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. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.