Quote:
from the Fox News article
One of the most powerful witnesses was David Harris' daughter, Lindsey, who has filed a wrongful death lawsuit against her stepmother. She said that moments before the attack, Clara Harris said she could kill her husband and get away with it.
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First, I want to point out the significantly damaging statement attributed to the dead guy's daughter. "Clara Harris said she could kill her husband and get away with it." This, if accurate, pretty much puts the "crime of passion" defense into the dumper.
The other thing I find myself immediately wondering is this ...
Outside of the obvious satisfaction of winning a wrongful death lawsuit, what is the use of filing one against someone from whom you will not likely be able to collect a judgment? If Clara Harris goes to jail, she will not be working as a dentist or whatever to generate any income that you can recover as part of the suit. Also it is more than likely that any current assets are going to the defense team. The estate is probably being drained dry (or will be by the time the appeals process is completed). Also, in some states you are not permitted to profit from a death that you have caused ... so any inheritance, insurance benefits, etc. would not be paid to the beneficiary if convicted. I don't know what Texas law is with respect to this matter, and frankly it's such a minor point of law that I think it would be a terrible pain in the ass to find out, unless Court TV has already done the legal research for me.
