CONVICTION OVERTURNED IN - Helen Sailor Murdered in Elkhart, 11/29/2002 *Guilty*

@Niner
Friday, April 21, 2023
127 order Opinion and Order Fri 04/21 4:33 PM
OPINION AND ORDER: The Court GRANTS the88 motion for judgment on the pleadings and DISMISSES all claims against Elkhart County. Because no claims remain against Elkhart County, it is DISMISSED from this action. All other claims remain. Signed by Chief Judge Jon E DeGuilio on 4/21/23. (nal)
 
@Niner These may be of interest at some point in time. That free trial offer is begging me to sign up but I'm trying to save it for closer to the trial. Exhibit 5 is also available but it was over WS five image allowance.

Monday, May 01, 2023
128 misc Status Report Mon 05/01 11:40 AM
STATUS REPORT by Andrew Royer.(Slosar, Elliot)
Att: 1 Exhibit 1, Inter to Ind. Defs.,
Att: 2 Exhibit 2, RFPs to Ind. Defs.,
Att: 3 Exhibit 3, 8/30/22 Dep. Notice,
Att: 4 Exhibit 4, 3/20/23 Dep. Notice,
Att: 5 Exhibit 5, Becker Corres
 
@Niner Some new motions of interest
Thursday, May 18, 2023
139misc Receipt Thu 05/18 2:06 PM
RECEIPT of Manual Filing of a flash drive - Exhibit 15 re: DE137 from Andrew Royer. To be stored in the South Bend Clerk's Office. (kmt)
Wednesday, May 17, 2023
138PDF order Order Wed 05/17 1:59 PM
ORDER: The Government's Motion to Reconsider111 is WITHDRAWN. Signed by Magistrate Judge Michael G Gotsch, Sr on 5/16/2023. (rmf)
137PDF notice Notice - Other Wed 05/17 12:07 PM
NOTICE by Andrew Royer re135 MOTION to Compel THE CITY OF ELKHART TO PRODUCE RETIRED CHIEF OF POLICE KRIS SEYMOUR FOR A DEPOSITION AND TO PRODUCE DOCUMENTS RESPONSIVE TO A SUBPOENA OF CONVENTIONAL FILING (EX. 15) (Slosar, Elliot)
136PDF motion Leave to File Document Wed 05/17 12:03 PM
MOTION for Leave to File Certain Exhibits Under Seal by Plaintiff Andrew Royer. (Slosar, Elliot)
135 motion Compel Wed 05/17 12:01 PM
MOTION to Compel THE CITY OF ELKHART TO PRODUCE RETIRED CHIEF OF POLICE KRIS SEYMOUR FOR A DEPOSITION AND TO PRODUCE DOCUMENTS RESPONSIVE TO A SUBPOENA by Plaintiff Andrew Royer.(Slosar, Elliot)
MY Note There were 1-16 exhibits included here
Att: 12 Exhibit 12, Cover Page for Sealed Rec. 1,
Att: 13 Exhibit 13, Cover Page for Sealed Rec. 2,
Att: 14 Exhibit 14, Cover Page for Sealed Rec. 3,
Monday, May 15, 2023
134PDF notice Notice - Other Mon 05/15 9:42 PM
NOTICE by United States of America re111 MOTION for Reconsideration re106 Order on Motion to Compel,, THE GOVERNMENT'S MOTION TO RECONSIDER THE COURT'S JANUARY 12, 2023 ORDER Notice to Withdraw Motion (Irvin - AUSA, Brian)
Friday, May 12, 2023
133order Order on Motion to Withdraw as Attorney Fri 05/12 8:44 AM
ORDER granting132 Motion to Withdraw as Attorney. Attorney Elise Bowling terminated. Approved by Magistrate Judge Michael G Gotsch, Sr on 5/12/23. (slm)
Thursday, May 11, 2023
132PDF motion Withdraw as Attorney Thu 05/11 2:37 PM
MOTION to Withdraw as Attorney Elise C. L. Bowling by Defendants Joel Bourdon, Paul Converse, Brett Coppins, Elkhart County, Michael Sigsbee, Peggy Snider. (Bowling, Elise)
131PDF notice Notice of Appearance Thu 05/11 10:05 AM
NOTICE of Appearance by Breanne Chambers on behalf of Vicki E Becker (Chambers, Breanne)
 
Pro hac vice is a legal term for adding an attorney to a case in a jurisdiction in which they are not licensed to practice in such a way that the attorney does not commit unauthorized practice of law.

