NEW HERE. PLEASE help! Local police turned me away after my mother went missing...

[cant_not]

West Virginia

I'm not totally positive I have a case here, but I think I just might. I’m going to make this as brief as possible, I have all the exact dates/incidents recorded on paper and can provide them to you at your convenience.

On December 7th 2004 my mother, Mary Rose Wallen disappeared. She lived with me and my grandmother, and it was totally out of her character to just take off and not come home without calling or something. On Saturday December 11th (4 days later) I spoke with an officer from the Williamson City Police, trying to make an attempt to file a missing persons report, or get something done, because I knew something was wrong. He laughed in my face, literally. He told me that she was a whore, and she was probably “laid up” with some man, and she’d come back - and that he wasn’t going to take the time to put a missing persons report in the “system” because when she came back he would have to take the entire report out. He made several crude comments about her.

The very next day, we received a call from a friend of my mothers whom stated that he had received a call from an unknown source and said that if we wanted to find my mother’s body that we should search the Tug River, because that’s where it was. We related this information to the Williamson City Police-and again, it was a total joke to them. They turned us away. We had to wait several more days, and finally go through the Sheriffs office to get a report filed. And they eventually did search the waters and came up with nothing–they had an eye witness of some sort, whom they put through a series of lie detecting tests-and that supposedly “proved” to them that there was a 99.9% chance her body was in that river. I have several newspaper articles about it, and the paper clearly states how hesitant the police were.

I’m leaving out several major and minor details, I realize that. I’m just trying to make this brief as possible. Anyway, her body was found on June 2nd 2005 in the Ohio River, near Kenova Wv. Merely 6 months after she was reported missing. It took an entire year for the State Medical Examiner to identify that body as my mothers. My grandmother got tired of waiting to hear from them, so she wrote to the governor and he sped up the process somehow. An entire year...

Basically, all I want to ask is do I have a case against the Williamson City Police Dept? They turned me away when I knew something was wrong with my mother. There was a huge injustice made on their part. They laughed in my face! What can I do?

 

[JETX]

Basically, all I want to ask is do I have a case against the Williamson City Police Dept?

Sorry, but probabaly not. Your mother was an adult who went 'missing' with no evidence of foul play or to suggest other than it was done willingly. From your post, it appears there was no 'crime scene' or anything to indicate other than a 'walk away'.
If their reaction was as you claim, you might file a complaint against the officer (due to HIS conduct), but it appears that there really is nothing that the Police department could have done other than to wait.
The problem really becomes... what damages did you sustain due to the police departments actions. Regretably, I don't see any.

 

[cant_not]

Hey,

thanks for the reply. It really sucks. I mean, I dont want money out of this whole ordeal. Just peace of mind, knowing that the police officer was punished in some form. Ick. He didnt conduct his job properly, and we paid in the end

 

[cant_not]

Sorry, I didnt see the last part of your response. What damages did I sustain due to the police departments actions? Several! Emotional wreckage, in a nutshell. It was awful. And, I have the therapy bills to prove it. They made us wait, days longer than we should have had to. They could have done something. Something

 

[JETX]

He didnt conduct his job properly, and we paid in the end

How is that?? Are you saying that officer could have somehow prevented her murder??

What damages did I sustain due to the police departments actions? Several! Emotional wreckage, in a nutshell. It was awful.

I'm sure it was... but your 'emotional wreckage' was far more likely due to you loss.... and NOT due to the officers conduct. Don't misunderstand, I am not condoning his actions... but they were NOT the cause of your 'emotional wreckage'.

They made us wait, days longer than we should have had to.

How would this have been any shorter a wait if the officer had taken an immediate report?? Do you KNOW that your mother was killed AFTER you contacted them... or was it before?? Unless you can PROVE that her death was a result of the officers idiotic response... you have no claim against the officer or the department. Simply, there was NOTHING that they could have done to prevent her death.... even if they had taken an immediate report.

They could have done something.

And what EXACTLY could they have done that would have changed the outcome??

 

[seniorjudge]

How is that?? Are you saying that officer could have somehow prevented her murder??

Hmmm...this is getting interesting.

 

[cant_not]

I think if he followed proper protocal that it wouldnt have took
6 months to find her body, then an additional year on top of
that for her to have proper burial.

