Tuesday, December 29, 2009

Irby files answer in wrongful death lawsuit

Stuart M. Irby filed an answer to the wrongful death lawsuit filed against him by the families of Dr.'s Daniel Mark Pogue and Lisa Dedousis in Hinds County Circuit Court last week. The answer states Mr. Irby "would affirmatively show that he sustained a severe traumatic brain injury, and a result of the trauma to his brain has no recall of the events of February 11, 2009."

The defendant claims in his answer he either does not know anything nor does he recall anything from that night. Mr. Irby is represented by attorneys David Cobb and Tommy Page. Copy of answer The Plaintiffs have also subpoenaed Stuart Irby, Karen Irby, and several Country Club of Jackson employees for video depositions in mid-January. It should also be noted that the file for the criminal case is now kept in the Circuit Clerk's office as Judge Green has sealed the names of the witnesses subpoenaed to testify. However, the file is still available for public viewing.

For a collection of all posts on Irby case, please see sidebar on lower right-side of the page.

48 comments:

Anonymous said...

So Stuart and Karen will be subpoenaed in January? Can he use the same doctor's note in the criminal case to avoid testimony? MY guess is the Irby's depositions will be delayed pending the outcome of the criminal trial...

Wonder what's on the bar tab receipts from the county club... Not to mention what the testimony of the employees will reveal...

Is there anything else MAC can do to help?

Anonymous said...

What a spoiled rich brat!!! Daddy's money has ruined many lives.....Stuart face the music and quit dogging!!!

Anonymous said...

Is there anything else MAC can do to help?

Not sure the Irbys need any more help from Sheriff Campaign Contribution than they already received from him on the night of the accident prior to the wreck itself. But rest assured that if there is something the Sheriff can do to help, he will. Campaigns cost big bucks and he's wanting to tap into the Irby bank until he rides off into the political sunset.

Anonymous said...

What is your problem? Stuart says he doesn't remember anything. that is what he is supposed to say. And maybe he does not remember. Who knows? Karen was the one driving. Let's just worry about her case.

Anonymous said...

Amazing how much Stuart remembered days after exiting his coma about various affairs at Belhaven, er, University. I'd bet he remembers Mrs. Ware too!

Anonymous said...

These two people have not only taken out two wonderful people that wanted to spent their lives serving the people, but have cause many that knew them to have troubles related to this. How can Karen be out in the public when she is suppose to be on house arrest???? She was Christmas shopping, taking her child to parties (birthday and Christmas) and acting like you and I. It is not fair and I think they will postpone this until she is finally released and never pays any time!

Anonymous said...

Are you serious? Does this woman have no conscience? Out shopping!
I don't see how she can look in the mirror every morning and live with herself!!!

Anonymous said...

Yes, it is a shame.

stilettoGOP said...

It is pretty tough imagining people carrying on with normal activities when you know everyday is a painful struggle for victim's families. Robbie Bell put up Christmas lights for example. Just throwing that out there.

Anonymous said...

RE: Robbie Bell and Christmas lights.

Where's a good little redneck boy with a BB gun when you need one?

Anonymous said...

Robbie actually still lives at the same house where Heather was murdered?

Anonymous said...

Karma ~ what goes around, comes around!
Karen and Robbie, just know that you will reap what you have self-sowed! You will not know when and for how long, but I feel certain the 'Laws of Nature' shall take care of you --- exponentially!!!!

Anonymous said...

I'm not surprised by the lack of guilt or remorse of Karen and Robbie. I am far more disturbed by the continued support they receive in the community. There seems to be no understanding that this only reinforces their sense of entitlement to behave outside of society's laws. Nor is there any self-preservation as it seems their supporters don't understand that they are at risk should they ever thwart what Robbie or Karen find important to them or when they are no longer useful.
I can only imagine that the supporters can't accept that their judgment of people was so OFF so as to have befriended such immoral people. Consider yourself warned and remember the next bad thing will be something you helped along just as Robbie helped her son down his path by helping him avoid consequences.

stilettoGOP said...