Monday, July 10, 2023
166
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motion Attorney Application to Appear Pro Hac Vice Mon 07/10 6:34 PM
Application for Attorney James L. DeAno to Appear Pro Hac Vice on behalf of Dennis Chapman. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5294286(DeAno, James)

Monday, July 17, 2023
169
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ORDER REASSIGNING CASE. Case reassigned to Chief Judge Holly A Brady for all further proceedings. Judge Jon E DeGuilio no longer assigned to case. Signed by Chief Judge Holly A Brady on 7/17/23. (ksc)
 
@Niner Royer has pulled in a Chicago atty, appears to be top rated. I hope he has the power to right any wrongs done to Royer.

Thursday, August 10, 2023
171
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notice Notice of Appearance Thu 08/10 5:23 PM
NOTICE of Appearance by Michael Kanovitz on behalf of Andrew Royer (Kanovitz, Michael)
Wednesday, August 02, 2023
170
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order Scheduling Order Thu 08/03 9:23 AM
AMENDED SCHEDULING ORDER: The Court now AMENDS Section 4 of its Rule 16(b) Scheduling Order61 with respect to the dispositive motion deadline as follows. The deadline to file any dispositive motions is 7/15/2024, with any response due 28 days thereafter and any reply due 14 days after the filing of a response, consistent with N.D. Ind. L.R. 56-1(b)-(c). The remainder of the Court's original Rule 16(b) Scheduling Order61 REMAINS in full force and effect. To that end, the parties are REMINDED that the deadline for filing any discovery-related nondispositive motions is 4/30/2024, and the deadline for completion of all discovery is 5/31/2024. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/2/2023. (mrm)
 
@Niner. Finally an update

Friday, October 13, 2023
173
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motion Amend/Correct Fri 10/13 4:17 PM
Second MOTION to Amend/Correct Complaint to Add Monell Claim Against the Elkhart County Sheriff's Department by Plaintiff Andrew Royer.(Campbell, Margaret)
Att: 1 Exhibit 1 - Proposed Amended Complaint,
Att: 2 Exhibit 2 - Dennis Chapman Dep.,
Att: 3 Exhibit 3 - ECSO Subpoena Response

A Monell Claim is a claim for monetary recovery against a local municipality, where officials have acted unconstitutionally pursuant to local law, custom or policy.

About the attorney they pulled in back in August:
Michael Kanovitz is a partner at Loevy & Loevy where he concentrates in class actions, constitutional law, and whistleblower protection under the federal and state False Claims Acts.
 
Last edited:

Elkhart reaches $11.7 million settlement over wrongful conviction of man with mental disability​

Kristine Phillips
Indianapolis Star
[snips]
The amount is the largest known settlement reached for a wrongful conviction case in Indiana. It's also the latest instance in which the city of Elkhart agreed to pay a large amount to settle allegations of troubling police misconduct. So far, the city has agreed to pay $26.6 million to settle several cases involving wrongful conviction, said Elliot Slosar, a partner at Loevy & Loevy, a Chicago civil rights law firm that represents Royer and other former Elkhart defendants who have been exonerated.
...
Royer was released in 2020 after Kosciusko County Judge Joe Sutton, who was appointed as special judge, granted Royer's request for a new trial, finding that his confession was "unreliable" and "involuntary." The judge also found that investigators withheld exculpatory evidence, fabricated evidence and forced a witness to give false testimony.
...
In 2021, prosecutors decided not to try Royer again, and the case was dismissed.
 
The federal case; at this point they are still going after the county defendants.
Thursday, December 21, 2023
181
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motion Stipulation to Dismiss Thu 12/21 12:44 PM
STIPULATION to Dismiss City Defendants with Prejudice by Plaintiff Andrew Royer. (Slosar, Elliot)
 
Here is a series of tweets by one of his attys: Elliot Slosar
I shortened them up; too many images.

Elliot Slosar
@ElliotSlosar
16h
Andrew Royer deserves the world. If justice exists, Andy would be given back every second of every day that was stolen from him. Today, Elkhart recognized in 11 million different ways that Andy was wrongfully convicted. A of injustice follows:

I stumbled on Andy's case when reading a wrongful conviction series started by @bykristinep and carried on by
@Mabuckley88 & the @indystar
That series originated from the tragic wrongful conviction of Keith Cooper, another Elkhart client who was exonerated in 2017.…
After reading @Mabuckley88 article, I was determined to fix Andy's injustice. Over the next several years, our team of attorneys, law students, and an extraordinary investigator worked tirelessly to free Andy.

