Legal steps to continue in wrongful death of foster child

HEATHER CHAPIN-FOWLER

Commissioners have narrowed its options and will likely ask the court to either throw out the verdict and issue its own ruling or approve a new trial, according to Assistant Prosecutor Daivia Kasper.

County officials feel the jury made a wise decision in ruling the 11-year-old girl's death was wrongful, but they feel the jury targeted the wrong party, she said.

Connre died in October 2004 when she was stabbed by her foster father, Paul Efaw. He was found guilty in 2005 of voluntary manslaughter and is serving a three-year prison sentence.

"I don't think it's a lot of money if you think about a little girl. If this was amount against Paul Efaw, I could understand that. Paul Efaw killed this little girl," Kasper said.

The jury ruled the county commissioners and the Department of Job and Family Services should pay $600,000 for its role in placing Connre in Efaw's home.

"I don't know that our culpability was this amount. I can understand the jury is very upset and angry and passionate that this little girl lost her life. It could very well be that $600,000 should be paid by someone, but I think that should be paid by Paul Efaw," Kasper said.

Efaw was initially a defendant in the civil case, but was dismissed on March 20, the morning the four-day trial began.

"It seems to me that it was done intentionally to leave the department (HCJFS) to weather the jury's wrath," said Kasper of the estate dismissing Efaw.

The commissioners met in a closed door session for nearly an hour yesterday morning with Huron County Prosecutor Russ Leffler and Kasper.

Jim Martin, a Willard attorney who was appointed by the county probate court to handle Connre's estate, expected the county to fight the verdict, he said.

"I'm sure they were quite displeased with the verdict and they'll probably take every single legal step they can think of to get it reversed," Martin said. "But, I think they stand a risk of even a higher verdict if we go to trial again. It's the old adage, ÔBe careful what you wish for."'

Martin will likely collect between 30 and 40 percent of the award after all appeals are exhausted in the case, he said.

As the case is pending, the interest on Martin's bill could run as high as $48,000 per year at 8 percent interest, an amount set by law, he said.

"I'm in no hurry, I don't care," Martin said.

Meanwhile, county officials aren't clear as to how the award would be paid out if the verdict is upheld.

Leffler and Safety and Loss Prevention Specialist Tom Ashelman said eventually the amount would be taken out of the county's general fund.

Kasper and Adelman said the entire claim and attorney fees are covered by the county's insurance company called County Risk Sharing Authority which represents between 65 and 66 counties throughout the state.