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Man accuses public defenders of malpractice

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An accused child molester who sat in jail for 2 1/2 years until his case was dismissed is suing his former public defenders for legal malpractice.

Donald Woods filed the suit Thursday in federal court against attorneys Bradley B. Jacobs and Leslie D. Merkley alleging legal malpractice because the two didn't question or investigate the allegation that Woods had inserted 4 feet of weed-eater wire into his estranged son's penis eight years earlier.

The suit Donald Woods v. New Albany Police Dept., et al., No. 4:10-cv-0002, was filed in the U.S. District Court, Southern District of Indiana, New Albany Division. Woods is seeking $5 million under the Indiana Tort Claims Act.

Woods was charged with Class A felonies child molesting and criminal deviate conduct in July 2006 following allegations from his estranged wife that Woods inserted the wire into their son's body when he was only five years old in 1998, the last time he had any contact with his wife or son.

The wire was discovered when his son had a CT scan of his pelvis following a fall in 2006.

Jacobs and Merkley were assigned back-to-back as public defenders for Woods; in his suit, Woods claims neither attorney visited him in jail and never questioned how his son could live eight years with the wire inside of him without any physical problems. Woods' third public defender, Jennifer Culotta, obtained medical records in November 2008 and discovered the son had a CT scan on the same area in 2005 and there was no wire inside of him then.

The case was dismissed against Woods in March 2009 but he wasn't released from jail until December 2009.

In addition to his legal malpractice claims, Woods is suing the New Albany Police Department, Detective Sherri Knight, Clark County Sheriff's Department, Clark County Prosecutor Steven D. Stewart, and deputy prosecutor Shelley Marble for violations of his Fourth Amendment rights, malicious prosecution, false arrest, and false imprisonment.

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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