 

[rmet4nzkx]

I have read the articles
http://www.news-expressky.com/articles/2006/06/08/news/01answers.txt
http://www.herald-dispatch.com/2005/June/07/LNlist7.htm
You were away at school so you don't know the actual events leading up to her disappearance.
Your mother was known to local law enforcement as was her alcoholism.
You even admit on a message board that the description of her fit her to a tee, she was found to be 5'6" in height and approx 80-100 lbs at the time of death, so she was not healthy, perhaps aneroxic due to her alcoholism and this could have resulted in her sudden death.
Did she normally dress in mens clothes or do you suspect that perhaps she died and was dressed in men's clothing and tossed into the river by her drinking buddies?
You can file a complaint about how the case was handled and that might generate some corrective action but it will never answer your questions about how she died because the body was too badly decomposed and with her drinking history there is little else to go on. Perhaps you might contact one of the reporters, the one stating that your family offered no comment and perhaps they can help you.
I am sorry for your loss.

 

[xylene]

Nice research rmentnzkx

 

[rmet4nzkx]

Nice research rmentnzkx

Thank You..

 

[cant_not]

Wow, thank you.


I wasnt actually away at school when my mother died,
or disappeared. I had just finished nursing school at that
point and was taking classes locally at the community college
to get credits toward my RN. I didnt actually move away for
school until January of 2006. My mother lived with my grandmother and myself.

My mother was a nurse, she got in the habbit of wearing under-thermals under her clothes to keep warm when it was cold out. We all do it, seeing that scrubs are so thin.

 

[rmet4nzkx]

Wow, thank you.


I wasnt actually away at school when my mother died,
or disappeared. I had just finished nursing school at that
point and was taking classes locally at the community college
to get credits toward my RN. I didnt actually move away for
school until January of 2006. My mother lived with my grandmother and myself.

My mother was a nurse, she got in the habbit of wearing under-thermals under her clothes to keep warm when it was cold out. We all do it, seeing that scrubs are so thin.

Then as a nurse with your training you also know the consequences of advanced alcoholism and anorexia on your mother's heart and how that might result in sudden death, falling into the swollen river or frightening her companions leading to a less than dignified disposal of her body. Was she depressed? She may have simply decided to end her life, you will never know. Unfortunately, given the time lapsing between the time of her death and discovery of her body, little can be done to determine the actual cause of death and you knew that before coming here. Given the frail nature of her body, it could have easily traveled far down stream before settling where it was eventually discovered.

Since she was in the habit of disappearing from time to time, presumiably drinking or associating with friends, this was known to the police. It is not like she was acting out of character, nor was she reported as missing by an employer? How long was she missing before someone reported her missing in the first place? Did your family organize search parties or contact any of the national organizations which help search for missing persons like America's Most Wanted www.amw.com/ or Carole Sund/Carrington Foundation www.carolesundfoundation.com/ National Center for Missing Adults (NCMA) www.theyaremissed.org/ncma/content.php?webid=nonprofit_agencies Have you contacted any of them since your mother was found and asked for assistance in handling your complaint? Perhaps joing one of these organizations will help you and your family process your grief.

Adults unless they are conserved, are allowed to come and go as they please, whether or not they have families, friends, mental illness, substance abuse or alcohol problems. The police are therefore limited in what they can do until there is evidence of a crime. When they received a tip, they took action, interviewed the informant, even giving a lie detector and searched the river. Missing persons are often get very angry when someone reports them to the police, especially if they are defensive or have reason to be defensive, that is a privacy issue and their right, it puts the police in a difficult place, even more so when there is more than one jurisdiciton involved. With all the news reports on the the Peterson and Levi cases, do you know how many similar disappearances went unreported by the press and are still cold cases to the police?

 

[acmb05]

Unfortunately, given the time lapsing between the time of her death and discovery of her body, little can be done to determine the actual cause of death and you knew that before coming here.

You kidding right? They determine cause of death every day from bodies they find that have been missing for years. There are plenty of ways to determine cause of death if they look close enough.

When they received a tip, they took action, interviewed the informant, even giving a lie detector and searched the river.

Yea four days after receiving the tip they started doing all of this.

Perhaps you might contact one of the reporters, the one stating that your family offered no comment and perhaps they can help you.
I am sorry for your loss.

Actually they stated that the family could not be reached for comment, not that they offered no comment. There is a difference there. If you notice in the same article how they said the family was constantly contacting different agencies to try to get information.

Now even though they were being insensitive asses about this ladies mother, it seems they broke no laws.

If they had taken the report originally when it was first reported they may have found the body sooner. By waiting it gave time for the body to float very far down stream and out of the search parimeter. This would have been very helpful in identifying the body and also could have possibly saved any forensic evidence that could have been collected.

