Friday, June 14, 2013

Ayla Reynolds: Wrongful Death Suit

This was not a complicated case.

A single, chronically unemployed uneducated father bitterly learns that he is father...again. For him, the casual irresponsible affair now means 18 years of child support.  At some junction, he decided to seek custody of the child, having not met her prior to being 7 months of age.  Having custody would mean not only would he not have to pay child support, but he would seek to receive child support payments from the mother, while dumping the child on his relatives or friends.

The child, however, gets under his skin.

She is found to have a black eye, to which he says "she got into a fight at Chuck E Cheese ball pit" as if toddlers "get into fights" at that age, while forgetting that the Chuck E Cheese he referenced didn't have a ball pit.

She had a leg injury consistent with twisting during a diaper change; something that someone with a temper may have done.

Lastly, she is found with an untreated broken arm, left without treatment for 24 hours, something, unfortunately, familiar to social workers and ER medical professionals who know that the offending parent is stalling due to substance abuse, and/or seeking a way out of getting in trouble.

As if all of this isn't bad enough, the single, chronically unemployed father takes out a large life insurance policy from his buddy, not to provide for his child, but that his daughter could provide for him, in the event of HER death, even though she was an otherwise healthy toddler. He took out this policy betting that she would die, and he would cash in.  He did not take out a policy on his other child, of whom he had with another woman.

Less than 2 months later, surprise, surprise, the baby disappeared.

The father reported her kidnapped but when it came time to 'negotiate' with the kidnapper, the father refused to speak claiming to be "emotionally incapable" of doing so.

When the parent of a missing child does not help find her, the parent does not want the child found.

The only mysteries in this case are:

1.  Where the baby was dumped
2.  Who helped him.

When Justin DiPietro did finally release a statement, he referenced the child in the past tense, signaling that she was dead.

Police later found Ayla's blood in his home.

So, why no arrest?

This is not a mysterious "who done it?" to be carefully scrutinized.  It is a "why has there been no arrest?" case in which the public cannot help but wonder if the national coverage this case received early on has the same hallmarks as the Jonbenet Ramsey case.

Jonbenet Ramsey was killed in her own home.

Her wealthy parents quickly hired high powered attorneys which made the local prosecutors so afraid that Alex Hunter, fearful of being humiliated by his private counterparts, actually refused to sign the Grand Jury's indictment in which John and Patsy Ramsey, the parents, were found liable in Jonbenet's death.

There was no way Hunter and the state attorneys were going to go up against the high powered private attorneys working for the Ramseys.

When Baby Lisa went missing in St. Louis, police talked tough and were quickly closing in on Lisa's mother, Deborah Bradley, who was lying about what happened to Lisa.  With national attention, Joe Tacopina, famed attorney out of New York, showed up on the scene, made a bit of bluster, and the case suddenly went cold.

No arrest for Deborah Bradley.

There was no way the state attorneys were going to go up against the private, high powered Tacopina and his team of very sharp attorneys.

Now we have Baby Ayla in a simple case in which police admitted that DiPietro, his sister, and his girlfriend were all lying, and admitted that Ayla could not have survived the bloodshed that took place in that home.

Was it that Nancy Grace challenged DiPietro to come out, giving the case a national audience, that has actually hurt justice for Ayla?

As it went national, so went the ever increasing odds that a Joe-Tacopina-like attorney would show up, perhaps from Boston or New York, ready to make the state attorneys quake in their shoes, and buckle into an unwillingness to fight it out in court?

Is this the case here?

If so, what resources exist for the mother of Ayla Reynolds, Trista Reynolds?

Recall what the family of Ron Goldman did when the OJ jury perverted justice due to the color of the defendant's skin:

They filed a wrongful death suit.

What is it that stops Trista Reynolds from doing the same?

Due to the publicity in the case, a simple email to the producers of the Nancy Grace Show, and the ball will begin to roll, and roll it will, all the way from Waterville down to Boston (or New York) where a private attorney will step forward, eager for the publicity, and put together the case that the state attorneys should have.

If Ayla was my daughter, I'd give state attorneys 30 days notice:  either issue arrest warrants or I will take matters into my own hands, and have my own attorney begin the work.

But, that's me.

I could not bear letting some small town bully get away with killing my daughter.

