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Prosecutor in Ford Pinto case dies

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LathropCosentino

The Elkhart County prosecutor who took on Ford Motor Co. in criminal court in Indiana died June 14. Michael A. Cosentino was 74.


In 1978, then part-time prosecutor Cosentino called a grand jury that charged Ford with three counts of reckless homicide. Three teenage girls were killed when their 1973 Ford Pinto caught on fire after it was rear-ended. Ford was indicted in September 1978. The trial began in early 1980 and a Pulaski County jury acquitted Ford March 13, 1980.


The idea of holding a corporation accountable wasn’t new, but Cosentino’s tactic of a criminal prosecution of a product design and manufacture was. Some say the case helped make today’s vehicles safer and drove home the notion of corporate responsibility into consumer’s minds like nothing had at that time.


Cosentino served seven terms as prosecutor before he retired in December 2002 to private practice at Cosentino & Christofeno in Elkhart..
“He was my hero, what can I say?” said Bruce Berner, Louis & Anna Seegers Professor of Law at Valparaiso University School of Law.


Berner was one of two people from academia that Cosentino added to the prosecution’s team for the Ford case.


“He was an absolutely true public servant. He didn’t get anything out of it; he was just doing the right thing,” Berner added. “… He was a good person to emulate.”


Berner, who noted that Cosentino’s health had waned in the past few years, said, “I’ll tell you what … you wouldn’t want to mess with him in his heyday!”

“He was a forceful advocate and a darned good lawyer,” said Elkhart Circuit Judge Terry Shewmaker in Goshen.


Judge Shewmaker started working with Cosentino as a law student in 1974. After passing the bar in 1975, Cosentino appointed him as a deputy prosecutor and an associate as his law firm. They worked together for more than 20 years.


“He gave me a chance, and I'm grateful for that chance. I feel very strongly about that,” he told Indiana Lawyer.


“He gave a lot of young lawyers chances as deputy prosecutors with appointments,” Judge Shewmaker said, noting many able trial lawyers got their start with Cosentino. “That will be his legacy.”


Born in Aurora, Ill., June 12, 1936, Cosentino was a U.S. Army veteran. He earned his J.D. at the University of Wisconsin Law School and was admitted to practice law in Indiana in May 1963. Among his activities, he was a member and past president of the Elkhart City Bar Association and a member of the Indiana State Bar Association.


He is survived by his wife of 46 years, Dianne; sons Michael J. and Thomas; and two grandchildren. The funeral was June 18 in Elkhart. Memorial contributions may be made to St. Vincent DePaul Catholic Church, Elkhart County Humane Society, or Cancer Services of Elkhart County.•

This story is an updated version of an Indiana Lawyer daily story.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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