Not sure about the house arrest dynamics or the status of her driver's license, (or how she could even still have a DL for that matter) but, as far as Karen Irby doing things such as dropping off/picking up at parties, etc, I guess I'm giving her the benefit of the doubt that MAYBE it was all kid related?, and when you have small kid(s) at Christmas, the show must go on. But you'd still think some of that could be hired out, so, who knows.

I just know I found Christmas lights adorned on the house of a fairly recent murder to be pretty tasteless. That'd be like if K Irby was driving around in a car with one of those wreath things on the grill of it. No difference really.

Anonymous said...

Stilletto, love ya , but Karen's " restrictions" are a joke and indicted mommas can carpool to parties even when they don't have someone on the payroll who drives Mr. Daisy and is available to drive Mrs. Daisy.

If she has another " black out" someone needs to sue the heck out of the monitoring company...individually and collectively!

House arrest is about as much of an inconvenience as a gnat in this case..."oh, whaaah, I gotta make a phone call first!"

I just hope someone is watching Watercolors over New Year's.

Anonymous said...

I believe when it comes to wrecks/collisions of this magnitude, it is not unusual for a certain amount of memory loss to occur. Now in saying all this Stuart may remember the events of that night leading up to the collision, or he may not but, more than likely, he remembers nothing of the wreck itself. It's all up to Stuart Irby himself, and we all see that he does not want to speak freely. I am wondering what's in the police/liability report as JPD should have questioned him at some point. What does it state? In the case of the 19yr old hit & killed by a Brandon cop who was on a supposed burglary call, the investigating officers went to the hospital the same morning of the wreck to speak to the severely injured female passenger. Thankfully her parents were there & were witness to this "conversation".

Anonymous said...

I was in a car that flipped upside down, 9 years ago. I have about a 12 hour gap in my memory that I still cannot access. I was able to tell the EMTs to take me to a particular hospital, then I spoke with hospital staff well enough to tell them my name and where to look for my insurance information. When I "woke up" about 8 hours later I did not know I was in a hospital, remembered no conversations with staff at all, and had no memory of the accident or the few hours time before the accident. It's just not in my memory bank. In my memory bank I was leaving the parking lot of a grocer one minute and the next I woke up in a hospital being told I had flipped my car. I have never had a memory gap before or after so I must attribute it to the head injury I received, which was not considered serious enough to keep me in hospital. I went home shortly after I "woke up". Concussion, they said.
Having said all that, I am in no way a supporter of the Irbys. Don't know them, wouldn't want to. They are still responsible for the deaths of two people, whether he remembers it or not. Just like I would have been had I killed someone when I flipped my car the night of which I have no memory. Had my accident killed another person, I would have been to blame, and there is no other way I can see it.

Anonymous said...

When you get in a car and drive after getting sloshed there simply is no excuse for nothing. None. Zippo. Nada. Zilch.

Somebody at the Country Club: staff, management or their friends should have said NO, NO, NO.

Anonymous said...

11:08, do I assume correctly that you would have no trouble testifying under oath that you don't remember? Am I correct that you would find no need to pay attorneys to prevent an interview with you by a DA or police?
One is led to suspect that it isn't what he doesn't remember that is the problem, but rather what he does remember.

JDBerry said...

As someone who has much problem with memory, it's not quite that simple for me. Differentiating what is memory and what is memory of what you were told is virtually impossible in some instances.

I would be hard-pressed to say, especially under oath, that I do or do not remember certain things in my past because most of it appears as something someone told me and not really an original memory.

Anonymous said...

The power of suggestion is a really strange thing, and all too real. Trial attorneys use it all the time,everyone does and we may not even be aware of doing so. In any case that does not prevent Mr. Irby from taking an oath in the criminal case wherein he would simply say, " I do not have any independent recollection". My guess is that he remembers pretty well what was going on in his vehicle just prior to the homicide.