Seriously, are we to believe that Justin DiPietro bested anyone in an interrogation?  Really?  Between him and his brother, Lance, there's scarcely enough brain cells to pass a fifth grade math test.  Oh, give them a baseball bat, and a child, perhaps, and they're up for the challenge:  they're both good at making threats as if they've OD'd on Soprano re-runs, but, seriously, this guy was able to keep the information on where he dumped Ayla from trained law enforcement?  When his mother went on TV, she could not even keep her eyes open while lying.  Her sister could only muster a "fine, fine" when asked about her polygraph and Maine newspapers will not allow reporters to do investigative journalism:  no official quote, no printing.

But what of Governor LePage?

LePage is no politician; he is a no-nonsense street businessman who worked himself up from nothing to the highest office in the state.  Republican or Democrat, you have to tip your hat to the man.  He has low tolerance for incompetency and zero tolerance for idiots, and is not afraid to say so, whether or not the Maine newspapers like it or not.  (hint:  they don't).

I cannot help but think that there may be something hindering this case that he could help with.

  Could Trista Reynolds seek his help?

Given his background, I don't think he'd turn a deaf ear to her cause.  Perhaps he can get answers where media has not asked.

Maine is not the only state in the union.  Just beneath Maine is Boston, replete with talented attorneys who are ready and likely eager to step up to the plate, make quite a bit of noise, and see what they can do against DiPietro, his sister, his girlfriend, and, perhaps, even his buddy who may know more than we think.

Justice for Ayla is not going to come through gentle and polite means.  Perhaps it is time for Trista Reynolds to take stock in that her little girl's blood was found in that home and it is still crying out for justice.

What will it take to get justice for Ayla?

If the state attorneys won't do it, perhaps private ones will.

It may be something Trista Reynolds can consider, because nothing will be more insulting to the memory of Ayla Reynolds than Justin DiPietro cashing in on her death.  We already heard that he sought to stop making child support payments on her behalf, but he did, or so we heard, keep up payments on the life insurance policy which he stands to gain from his daughter's death.

He bet that Ayla would die.

I'm betting, now, that Ayla's going to see justice against him, but it may not come in the usual way.

Imagine a suit holding Justin DiPietro, Elisha DiPietro, and Courtney Roberts responsible for Ayla's demise?

I can.

Since I struggle to be 'patient' with the "ongoing investigation" (quote from Maine State Police, June 2, 2013), perhaps the civil suit is the way of hope.

Hope for Ayla.

Hope for justice for Ayla.


38 comments:

Apple said...

As I've said, I'll donate to a civil suit fund for Trista in Ayla's name.

Anonymous said...

Baby Lisa was in Kansas City, not St. Louis.

Jen said...

Good call Apple...I too would gladly donate. The Dips and their cronies need to be held responsible one way or another. Plus (like OJ) the pressure of a civil lawsuit/judgement hanging over their head may lead to one of them folding, and bring forth answers about what really happened.

Jen said...

Good call Apple...I too would gladly donate. The Dips and their cronies need to be held responsible one way or another. Plus (like OJ) the pressure of a civil lawsuit/judgement hanging over their head may lead to one of them folding, and bring forth answers about what really happened.

Shelley said...

Someone kills my child, I am out for blood!

I would not rest until I was dead myself.

It would be my mission in life.

And being that I only have one child and I do not have another one that would need me.... I would lose that concern about not being arrested because my other child needed me.

Justin does not deserve to have even the air he breathes.

Any one that kills a child, especially their own deserves one thing DEATH


And why is it so many rush to defend these wastes of life.

I could never do it.

There is not enough money in this world.


And wish the media would spend more time calling attention to the fact that cases like this, where it is clear that child died in his basement....are not being prosecuted.

Nancy Grace is very out spoken.

I even wrote an email telling them that the Jodie Arias case was off for now and to stop repeating the same stuff we have all seen over and over and lets talk about getting justice for Hailey, For Ayla

Yet, I dont expect them to read it much less care.

If Jodi gets ratings, that is what they care about. All the media.

I think it became clear when the the Jodi trial was going on, that was all any one talked about. the entire show, day after day.

So I would like to think that at least while its not active for now, that they would address this stuff.

I feel like if all the news media was talking about how lE said there was enough blood in the basement the baby could not survive. And he had just gotten a life insurance policy. that HELLO, you have a case here.

And I would keep bringin it up and addressing all these cases.

I would ask those in decision making roles what they were doing.

I would not let it up.

I wish I could do more..... I wish I had some power to make changes.


Anonymous said...

Really, my oh my, I think you have outdone yourself.

Anonymous said...

It's simple. She can't bring any action against Justin because it would reveal her own involvement in the life insurance plot.

This case will be solved only when the maternal family tells the truth.

Trista gave Ayla to Justin to kill for the life insurance. He screwed up and hid the body.

mountain mama said...

"I'm betting, now, that Ayla's going to see justice against him, but it may not come in the usual way.

Imagine a suit holding Justin DiPietro, Elisha DiPietro, and Courtney Roberts responsible for Ayla's demise?

I can."

*** Me too.

Dee said...

Great post Peter. I often wonder why Trista is not more pro active. I realize she's pregnant (or maybe has had the baby by now) and that she has a son to care for but this has gone on too long, she needs to be vocal. She needs to be Ayla's voice. At this juncture I think a civil suit is a great idea. Like you said, give them a choice - make an arrest or a civil suit is filed. There is a statute of limitations to file. Trista better check what that is in Maine.

Deejay said...

Don't you think Trista could be afraid of those thugs?

Anonymous said...

Come on now. Good article; however, I thought everyone knew that if attorneys can't sniff out something to be gained monetarily in the way of a big settlement or by court adjudication through filing a civil law suit they don't take the case. That's just plain common sense.

Now tell me, who in that DiPuke family or among Courtneys' dopped up family has anything monetarily to gain? Now tell me, who in Tristas' family has anything to pay the attorneys' legal fees with, beginning with the costs of filing the suit? None, that's who.

Gain? Gain what? Lawyers don't take on poor clients just to do the 'right thing' or for the fun of it and file big lawsuits when there's nothing to gain, not even reimbursement of their out-of-pocket expenditures.

Civil litigators aren't interested in who killed the baby or what they did with the baby; they want to be PAID. In this case, by WHOM? Observer

Jazzie said...

"They filed a wrongful death suit.
What is it that stops Trista Reynolds from doing the same?"

Perhaps grief.
Perhaps she just isn't up to the fight.

I do not believe it is due to:
"She can't bring any action against Justin because it would reveal her own involvement in the life insurance plot."
ANON @ 8:20pm

Sometimes people realize to win the war they would have to die in the process. Sometimes we have to choose our battles. And at some point we have to ask ourselves: "Our we better alive for the cause, or dead for the cause."

Personally I chose "alive for the cause". I believe I can do more good alive than dead.

We must respect what people who suffer choose.

Jazzie said...

The concept "Alive for the cause or dead for the cause" involves the brutal assessment of the extent of sacrifice one is willing to make.

Sacrifice can mean a tremendous loss or gain.
Factoring in existing suffering.
Factor in self preservation.

What is the delineating factor that propels one to intervene to make a difference in fate or a perceivable outcome?

Factor in a belief in LE.
Factor in Hope.
Factor in a family defined by brokenness.

We do not know what LE said or showed to Trista.
We all have the luxury to make conjecture and hypothesis, but until we are in Trista's shoes, we will never know, will we?

mountain mama said...

I agree Jazzie I think Trista will do what needs to be done when the time is right. She still has time.

elf said...

Did you forget your helmet today?

elf said...

Perhaps trista still has hope for Ayla. Filing a wrongful death suit means that she thinks her baby is gone forever.

elf said...

Wouldn't they have to declare ayla dead for a wrongful death suit?

Shoppergalone said...

I refuse to believe that Trista was in on some kind of plan of splitting the life ins. by giving Ayla to Justin to murder.

I cannot accept that and I think that must be a DePietro family member or possibly the buddy that sold the life. ins. policy (or his mom).

It's cruel and heartless to even suggest something like that especially after watching this young mother grieve for her beautiful baby. She did what she thought was the right thing, going to rehab to better their lives.

Justin didn't want to pay child support and apparently was willing to do anything to make sure that didn't happen. The system failed her. He kept wounding her, they kept letting him.

Anonymous said...

Poor little innocent baby doesn't deserve any of this. Deepest sympathy from Liverpool UK xxx

Me said...

2-year-old dead; Somersworth man charged with manslaughter

http://www.wmur.com/news/nh-news/2yearold-dead-somersworth-man-charged-with-manslaughter/-/9857858/20582906/-/118vuf5/-/index.html

Anonymous said...

...and I stand my gorund too! I do NOT believe for one second, that Trista had anything to do with any scheme to collect life insurance from Ayla's death. It is all just a bunch of mud-slinging right now. Just look at the situation. Whose care/watch was Ayla in at the time of her "being disappeared?. Whose blood was found in the basement of Violette Avenue home in Waterville, Maine? Whose care was she in when she was injured with the black eye, the injured arm, the bruised legs? And, for God's sake, please don't go around saying that $25,000 "isn't a lot of money". Many of us Mainer's are middle low income and every cent is valued. To them it might be alot. I am just sad that the justice system works for only the "rich" who can hire "fancy"lawyers to lie for them and win any case. I am sad that the justice system has failed Baby Ayla just as it has failed many other infants who have "been disappeared". I am sad to see that now there have been so many "copycat" cases of kids "being disappeared" that it has become epidemic. Something has to be done ..yesterday! And we won't forget! March on for Justice for Ayla! Great article! Peter!!!! from Glenda

Patty Warner said...
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Patty Warner said...
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Peter Hyatt said...

Patty,

watch how fast there is an arrest when someone harms an animal.

Peter

lulu said...

hello peter. i'd like to agree with you on "arrests" for harming an animal; can't though, sad to say:(
and someone or the trio need to be held accountable to this (again, another) broken, missing child... so ghastly to think these parents think nothing of harming and killing and throwing away with the evening trash!

lulu said...
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Peter Hyatt said...

lulu,

it is strictly anecdotal.

I find that Maine prosecutors go after those who hunt illegally, or who harm an animal, without hesitation, but when it comes to harming a child, I see hesitancy and have for more than 10 years.

I cannot help but wonder if it is fear of going up against private attorneys that keep our AAGs and ADAs from doing the right thing.

Amaya Hikaru said...

I would donate for a civil suit. Justin NEEDS to be brought to justice for what he did to this innocent beautiful child.

christy said...

Trista, please begin a civil suit. Call the child support and DFS workers as witnesses, too.

Anonymous said...

Yeah, right. You're gonna pay this atty and his/her law firm to file these multiple suits, right? You're gonna fork over a retainer, sign an agreement to be the one responsible to pay the exorbitant costs of filing these suits, pay for the depositions, pay for the private detectives, the filing fees, and numerous other costs and legal fees? What is Trista supposed to use for MONEY, a monopoly game?

At the end of the day, YOU'RE gonna be the one who has to pay for the DiPukes in a wrongful death settlement, WHO ALSO HAVE NO MONEY to pay with? What is WRONG with you people who think its' free to run around filing civil lawsuits where there is nothing to gain and NO MONEY to pay with in the event of a court ordered settlement?

When do you become aware that attys DON'T take clients who have no money for costs, nor do they have any assets; nor do they anticipate gaining any money from deadbeats like the DiPukes who have no money, when there is nothing to gain, even if they might be ordered to pay up! Attys do NOT work on a hope, a prayer and a promise to pay. Observer

Patty Warner said...
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Patty Warner said...
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Anonymous said...

You are so right, Patty @ 9:01; many lawyers will not take suits that go up against other lawyers and judges they know and don't want to upset causing their wrath, and creating future problems for themselves, not for any amount of money or for the best winnable lawsuit.

I watched a huge civil suit go up in smoke once (malpracticed by the low-life atty who did take it while his meter kept running), that a very good atty who could have won, would not touch.

I asked him why he did not take the suit and I will never forget what he said to me; words to this affect, he said, "look, I have to walk these halls and face these well-oiled lawyers for the defense and their big firms, and that judge nearly every time I come to this court house. I also have to stand in line before filing clerks to get my documents filed and recorded. I cannot risk my career by going against this favored lover-lawyer who could cause me all kinds of problems up and down these halls".

Many just do not realize all that is involved in filing a civil suit, even those that could be winnable. If it's not the money the client doesn't have for costly filing fees, etc., or no pot of gold at the end of the rainbow, it's the justice system. People talk about justice? Where? Show me. It's very rare, few and far between. Observer

Patty Warner said...
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