By 2017, Andy's co-defendant, Lana Canen, had already been exonerated for 6 years. Yet, Andy continued to languish in prison without any hope for justice. Any legitimate justice system would have granted Andy a new trial when his co-defendant was exonerated. But this is Elkhart.

After filing Andy's petition to vacate his wrongful conviction, the elected prosecutor sought an injunction to prevent me from speaking to the press. Her motive was clear: to prevent the egregious police and prosecutorial misconduct from being publicly known.…

Teresa Cataldo, the Elkhart Judge who heard the issue not only granted an injunction, but also found that assertions stating that Andy was wrongfully convicted & that his wrongful conviction was a result of systemic police & prosecutorial misconduct was DEFAMATORY.…

She did so without hearing any evidence about Andy's wrongful conviction and the systemic police and prosecutorial misconduct that exists in Elkhart. Come to find out, the judge was a former Elkhart prosecutor previously married to an Elkhart officer implicated in misconduct.

Meanwhile, the elected prosecutor did everything imaginable to prevent our team from further unraveling misconduct and trying to free Andy. She even resorted to filing frivolous bar complaints against me. Her efforts obviously failed.

After Judge Cataldo was disqualified, Andy finally received a fair chance at justice before a judge outside Elkhart County. There, we proved that Andy was wrongfully convicted.

Less than a year later, the Indiana Court of Appeals affirmed the grant of a new trial and found that the lead detective committed perjury at Andy's trial.

Shortly after, the City of Elkhart appropriately sought to terminate the detective, Carl Conway, for his role in framing Andy. He conveniently resigned on the eve of the hearing.

A few months later, Andy was officially exonerated. His exoneration was a result of incredible work by students, attorneys, and our investigator.

This lawsuit ensued. While Andy has received some measure of justice from the City of Elkhart for his tragic wrongful conviction, this lawsuit plows forward against others responsible for his 16 year wrongful conviction. They, too, must be held accountable for their role.

While today is a day for celebration, it's hard not to reflect on the difficult journey to free Andy and all the injustice he faced during those 16 years of incarceration.
 
I found this article from last year by Tim Spears, ABC57 NightTeam anchor and investigative reporter.

Elkhart Common Council split on whether to investigate officers involved in wrongful convictions
By: Tim Spears Facebook | Twitter
Posted: Jun 16, 2022 6:40 PM EST
[snips, much more at the link]
Former Elkhart police lieutenant, Carl Conway, was shown to have lied under oath and coerced a false confession in a 2003 murder case that sent Andrew Royer to prison.
...
Then there's Steve Rezutko, who ABC57 featured in its investigation into The Wolverines; a group of cops accused of targeting people in of color in Southcentral Elkhart. Rezutko wrongfully implicated Keith Cooper and Chris Parish in a 1996 armed robbery, which led to two multi-million dollar payouts.
...
Chief Seymore, Mayor Rod Roberson, and Elkhart County Prosecutor Vicki Becker have told ABC57 they don't believe past investigations involving these officers should be reviewed.
******************************
Then, I found this article posted by Tim Spears on his FB 4 days ago; he wrote it a couple of days before the one I posted above. He takes us back to the years of the Wolverines, a rogue group of cops within the Elkhart Police Dept.
Attorney Elliot Slosar thinks there could be as many as a dozen cases filed to overturn potential wrongful convictions.

Elkhart Police Saga: The Wolverines
By: Tim Spears Facebook | Twitter
Posted: Jun 14, 2022 1:10 AM EST
[snips, more at the link]
When Keith Cooper accepted a settlement from the City of Elkhart for his wrongful conviction in a 1996 armed robbery and attempted murder, it was the largest wrongful conviction settlement in Indiana history according to the University of Michigan Law School’s National Registry of Exonerations.
***
Cooper’s attorneys believe the actions of The Wolverines now coming to light, may soon make Elkhart, per capita, the exoneration capital of the U.S.
...
In an ongoing legal fight to overturn the murder conviction of Iris Seabolt, Slosar questioned former Elkhart Police Chief James J Ivory during a sworn deposition.
...
Cooper’s attorneys accused Rezutko of manipulating witnesses with suggestive lineups, withholding evidence which could have kept Cooper out of prison, and deliberately creating false evidence and witness statements.
...
The second suspect in the Cooper case, Chris Parish, saw his attempted murder and robbery conviction overturned because of DNA evidence and new testimony, leading to a $4.9 million payout.
...
So what is being done today for people in prison now, put there by members of The Wolverines or other officers connected to known wrongful convictions? Nothing.
...
There are two pending federal civil rights lawsuits from overturned convictions that could lead to more settlements. There are three pending post-conviction cases that could lead to more exonerations.
...
 
