ILNews

Man accuses public defenders of malpractice

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT