MONROE - With a John Doe investigation into the death of a Monroe teen at the Green County jail still pending, the next step in a civil case aimed at local and state government agencies alleging wrongful death has been scheduled for June in the hopes the probe will be concluded.
The prolonged investigation focuses on the death of Kyle Peotter, 17, who died while jailed from an apparent methadone overdose on Jan. 30, 2013.
Gary Luhman, Green County district attorney, said Tuesday he expects the John Doe investigation to conclude by the end of February.
Michael Witt, the attorney representing Peotter's mother and stepfather Amber and Michael DeGraff as plaintiffs in the civil lawsuit, said he has no idea "what's going on" with the John Doe investigation. Witt appeared via teleconference at the Green County Justice Center Tuesday and asked Judge Thomas Vale to schedule a status conference several months out in the hopes the investigation into Peotter's death will be concluded, and to remain open for earlier dates if the investigation finishes earlier.
"The cost for calling in has gone up dramatically and I would not like to waste the court's time or the plaintiff's money if nothing has been resolved," Witt said.
At the last status conference in December, it was noted that a case in Monroe County with similar facts could be taken up by the state Supreme Court and could weigh heavily on the Peotter case.
According to online court records, Adrianna Seroy, Tomah, was jailed at the Monroe County Jail in January 2010. While incarcerated, she died of an overdose of mixed prescription medications she obtained from another inmate. The District IV State Court of Appeals ruled in October that the Monroe County jail staff were immune from punishment, but the case is currently in front of the Supreme Court, which has taken no action on the case. If the Supreme Court denies review, the case could be used as persuasive argument in similar cases but not as concrete law. If the court accepts the case and rules against the court of appeals' decision, the Peotter case could continue on and possibly punish state and local government agencies for his death.
Troy Peotter, Kyle's biological father, has also been included in the proceedings but has been unable to retain counsel because he cannot write letters to an attorney due to his incarceration at the New Castle Correctional Facility in Indiana since 2010. Witt has made a motion to default on Troy Peotter's inclusion since he is unable to retain counsel for himself, although it was suggested he could join the proceedings in June, his expected release date.
Kyle Peotter was under the guardianship of his mother and stepfather prior to being incarcerated in September 2012 for a felony charge of vehicle theft and contributing to the delinquency of a minor. Peotter's arrest came after a number of run-ins with Monroe police for minor infractions, including drawing graffiti and being disorderly.
The civil suit was filed last March.
A motion hearing is set for June 16.
The prolonged investigation focuses on the death of Kyle Peotter, 17, who died while jailed from an apparent methadone overdose on Jan. 30, 2013.
Gary Luhman, Green County district attorney, said Tuesday he expects the John Doe investigation to conclude by the end of February.
Michael Witt, the attorney representing Peotter's mother and stepfather Amber and Michael DeGraff as plaintiffs in the civil lawsuit, said he has no idea "what's going on" with the John Doe investigation. Witt appeared via teleconference at the Green County Justice Center Tuesday and asked Judge Thomas Vale to schedule a status conference several months out in the hopes the investigation into Peotter's death will be concluded, and to remain open for earlier dates if the investigation finishes earlier.
"The cost for calling in has gone up dramatically and I would not like to waste the court's time or the plaintiff's money if nothing has been resolved," Witt said.
At the last status conference in December, it was noted that a case in Monroe County with similar facts could be taken up by the state Supreme Court and could weigh heavily on the Peotter case.
According to online court records, Adrianna Seroy, Tomah, was jailed at the Monroe County Jail in January 2010. While incarcerated, she died of an overdose of mixed prescription medications she obtained from another inmate. The District IV State Court of Appeals ruled in October that the Monroe County jail staff were immune from punishment, but the case is currently in front of the Supreme Court, which has taken no action on the case. If the Supreme Court denies review, the case could be used as persuasive argument in similar cases but not as concrete law. If the court accepts the case and rules against the court of appeals' decision, the Peotter case could continue on and possibly punish state and local government agencies for his death.
Troy Peotter, Kyle's biological father, has also been included in the proceedings but has been unable to retain counsel because he cannot write letters to an attorney due to his incarceration at the New Castle Correctional Facility in Indiana since 2010. Witt has made a motion to default on Troy Peotter's inclusion since he is unable to retain counsel for himself, although it was suggested he could join the proceedings in June, his expected release date.
Kyle Peotter was under the guardianship of his mother and stepfather prior to being incarcerated in September 2012 for a felony charge of vehicle theft and contributing to the delinquency of a minor. Peotter's arrest came after a number of run-ins with Monroe police for minor infractions, including drawing graffiti and being disorderly.
The civil suit was filed last March.
A motion hearing is set for June 16.