@Niner After a January lull, things picked up again this month. Here are the fillings:
Monday, February 26, 2024
190. MOTION to Take Deposition from William Jackson (Incarcerated Witness) by Plaintiff Andrew Royer.(Slosar, Elliot)
Att: 1 Supplement Proposed Order
utility Set/Reset Deadlines Mon 02/26 8:57 AM
Amended Pleading Deadline terminated per DE186 . (mrm)
Thursday, February 22, 2024
189. BRIEF in Support of188 MOTION to Quash Non-Party Subpoena and for Entry of Protective Order filed by David Francisco. (Carlisle, Alexander)
188. MOTION to Quash Non-Party Subpoena and for Entry of Protective Order by Interested Party David Francisco.(Carlisle, Alexander)
Att: 1 Exhibit 1 - Subpoena,
Att: 2 Exhibit 2 - Advisory Opinion,
Att: 3 Exhibit 3 - Public Admonition
187. NOTICE of Appearance by Alexander R Carlisle on behalf of David Francisco (Carlisle, Alexander)
186. AMENDED COMPLAINT against Vicki E Becker, Dennis Chapman, Elkhart County, filed by Andrew Royer.(Slosar, Elliot)
Monday, February 19, 2024
185. First REPORT of Mediation by Richard F McDevitt.(McDevitt, Richard)
Thursday, February 15, 2024
184. ORDER DENYING183 Unopposed Motion to Delete The City of Elkhart and Individual Elkhart Defendants Conway, Daggy, Converse, Snyder, Thayer, Sigsbee, Bourdon, and Coppins Under Federal Rule of Civil Procedure 15(a) by Plaintiff Andrew Royer. Plaintiff is again ORDERED to file an amended complaint, solely to reflect the dismissal of the City Defendants, on or before 2/28/2024. Signed by Chief Judge Holly A Brady on 2/15/2024. (mrm)
Wednesday, February 14, 2024
183. MOTION Unopposed Motion to Delete The City of Elkhart and Individual Elkhart Defendants Conway, Daggy, Converse, Snyder, Thayer, Sigsbee, Bourdon, and Coppins Under Federal Rule of Civil Procedure 15(a) by Plaintiff Andrew Royer.(Slosar, Elliot)
Att: 1 Supplement Proposed Order
Thursday, February 01, 2024
182. 2 pgs order Order ~Util - Set Deadlines Thu 02/01 10:24 AM
ORDER: The Court sua sponte GRANT the Plaintiff leave to amend his complaint for the limited purpose of revising it to reflect the dismissal of the City Defendants. The Court DIRECTS the Plaintiff to file the amendment by 2/28/2024. Signed by Chief Judge Holly A Brady on 2/1/2024. (ash)
 
Link to the whole case:

198. Mar 14, 2024 Order
This order was filed and it's available for viewing. It mostly covers which motions have been granted and which ones have been denied. Here are the new dates:
Completion of fact discovery: 1/15/2025; Defendant Elkhart County Sheriff's Departments Expert Disclosure & Reports: 3/14/2025; Completion of all discovery: 4/1/2025; Discovery-related nondispositive motions: 3/4/2025; Dispositive motions: 5/1/2025. The parties are REMINDED that these deadlines represent final dates for particular action.

202. Mar 21, 2024 Main Document Amended Complaint (57 pgs)
This link is just for the Amended Complaint; it's free for the public to view.
This footnote helps explain the need for an amended complaint:
While the City Defendants have been dismissed pursuant to a settlement agreement between the City of Elkhart, the City Defendants, and Plaintiff, the factual allegations are still relevant to Plaintiff’s remaining claims against Defendants Becker, Chapman, and Elkhart County Sheriff’s Department. As a result, former City Defendants are referred to as “Dismissed City Defendants” throughout the Complaint. The claims involving Dismissed City Defendants have been adjusted to include just claims against remaining parties to the litigation.
 