Anonymous said...

... and all homicides are not murder/manslaughter, etc., but all murders and like crimes are homicides.

Anonymous said...

12:07,

Yes, you assume correctly that I would have no problem getting on a stand to say "I cannot remember" and I would not try every way I could to not testify to the fact that I had no memory of my own accident. But I guess I am not cut from the same cloth that the Irbys are cut from. I actually have a conscience.

Anonymous said...

these sorry losers make my skin crawl!!

Anonymous said...

I've just discovered your site...I am wondering if the Irbys are from the Gulf Coast. Irby Steel??

Anonymous said...

JD, if Stuart's memory problems ARE like yours, he could say just what you said, " I don't know if I really remember that or if someone has suggested that memory to me".

This memory stuff is all smoke to cover the obvious...that his lawyers or Karen's or both fear that Stuart will say something to hurt their case.

Kingfish said...

Their case? or his? You do realize that the D.A. can prosecute him if any new info came out that made him liable for the wreck, right?

Anonymous said...

His case does exist. Even if the events are as we have been made aware, other charges are available persuant to MCA, as amended. This is just a theory as I am not aware of anything factually, other than what I have read in the press and various blogs. This seems to be the the only place that discusses the case(s) "outside the box".

Kingfish said...

Yup. we are just speculating here.

Kingfish said...

I see Jimmie Gates displays his usual work ethic and reported on the story today.

Article

Anonymous said...

It is true that Karen Irby is going to fundraiser parties? I heard she was at the Animal Rescue League Grand Opening. This is such a disgrace. How dare her go to a party.

Anonymous said...

I have read all the comments on the Irby's. They actually make my skin crawl(Just like someone else said). Where are the police?? What allows them to do things on house arrest that the rest of the people wouldn't even get away with??? I don't know who has the biggest B----L's, the Irby's (Who killed two vibrant and caring people), or the police who are letting them get away doing things that criminals on house arrest cannot do?) Is it because they are The IRBY's. What a joke. The police in Jackson are making a mockery of the law. Can no one else see this? House arrest means they are driven to Dr's etc., not to fund raisers, or being mom's taxi. House arrest is that they cannot go any further than (So many feet from the house).Well, maybe other people that are on house arrest should go to the Irby house and do their time on house arrest. Look what the Irby's can do. You could do this too!!! Maybe its me, I just don't understand. Could I get away with what the Irby's are getting away with if I had money and prestige??? As far as Stuart's memory, bull !!!!!, he remembers what he wants to remember and what people have told him. Temporary memory loss, OK, but long term BULL! You both disgust me. I wonder what your children think of this whole situation. Your poor children. All that you are putting them through all because of you both wanting to PARTY. I would say "You should be ashamed of yourselves, but apparently with everything else you both have been doing, it wouldn't bother you.

Anonymous said...

Does anyone know when the trial starts? That's if there is going to be one. I read on another blob that it has been almost 1 year since the accident. Are the Irby's ever going to pay for the crime or are they just going to show their children that even if you screw up, don't worry it all goes away without due process because we are a prominent family and we have a different rules then the working class.
Don't you think the families of the doctors have waited long enough for justice. Doesn't anyone think of the families when they write about Karen getting her nails done, going shopping and going to events? And how about Stuart, going to parties, book signings and traveling while the families stay at home and mourn. Now that's Justice. I agree with one of the blogs, I think all on house arrest should go to the Irby's house. I'm sure there is no better place to be on house arrest as to be where ever you want to be and go where ever you want to go as long as we call it in, just like calling mom to check in. How sweet.

Kingfish said...

I don't get that bent out of shape about the house arrest thing like some do as I don't think she should've been under house arrest in the first place.

What is the purpose of bail? To make sure you show up for court and are not a danger to society. I don't consider her to be a danger to society and if she was going to bolt, it would've been in the three months before indictment when she could've easily fled.

