Dau Mabil's widow and brother are squaring off in Hinds County Chancery Court over who should set the terms for an independent autopsy.
Dau Mabil disappeared on March 25 when he went for a walk on the Museum Trail. His disappearance was the subject of an exhaustive search by the police and volunteers. He was an employee at Sal & Mookies. His body was discovered in the Pearl River in Lawrence County on April 13. The body was turned over to the Capitol Police later that day and is being held at the Mississippi State Crime Lab. Bul Mabil, Dau's brother, filed a petition for an emergency temporary restraining order Wednesday in Hinds County Chancery Court against Dau's wife, Karrisa Bowley, the Mississippi State Crime Lab, Capitol Police, and several John Does on April 17. Chancellor Dewayne Thomas held a brief hearing on the petition on the morning of April 18. Attorneys Lisa Ross and Carlos Tanner represented Bul Mabil. None of the defendants, including Dau's wife, appeared in court.Ms. Ross said Bul feared his brother's remains would be released without an autopsy. "This is an emergency matter. If the body is released, it could be mishandled," said the lawyer . Ross asked the Chancellor to order the state to conduct an autopsy. No objections were submitted to the Court. Judge Thomas ordered the state to conduct an autopsy on the body but said Bul Mabil could conduct an independent autopsy although he would have to pay for it. The Chancellor justified his ruling:
If the human remains found are released without autopsy, any potential evidence will be compromised. Similarly, there is indication that the human remains will be cremated upon release. The same will render any forensic investigation impossible. Absent court interference, Plaintiff will be unable to determine the cause of his brother's death. This Court finds that Plaintiffs injuries will be irreparable.
Mabil's wife, Karissa Bowley, filed a motion to modify the injunction later that day after she saw media coverage of the hearing. Bowley stated in her motion:
Karissa was served a copy of the Complaint at 5:00 p.m.yesterday at her and Dau’s home. She never received notice of this morning’s 9:00 a.m. hearing. She would have attended had she known. She would have testified that she embraces the Court’s granted relief to the extent described below; she would have granted the Plaintiff’s request had he asked.
See Miss. Code. Ann. § 41-37-25 (“No [independent] autopsy shall be held over the objection of the surviving spouse, or if there be no surviving spouse, of any surviving parent, or if there be neither a surviving spouse nor parent, then of any surviving child.”)..... Additionally, the state’s autopsy report will go to one adult member of Dau’s family, see Miss. Code. Ann. § 41-61-65, the Capitol Police have advised Karissa that, as Dau’s next of kin, the report shall go to her.
"Plaintiff’s attorney has widely published statements about Karissa that sound in tort, but Rule 11 of the Mississippi Rules of Civil Procedure upholds public trust in legal proceedings by providing for sanctions against attorneys who mislead judges."Therefore, the unnecessary Order was issued in reliance on misinformation, it" "was contrary to Mississippi law requiring the surviving spouse authorize any third-party autopsy," "and it was issued on knowingly false information if Plaintiff’s counsel represented to the Court" "that Karissa or any state defendant received notice of the hearing, as we understand to be the case."
Mabil's widow reminded the Court she alone has legal authority to permit an independent autopsy. She is willing to do so if the person conducting the autopsy meets her condition.
After taking her swing at bat, Bul Mabil and his attorney took their turn at the plate. Mabil filed a response to her motion to clarify this morning as well. Bul Mabil claimed there is a reason Bowley did not receive notice of the hearing:
3. Bul Garang Mabil filed the matter pro se on April 17, 2024. Doc. #: 2 & 3. Prior to hiring undersigned counsel, a process server agreed to serve the Complaint. Bul Garang Mabil, however, was not aware that the clerk was required to issue a Summons for each defendant and/or that he should have filed a Notice of Hearing.4. Bul Garang Mabil retained counsel on the evening of April 17, 2024 and informed undersigned counsel a hearing was scheduled for 9 a.m. on April 18, 2024. During undersigned counsel’s meeting with Bul Garang Mabil, he provided undersigned counsel with copies of his Complaint for Emergency Temporary Restraining Order and Preliminary Injunction and Supplement to Complaint for Emergency Temporary Restraining Order and Preliminary Injunction. See, Doc. #: 2 and 3. When undersigned counsel asked if the Complaint had been served, Bul Marang Mabil answered in the affirmative....Because undersigned counsel did not file the instant Complaint, undersigned counsel did not know that the clerk had not issued the Summons with the Complaint and/or that the Complaint was served without a Summons or a Notice of Hearing.
Bul pointed out Bowley did not try to dismiss the petition but instead said she would have appeared at the hearing if she had been properly noticed. He also took issue with his sister-in-law's claim that she has sole control of Dau's remains:
"The right of a surviving spouse to the custody of the dead body for purposes of burial is not an absolute right, but one which, while normally observed, is nonetheless subject to judicial control.” Spanich v. Reichelder, 90 Ohio App. 3d 148, 152
Dau's brother accused the Capitol Police of refusing to tell him whether it would conduct an autopsy Dau although it asked him for a DNA sample, which he provided.
