Tuesday, April 25, 2017

Mayfield's widow wants answers from attorney

The widow of Mark Mayfield wants to ask a Madison County attorney some questions concerning his involvement in the Rose Cochran "nursing home scandal" that took place in the 2014 Senate race.  Robin Mayfield filed a complaint for discovery against Richard Wilbourn in Madison County Chancery Court on January 18, 2017. Mr. Mayfield committed suicide after he was arrested for allegedly participating in a plot to use pictures of a vegetative Rose Cochran in a campaign video attacking Senator Thad Cochran.  Earlier post on arrest.

The complaint recites the circumstances surrounding Mr. Mayfield's arrest.  It then makes several allegations regarding Mr. Wilbourn. Mr. Wilbourn was listed on the prosecution's witness list in the Clayton Kelly case. The complaint alleges:

14. On information and belief, Richard  Wilbourn,  III  ("Wilbourn"),  among other things, may have engaged in negligent and/or tortious actions that harmed Mr. Mayfield and his business, embarrassed and humiliated him, caused severe emotional distress, and caused his death.
15. For example, on information and belief, Wilbourn was actively involved in and contributed to conceiving, planning, orchestrating, and/or executing the act of obtaining photographs of Rose Cochran at the nursing home.

16.  Upon information  and belief when Mr. Mayfield  was contacted by Mr. John Mary to assist Mr. Clayton Kelly with taking photographs of Mrs. Cochran, Mr. Mayfield refused to participate in the taking of any photographs, but Wilbourn was interested in helping. When Mr. Mayfield went to the nursing home to clean out his mother's room after her death, Wilbourn accompanied Mr. Mayfield for the  purpose of locating  Mrs. Cochran's room.

17.   Therefore, Wilbourn has information, knowledge, and other evidence relevant to the events leading up to and surrounding Mark Mayfield's death. However, Plaintiffs are effectively prohibited from obtaining such information and evidence except through discovery.

18. Based on the foregoing, the Plaintiffs  are attempting  to ascertain  what,  if  any, causes of action are available, including, without limitation, those that may arise out of negligent, reckless and/or intentional actions, possibly including negligent, reckless and/or intentional infliction of emotional distress, wrongful death, and other negligent, grossly negligent, reckless and/or intentional torts.
19. As the Plaintiffs are obligated to ascertain what, if any, causes of  action  are  available, they accordingly file this Complaint for Discovery so that certain evidence, including deposition testimony and documents, including but not limited to those described in the list attached hereto as Exhibit ''A," can be accumulated and reviewed.
All Madison County Chancellors recused themselves from the case.  The Mississippi Supreme Court appointed Chancellor Carter Bise of the Eighth Chancery District to hear the case.

Mr. Wilbourn moved to dismiss the complaint.  A similar complaint was apparently filed in Hinds County Chancery Court but was sealed and dismissed. The motion to dismiss states:

5. Further, on March 10, 2017, the same day that Defendant was first served with a copy of the complaint, Plaintiffs served Wilbourn with a subpoena duces tecum issued on March 9, 2017 [Doc. 6] (the “Madison Subpoena”). The Madison Subpoena is identical to the subpoena served on Wilbourn in the Hinds County action – and quashed by the Hinds County Chancery Court on January 18, 2017. The Madison Subpoena commands Mr. Wilbourn both to appear for  a deposition on April 6, 2017, and produce within fourteen days several broad categories of documents  related to  Wilbourn’s law practice, phone records,  and other  sensitive matters, well before the time afforded Defendant to file his responsive pleading to Plaintiffs’ complaint.
He also argues the complaint is "overbroad" and that the plaintiffs are seeking confidential correspondence he may have had with clients and law enforcement officials.  He also asked the court to award him attorney's fees.  He is represented by attorney Cory Wilson.

Mr. Wilbourn also filed a motion to seal the case yesterday.   He argued

4.  As discussed in his motion to dismiss, Defendant contends that this action is an improper use of the ancient “bill of discovery” and should be dismissed. Whether this Court grants Defendant’s motion to dismiss or not, Mr. Wilbourn respectfully requests that this Court seal the court file...
5. This action is a matter involving private litigants, unseemly allegations, and purported investigative “discovery” of confidential and business sensitive information, purportedly sought  by  Plaintiffs to assess whether or not they have any viable claims. The Plaintiffs’ “Complaint for Discovery” alleges that Mr. Wilbourn “may have engaged in negligent and/or tortious actions that harmed Mr. Mayfield and his business, embarrassed and humiliated him, cause severe emotional distress, and caused his death.” Complaint [Doc. 3], at 3 (¶ 14) (emphasis added).  From that conjecture, the complaint goes on to allege other repugnant and prejudicial things against Mr. Wilbourn, but no actual dispute or claims.
Kingfish note: Here is probably the information that Mrs. Mayfield is probably going after in her lawsuit.  Marin Cogan reported in a New York Magazine story about Mayfield's death:

On the Tuesday before Mayfield was arrested, as he and Robin lay in bed, she decided she’d had enough of his tossing and turning and demanded to know what was going on. “You know that Kelly guy who was arrested?” he told her. “Well, I’m involved in that somehow.” Mayfield explained that Mary had approached him about taking the photo. According to Robin, Mayfield said he wouldn’t do it but that he could set Kelly up with a friend — another attorney — who could help him out. When Mayfield went to the nursing home to clean out his mother’s room after her death, the attorney accompanied him. Mayfield showed him where Rose Cochran’s room was located, and the attorney then explained the location to Kelly over the phone, using a blocked number. (The attorney was never arrested or charged with any crime.) Rest of post.

Dear Chancellor: Please read up on Gannett v. Hand.  You might be seeing that case again.