I would've set her bail at a quarter to half a mill and not done the house arrest at all. She had no prior history and was not a repeat offender. I know many will disagree with my position but this is how I roll.

Anonymous said...

"She had no prior history and was not a repeat offender" - Um, wasn't she arrested for a DUI and reckless driving before?

"danger to society" - the answer defense filed clearly stated she is prone to black outs. Many, including my husband and I have seen her driving.

It is pretty clear that she does not have to endure drug and alcohol testing. One would think that would be a requirement under house arrest. Especially for an ALCOHOL RELEATED murder charge.

Does she get to fly to Alabama and Florida on their plane?

Anonymous said...

Why did the Irby's hire 2 private investigators after the fatal crash?

Kingfish said...

She never took the test ten years ago and was convicted of DUI refusal in justice court. It was dismissed in County Court. The arresting officer had a pretty bad rep and if I'm not mistaken, was fired some time later.

I still wouldn't call an incident twelve years ago habitual or repeat, especially when there is no test to prove it.

Now if she is prone to blackouts, then the question is should her license be taken away. Shouldn't be used as a justification for house arrest. As for traveling out of town, she would have to get permission from the court or whoever monitors her bond.

As for hiring two PI's, that is standard operating procedure and not as nefarious as it sounds. You want to find out what the other side knows, what all happened, who were the witnesses, etc. Not that big a deal per se.

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

Kingfish? Are you and Karen getting tight. You sure have changed your tune since the beginning of this tragedy.... What about all the assault charges against Karen Irby?? So you are dismissing the fact that Karen was arrested and convicted of a DUI in Rankin County? Is this another OJ here. Come Kingfish...I thought you had standards.

Anonymous said...

Aren't you the great investigative reporter/blogger who went to the court house and looked up her records and exposed her for what she really is. What about the assault charges her husband had against her? Are you trying to dismiss all of this because you have a soft spot for this poor victim of misunderstandings???

Kingfish said...

You are simply pathetic. I take the position that an accused has the right to a reasonable amount of bail unless she is a threat to the public and or is a flight risk and I must be getting chummy with the defendant?

You don't even get your facts right. She was never convicted of a dui, it was a dui refusal in justice court. Standard procedure for defendants is to plead not guily in justice court, not fight it, get convicted, then fight it in county court. She wasn't convicted. Yes, she might have been drunk but I'm looking at this from the point of view of a judge who is bound to look at the RECORD in front of him and what does a judge see? No prior convictions. Apparently you're reading comprehension must be lacking in this particular instance.

Stuart has never filed any assault charges against her.

Anonymous said...

This was copied from your earlier post.

aren Irby's indictment for depraved heart murder and aggravated assault was not her first brush with the law. Court records show she was arrested for DUI-1st offense and Reckless Driving over ten years ago in Rankin County.

Reservoir Patrol Officer Wes Flynt stopped Mrs. Irby (then Ms. Collins) in her BMW on Spillway Road at 2:20 AM on December 28, 1997. Flynt wrote on the ticket for reckless driving she was driving 70 mph in a 45 mph zone and that she "stated (she was) in a hurry".

Mrs. Irby was convicted of all charges in Rankin County Justice Court on Febuary 23, 1998. Judge Ken Warren fined her $500 and a special assessment of $202 for the DUI conviction, as well as a $100 fine and a special assessment of $51 for the reckless driving charge.

Mrs. Irby immediately appealed her conviction to the Rankin County Court. Judge Kent McDaniel granted the prosecution's motion of Nolle Prosequi on June 24, 1998, thus dismissing the case. Mrs. Irby was represented by attorney Dan Duggan.

One must wonder why the prosecution dropped the case when it had already obtained a conviction in a lower court. There is a possible explanation, one that is not too flattering to say the least. Ms. Collins was dating someone at the time who just happened to be the bachelor son of a former Rankin County Sheriff. Given Rankin County's reputation for shenanigans in the courtroom (See the Berry v. Aetna post), it would not surprise anyone if such connections played a part in the prosecutor's decision to drop the case. Regardless of why the prosecution requested the dismissal, the fact remains Mrs. Irby was convicted in a court of law for a DUI and speeding more than 20 miles over the speed limit, even though it was struck down by a higher court that never addressed the merits of the case.