Bul asked the Court to allow him to order an autopsy now instead of waiting until after the investigation is completed. He also requests the Court ignore Bowley's conditions for an independent autopsy:
Consequently, this Court should deny Karissa Bowley’s request to require the pathologist to be “designated by the State Medical Examiner of the Department of Public Safety as a pathologist qualified to perform postmortem examinations and autopsies in Mississippi.”
He called the condition "pointless."
The response concludes by arguing since Bowley did not object to the petition, her motion should be dismissed.
The Mississippi State Medical Examiner is conducting an autopsy of Dau's body.
The court file is posted below although it lacks the exhibits.
22 comments:
There is absolutely no way the brother drafted that complaint himself. That is obviously a ghost-written pleading.
Plus, this court is on MEC, so Lisa Ross has no excuse for not reviewing the court file prior to showing up and telling the judge the wife was served.
Don't forget, according to Attorney Ross, these circumstances bear striking resemblance to the murder of Emmit Till.
She may very well owe the Till family and all Mississippians an apology after the
investigation of this matter is concluded.
Hopefully such an apology will receive the same media coverage as her original
statement did.
“Judge Thomas asked Ms. Ross if the defendants were properly noticed. The attorney replied in the affirmative.”
“Bol Mabil claimed there is a reason Bowley did not receive notice of the hearing.”
Bol Mabil says Bowley did not receive notice of the hearing. His attorney, Mrs. Ross, said that the defendants, including Ms. Bowley, were properly notified.
Someone is not telling the truth.
Life insurance policy?
Bul, of course, has the mayor whispering in his ear for his own nefarious purposes, namely discrediting the Capitol Police and introducing a racial element into this tragedy. Just what's needed.
It would be interesting to understand the stipulations around the independent autopsy. Wife has given her terms for an independent autopsy. I wonder what brother wanted (because he states wife's stipulations are pointless). Call me stupid, but independent autopsy would seem to mean done at one of the hospitals. That's independent of the crime lab.
Who has seen the alleged video?
Why fight or have conditions over an Autopsy if you have nothing to hide. There’s a cat on the line in this situation!
12:56, I hadn't thought of that. Pretty good observation.
The deceased's brother and his lawyer seem more and more suspicious with every development in this case.
Any attorney entering a case after it has been filed pro se but prior to a hearing before a judge would first check the file just to cover his/her own ass. One of the first things checked would be proper service of notice. That is, unless the attorney was so preoccupied with something so lucrative or "interesting" they overlooked or ignored this essential element. What could that be?
It's Lisa Ross and Carlos Tanner...is anyone really shocked by such behavior?
April 22, 2024 at 2:00 PM, ditto.
Did I miss something? How was his brother notified of his death before the wife? In enough time to file with the court before she even knew his body had been found?
I am wondering who the process server and where is the proof of service
So, Attorney Lisa Ross had to file something to cover up for her lying to the court earlier; not surprising as this is certainly not her first rodeo with this issue. But lets move on.
Seems like it was brother that 'asked' for an independent autopsy, not widow. But in his response, he (through Ms Ross Esq) tries to point the finger the other way.
My question is - what are they fighting about. The state is going to conduct an autopsy. If either side - widow or brother - ain't happy with the results, I'm sure they will then come to court and try to get another autopsy. The lawyers have to make their money somehow, don't you see.
Don't have a dog in this hunt; have heard the theories about video at the river, etc - and don't care. But at this time its a simple matter, and the lawyers don't need to be using up the court's time listening to this - Chancellor Thomas does need to get to Char for his lunch after all.
Once the autopsy is complete, then bring in the lawyers and let them parade, and each side can get an independent autopsy because nobody wants to accept what the state's independent examiner has to say. In the meantime, drop it.
What 'video at the river', 9:58?
And how, and by what stretch of the imagination, is this situation similar in any respect to the demise of Emmitt Till?
4/22/at 12:08 PM I absolutely agree 100% and because she had no notice of the hearing, which they admitted in the fling, the Chancellor is going to vacate his order and start over. The Mayor along with the brother and the lawyers are simply looking to stir up black conspiracy theories about Capital Police (referring to E Till) to bolster their clout as freedom fighters for the blacks in Jackson when instead they are all their enslavers and simply take advantage of the population they have kept ignorant. Once day the black population in Jackson will figure it out but until then they will continue to shit in their own nest.
I agree with the brother and attorney. I would not trust the results from the state. This is Mississippi!
I think you could have 100 autopsies and these civil rights charlatans would still be claiming he was murdered by a bunch of white racists.
From what I have read this young man went for a walk or run in the Jackson Ms area. A week or weeks later he was found 62 miles south in or near the Pearl river close to Monticello Ms.
Now I am a gambler! My bet, well let’s ponder for a minute! If this was your loved one, go figure!
Let’s just do all we can to figure this out even if it takes more than one autopsy.
To the Mayor and the Leaders of Jackson glad you are interested in this young man’s death to have a press conference with the family and interested parties. Now what about the hundreds before him and the ones to come! Let’s get the priorities straight! All lives matter, RIGHT!
Looking at the comments about the Mayor being in someone's ear. Y'all really need help, man.
Post a Comment