30 comments:

Anonymous said...

What is a “complaint for discovery”? How is it different from a regular complaint?

Anonymous said...

1. What an awful stain this is on Missippi's already stained political quilt.
2. If the media covers this, it's a wet blanket on McDaniel's nascent campaign against Wicker.

Anonymous said...

Not sure how you figure McDaniel plays into this. But I'm sure you have a great theory.

Anonymous said...

11:33 - your comments are disgusting -- stained quilt's and wet blanket's (the apostrophe's are for added emphasis)

Anonymous said...

A complaint for discovery is when you don’t have enough info to file a regular complaint or you can’t get what you need through regular discovery. It just asks for information. Either the Mayfields want something they can’t get through regular discovery or they’re just fishing.

Anonymous said...

Kelly was used on this deal. He took the fall. His family suffered greatly. he was just a young dumb smuck that was manipulated by the big boys.

Anonymous said...

A bill of discovery is an old chancery court procedural vehicle....allows someone to seek information before filing an actual lawsuit.

It's an investigative tool.

Defense lawyers hate it. The very purpose of the tool is to find out more information.....and it's very difficult to defend against.

When the opening defensive line from a lawyer is that something is "ancient" know he has very poor arguments next in line.

Anonymous said...

Bill of Discovery was basically just outlawed by the Supreme Court in a recent decision. It helped Plaintiff's lawyers too much so it had to go. If Wilbourn's attorney has read the decision a Motion to Dismiss should be coming.

Anonymous said...

So it's somebody else's fault he killed himself? Is that the gist here?

Anonymous said...

"in for a penny, in for a pound" the late lawyer was neck deep in the conspiracy. this lady needs to find a way to move on...

Anonymous said...

@ 12:28 Bills of discovery are alive and well. See Kuljis v. Winn-Dixie Montgomery, LLC, 2016 Miss. App. LEXIS 166 (Miss. Ct. App., Mar. 29, 2016). You just can't use them to obtain pre-litigation discovery on a targeted tortfeasor (and you never could).

And defense lawyers love bills of discovery. We use them all the time when investigating claims and we need information that we could not get absent a subpoena.

Anonymous said...

Case discussed above upheld by Kuljis v. Winn-Dixie Montgomery, LLC, 2017 Miss. LEXIS 120.

Anonymous said...

11:33am, how can you misspell Mississippi?? It's the one thing we all should know, if nothing else. Lemme guess, you went to Prep or JA? Class of 94, I suspect?

Anonymous said...

This has the potential to backfire huge on the widow. Rule #1 - don't ask questions you don't know the answer to.

Sux for Mcdaniel too. This just doesn't seem to ever go away.

Anonymous said...

12:28 is exactly right.

Anonymous said...

Rest in peace Mark. People who knew you remember you with love and respect.

Anonymous said...

There's always some guy who thinks he's smart enough to color outside the lines just a little, in a limited hangout sort of way.

Wats that saying?

Play stupid games win stupid prizes.

Anonymous said...

McDaniel is no more involved/connected or related to this bullshit than Mother Theresa was. Actually SHE was more connected since it was a Catholic facility. You Tea Party haters need to find another tree up which to bark.

Anonymous said...

8:46, you interested in buying a bridge? Or maybe some oceanfront property in Utah? If you believe that McDaniel wasn't connected to this fiasco you are a prime candidate for either.

Anonymous said...

9:37 - Actually you have no more evidence of a connection than you have rights to property in Utah, probably even less. Put up or shut up.

Anonymous said...

I would be glad to send you the legal description on the land in Utah (although there is no ocean frontong it) but I can't get the code for your tin-foil hat. (Maybe you need to adjust the rooftop antenna on your bunker.) But I'm notsure I want to enter that arrangement anyway - your being in the tank so deep you would probably stiff me lIke Christy stifed his attorney Tyner.

Anonymous said...

So....that's your evidence? You'd be a hoot on the stand.

Anonymous said...

Cochran and his cronies have so much to answer to God about one day for this. Rest in peace Mark Mayfield. Your FBCJ family remembers you with love and respect. God bless his family too.

Anonymous said...


Cochran does not have to answer to anyone except the "Big Dogs on the Poarch"---Trent Lott, Billy Mounger, Jimmy Barksdale and a few more that I choose not to mention.

We will always be last in everything except for welfare and all that goes along with it. I really believe the group wants us to stay last to keep control. By the way, I'm a life long Republican.

Anonymous said...

@10:05, McDaniel didn't pay his attorney? His campaign disclosures show more than $150,000 paid to Tyner.

Anonymous said...

11:07, we all have to answer to God.
Cochran had nothing to do with this horrific tragedy.
Mark Mayfield was a fine man who got caught up in McDaniel's evil.

Anonymous said...

Can't stand McDaniel, but Tyner's a good guy. Hope he got paid.
Now McDaniel's going after Wicker's seat??!!! Give it a rest. Wicker is conservative enough while being reasonable. I pray that McDaniel NEVER makes it to higher office. He would cause nothing but harm and deadlock.

Anonymous said...

3:47 feels that 'Wicker is conservative enough'. I stopped reading right there. Wicker is about equally as conservative as John McCain.

Oh, wait...you mentioned 'deadlock'. You mean like the 'deadlock' we are now in over people like Wicker, Cochran, McCain, Graham and forty other RINOs have us in over the lies they told to get re-elected. "My first effort, upon re-election, will be to support the overturn of Obamacare...........".

Anonymous said...

Ohhhhhhhhhhh, 9:02, you didn't stop reading right there, if you go on to mention the last word in 3:47's post. People like you have DESTROYED the Republican Party.

Anonymous said...

https://www.law.cornell.edu/uscode/text/18/241

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