There is a new judge on the case; she's the 3rd one so far.
206 Mar 25, 2024
ORDER REASSIGNING CASE. Case reassigned to Judge Cristal C Brisco for all further proceedings. Chief Judge Holly A Brady no longer assigned to case. Signed by Chief Judge Holly A Brady on 3/25/24. (ksc)
207 Mar 28, 2024
MOTION for Extension of Time to File Response/Reply as to 188 MOTION to Quash Non-Party Subpoena and for Entry of Protective Order (Unopposed) by Plaintiff Andrew Royer. (Slosar, Elliot)
208 Mar 29, 2024
ORDER granting 207 Motion for Extension of Time to File Response to 188 Response to be filed by 4/11/2024. Approved by Magistrate Judge Michael G Gotsch, Sr on 3/29/24. (slm)
Mar 29, 2024 Order on Motion for Extension of Time to File Response/Reply
209 Apr 3, 2024
ANSWER to 202 Amended Complaint by Vicki E Becker.(Carlisle, Alexander) (Entered: 04/03/2024)
210 Apr 4, 2024
First MOTION for Leave to File Answer to Plaintiff's Second Amended Complaint by Defendant Dennis Chapman. (Scarry, Laura) Modified on 4/8/2024 (slm).
211 Apr 4, 2024
NOTICE by Dennis Chapman re 210 First MOTION for Leave to File Answer to Plaintiff's Second Amended Complaint (Scarry, Laura)
212 Apr 5, 2024
ORDER Granting 210 Defendant Chapman's unopposed motion. Defendant Chapman must separately file his answer as proposed [DE 210 at 3-97] by April 11, 2024. - Approved by Magistrate Judge Michael G Gotsch, Sr on 4/5/24. (slm)
Apr 5, 2024 Order AND ~Util - Set Deadlines
213 Apr 5, 2024
ANSWER to 186 Amended Complaint by Dennis Chapman.(Scarry, Laura)
214 Apr 5, 2024
NOTICE by Dennis Chapman re 213 Answer to Amended Complaint Second (Scarry, Laura)
215 Apr 11, 2024
RESPONSE to Motion re 188 MOTION to Quash Non-Party Subpoena and for Entry of Protective Order filed by Andrew Royer. (Attachments: # 1 Exhibit 1 - Notice of Depositions, # 2 Exhibit 2 - Katz Tr., # 3 Exhibit 3 - O'Hara Tr., # 4 Exhibit 4 - Coghlan Tr., # 5 Exhibit 5 - Miller Tr., # 6 Exhibit 6 - Chauvin Tr., # 7 Exhibit 7 - Case Summary, # 8 Exhibit 8 - Canen EH Tr., # 9 Exhibit 9 - ECSD Job Problem Doc, # 10 Exhibit 10 - Chapman File, # 11 Exhibit 11 - Holmes Tr., # 12 Exhibit 12 - Chapman Tr., # 13 Exhibit 13 - Montooth Tr., # 14 Exhibit 14 - Hill Tr., # 15 Exhibit 15 - Wieneke Corr., # 16 Exhibit 16 - Canen Response, # 17 Exhibit 17 - Bourdon Tr., # 18 Exhibit 18 - Chapman Review Memo, # 19 Exhibit 19 - Becker Tr. Excerpts, # 20 Exhibit 20 - Indiana Code of Judicial Conduct, # 21 Exhibit 21 - Advisory Op 2-89, # 22 Exhibit 22 - Advisory Op 3-98, # 23 Exhibit 23 - ABA Standard 3.1-2)(Campbell, Margaret)
216 Apr 18, 2024
MOTION for Extension of Time to File Response/Reply as to 188 MOTION to Quash Non-Party Subpoena and for Entry of Protective Order (Unopposed) by Interested Party David Francisco. (Carlisle, Alexander) (Entered: 04/18/2024)
217 Apr 24, 2024
Returned Executed by Andrew Royer. Elkhart County Sheriff's Department served on 4/24/2024, answer due 5/15/2024. (Slosar, Elliot)
218 Apr 25, 2024
Report of Mediation
219 Apr 25, 2024
REPLY to Response to Motion re188 MOTION to Quash Non-Party Subpoena and for Entry of Protective Order filed by David Francisco. (Carlisle, Alexander)
220 May 2, 2024
NOTICE of Appearance by Nathaniel M Jordan on behalf of Elkhart County Sheriff's Department (Jordan, Nathaniel)
221 May 2, 2024
AGREED NOTICE to extend time to file answer filed by Elkhart County Sheriff's Department ; answer due by 06/12/2024. (Jordan, Nathaniel)
222 May 3, 2024
NOTICE of Appearance by Michael F DeBoni on behalf of Elkhart County Sheriff's Department (DeBoni, Michael)
 

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