It should also be noted Mrs. Irby was also found guilty on June 17, 1998 of the charge of Disorderly Conduct. Judge McDaniel fined her $1000 but suspended payment of $500 provided she did not get arrested again for one year.

Could you explain???

Kingfish said...

Sure.

The key sentence in what I wrote in comment above is "I'm looking at this from the point of view of a judge who is bound to look at the RECORD in front of him and what does a judge see?" and I've been addressing the issue of her bail as a judge would. Her prior history would probably not appear in front of the judge. Well, the disorderly conduct would and that would be it. 12 year old conviction for a misdemeanor is hardly a reason to deny bail or order house arrest.

I've given my philosophy on bail. I said I would've set it high, such as a quarter to half a million dollars. I just have the issue with the house arrest and always have.

As for that second paragraph you wrote I cited, I still stand by it. I'm just saying what Judge Green and any other judge deciding bail in this case would've seen, which is a record that had only one misdemeanor twelve years ago, no documented history of substance abuse, and the case at issue, which was driving 114 mph with a BAC of .09.

Anonymous said...

The statements stand on their own and yes this shows past history of substance abuse. I guess all of her past will come out at the trial. Lets hope so.

As for her being a danger to society, wouldn't her past record of assault charges show that she is dangerous? I believe you said there are 2 from Stuart and then a hand full more prior to this in Hinds. You didn't site the assault charges filed against her in Madison or Rankin. This does show a violent, irrational and dangerous past history.

Can you explain?

Also why I'm pathetic when I only sited your own words?

Anonymous said...

Just curious, have you visited with Karen or talked with her directly since all this happened?

Kingfish said...

Accusing me of a soft spot? I thought it was pathetic. I've simply explained why I thought house arrest was not warranted and what my philosophy is regarding bail. My stance on crime on this website is pretty clear so I don't appreciate being accused of going easy on her just because she is a girl. I actually knew Linda Harmon. Think I want the law to go easy on her? Nope. Linda deserves a few years in jail as far as I'm concerned if she gets convicted. As for have I visited with Karen? Um no dummy. I think if I stepped on that property I would be shot on sight and no, I haven't talked to her. I can assure you I am not a favorite person of either Irby and if Karen gets convicted, then she should pay the price.

Anonymous said...

It has always seemed to me that Mr. Irby bears some resposibility in the civil case most certainly and probably in the criminal arena also. Based on public facts and /or speculation, the liabilty thread may extend to quite a few others. As far as Kingfish having a soft spot, I am not so sure it's that as much as the guy is allowing for legal musings as more info becomes available. On the bail issue, I agree with him for the most part, although I do wonder if Mrs. Irby should be driving at all if the "blackouts" have occured in the past; although that is a different issue entirely.

Anonymous said...

It has always seemed to me that Mr. Irby bears some resposibility in the civil case most certainly and probably in the criminal arena also.

No shit? Would the then drunken Stuart's calling Sheriff Campaign Contribution -- at the time also serving as JPD Chief -- after he got pulled over by JPD on Old Canton and asking for a Mulligan qualify?

Based on public facts and /or speculation, the liabilty thread may extend to quite a few others.

Sheriff Campaign Contribution, JPD, the City of Jackson only to name a few.

... I do wonder if Mrs. Irby should be driving at all if the "blackouts" have occured in the past

The idea of blackouts is unmitigated bullshit. If it was real then do you believe for one minute that these heavy hitters would not have already filed suit against the physicians who found her so screwed up as to have these tragic blackouts but not screwed up enough to drive?

If you are looking for an example of adject GOB corruption in Jackson and Hinds County then stick around ... because you've found it in spades.



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