and tried to emulate in my career.”

That love for IP law expressed itself not only in her practice, but also in her teaching those kinds of courses at her alma mater. Agard said her friend loved being a part of the law school experience that they had enjoyed so much.

“We were weird and loved law school,” Agard said. “The opportunity to be in that atmosphere, seeing the look of wonder in her students’ eyes and being a part of mental gymnastics as she liked to call it, is what she loved.”

Aside from the IP courses, Frisby also taught continuing legal education courses to her colleagues.

“She was a consummate professional, who knew the issues so well to advocate for her clients but never stopped treating opposing counsel with respect,” said IP attorney Jim Dimos with Frost Brown Todd, who’d worked with Frisby on copyright cases during the past decade. “What was so refreshing about Mary Jane was that she was very knowledgeable and was willing to share that knowledge through CLE or informally between colleagues. You could always call her up and bounce ideas or issues off of her.”

Generally, friends and colleagues in the legal community were stunned to hear the news of her death.

U.S. District Court Senior Judge Larry McKinney couldn’t believe the news about the woman who’d interned for him a semester in 1998, while she was still in law school.

“She was just excellent, so bright,” he said. “Really, Mary Jane was a scholar and excellent researcher who was really intrigued by the law and you could just tell loved it so much. This is just incomprehensible.”

Though she loved being at Barnes & Thornburg, Frisby had decided to take an IP-focused general counsel post at Cummins in order to spend more time with family and take her career to the next level, Agard said. That position has been in the works for about a year, and she’d turned down one offer in the past, her friend said.

But the law firm’s long hours took their toll through the years. Something changed, and David had almost become a different person, Agard said. The two had gone through counseling and struggled to conquer his alcoholism. Death and suicide threats had surfaced more than a year ago, but no one – including Mary Jane – ever thought it would be carried out.

The two were truly happy for many years, and Agard described David as a good person and a brilliant man who was historically very kind and loving. They’d decided at the start of Mary Jane’s legal career that she would focus on the career while David would stay home to care for their two children – a son who’s now 21 and in college and a daughter who is 19 with Down syndrome. The concern was always for the kids, Agard said.

“Even as brilliant as these two were, they weren’t immune to what happened here,” Agard said. “I think MJ truly believed that given their intelligence and mutual respect for one another, that because of their truly good marriage for a number of years and because of their children, that this couldn’t happen. Whatever problems they had, they tried to work through them. But David couldn’t accept that the marriage was over. They weren’t immune.”

Reflecting on what happened, Dimos at Frost Brown Todd said he’s proud to have been able to know and work with Mary Jane and that what happened contains a lesson: “This reminds all of us how life is truly so fragile.”•

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  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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