The police in this case acted very badly. No matter what thier knowledge of the person was when someone is missing and a relative wants to make a report they should never refuse to do that.

I also did not see in either of those articles where it said she had a habit of dissappearing.

 

[rmet4nzkx]

You kidding right? They determine cause of death every day from bodies they find that have been missing for years. There are plenty of ways to determine cause of death if they look close enough. {/quote] How pray tell are you going to determine after the remains have been contaminated by water and badly decomposed whether or not the deceased, slipped/fell/pushed/jumped/thrown into the river or if they were alive or dead at the time to determine both COD and whether or not foul play or natural causes? How are they going to determine whether or not her heartfailed or if she drowned?

Yea four days after receiving the tip they started doing all of this.

That is not unusual for an adult with a known history of alcoholism and no particular schedule or routine. If there was a weekend, that may have increased the time. Last winter in CA there was a doctor who was on her way from her clinic to a meeting in another town, she was reported missing that same night, because she did not arrive where she was expected and it was not in her nature to disappear. It took 6 weeks to find the body, but they were bale to determine the cause of death, accidential because of factors besides the autopsy.

Family of doctor who drove into water sues Alameda. ... Attari, who lived in San Jose, was reported missing Nov. 7 after she left her office in Oakland's ...
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/05/08/MNGMEINUM839.DTL

Alameda sued over death of doctor who accidentally drove into ...from Oakland ... Their car was discovered in the water six weeks after they went missing. ...
http://www.findarticles.com/p/articles/mi_qn4176/is_20060508/ai_n16351285

Missing doctor's car discovered' from Oakland Tribune in News & Society ... Alameda, ends at the estuary, where it basically dips into the water as an open ...
http://www.findarticles.com/p/articles/mi_qn4176/is_20051221/ai_n15942713

So we have a highly publicied missing person report and it still took months to find her body when it was feet from her last known location and within a few miles of USCG base and seat of city/county government. But since they can determine some liability, they have grounds for a lawsuit, that is the difference. Immediate reporting didn't make a difference.

Actually they stated that the family could not be reached for comment, not that they offered no comment. There is a difference there. If you notice in the same article how they said the family was constantly contacting different agencies to try to get information.

That is why I told OP to contact that reporter if they wanted some media attention. OP knew of these articles and posted on other forums not linked here but which you could easily find, If they wanted to comment, they easily could have long ago.

Now even though they were being insensitive asses about this ladies mother, it seems they broke no laws.

At least you see that.

If they had taken the report originally when it was first reported they may have found the body sooner. By waiting it gave time for the body to float very far down stream and out of the search parimeter. This would have been very helpful in identifying the body and also could have possibly saved any forensic evidence that could have been collected. [/quote] as seen by the above links, it may not have made a difference. Some bodies lost in water are never found even when reported immediately.

The police in this case acted very badly. No matter what thier knowledge of the person was when someone is missing and a relative wants to make a report they should never refuse to do that.

They have policy, like everything else, many times the police only counsel or take an incident report.

I also did not see in either of those articles where it said she had a habit of dissappearing.

It was in OP's other postings that I did not link. It is sad, I know of the death of 2 USCG aux persons who went missing in a large shallow bay while on patrol, their bodies were never found.

 

[acmb05]

If they had taken the report originally when it was first reported they may have found the body sooner. By waiting it gave time for the body to float very far down stream and out of the search parimeter. This would have been very helpful in identifying the body and also could have possibly saved any forensic evidence that could have been collected.

as seen by the above links, it may not have made a difference. Some bodies lost in water are never found even when reported immediately.

They have policy, like everything else, many times the police only counsel or take an incident report.

It was in OP's other postings that I did not link. It is sad, I know of the death of 2 USCG aux persons who went missing in a large shallow bay while on patrol, their bodies were never found.[/QUOTE]

When someone wants to file a missing persons report the police should do it and at the very least get the information out to other officers. So sometimes they counsel or take an incident report. Is it policy to basically laugh in the OP's face and ignore them completely? I don't think it is.

As far as finding the casue of death. While it is possible that they could not determine if she was pushed they could easily establish if she was hit with something, shot, stabbed, or any number of other ways that someone could kill someone else. Also they could determine if she had a heart attack or some other failure of any number of her bodily organs. There is a distinct difference in a wound that was made prior to death and one that was made after death, and even badly decomposed organs can be analyzed and causes of death found.