http://www.denverpost.com/news/news0518b.htm
Victim's mom sues Md. for paroling killer
By Howard Pankratz,
Denver Post Legal Affairs Writer
May 18 - The mother of Denver murder victim Peyton Tuthill has filed a $102 million claim against the state of Maryland for the "gross negligent supervision" that allegedly led to her daughter's slaying.
A Maryland parolee, Donta Paige, is charged with killing Tuthill in Denver in February 1999. A Maryland judge had allowed Paige to come to Colorado and enroll in a residential alcohol- and drug-treatment program in Denver.
Pat Tuthill's lawyer, Peter Grenier, said Wednesday that Maryland officials concocted a "recipe for disaster" by allowing Paige to move to Denver, where he "lived unimpeded and was free to move about in society with no direct supervision."
Grenier says he has no intention of suing Colorado because officials were unaware that Paige was in the state. As for the Stout Street Foundation, which ran the treatment program, Grenier said, "I'm just really not at liberty to discuss anything I've discussed with the Stout Street Foundation."
Dr. Ken Wilson, director of clinical services for Stout Street, said he couldn't comment.
Paige served only two years and 47 days of a 10-year Maryland armed robbery sentence before he was placed on three years' supervised probation by a Maryland judge. The judge placed Paige on probation on condition that he successfully complete the treatment program.
At the time Paige came to Colorado in late October 1998, he had been convicted of or pleaded guilty to five serious felonies, Grenier said.
The 24-year-old Tuthill was sexually assaulted and killed Feb. 24, 1999, a day after Paige, then 24, was kicked out of Stout Street for failing to follow rules. The foundation ran three programs on the Gaylord Street block where Tuthill lived. Tuthill moved to Denver just six months before she was killed.
Paige has confessed to the crimes and recently pleaded not guilty by reason of insanity.
Maryland state officials Wednesday confirmed they've received the notice, but state Insurance Manager Tom Stout said officials would not comment on pending claims.
The state of Maryland never notified Colorado officials that Paige was living in their midst.
Grenier said that by failing to make such a notification, the state of Maryland "violated most, if not all" the provisions of the Interstate Compact that governs the supervision of adult offenders who move from one state to another.
Grenier said that under the compact guidelines, Paige couldn't be legally moved to Colorado. He wasn't a resident of Colorado and had no family here, and Colorado had not waived those two requirements, Grenier said.
Because Maryland never notified Colorado of its plans to move Paige, Colorado was never given the opportunity to investigate Paige as required by the Interstate Compact.
Further, Gov. Bill Owens told Pat Tuthill that there was "no chance that Mr. Paige would have been accepted by the state of Colorado because he did not fit the criteria because of the nature of his crimes," Grenier said.
"It's clearly foreseeable that if you place this guy in the middle of this neighborhood someone could be very seriously injured," he said.
Tuthill's murder provoked outrage from friends, relatives and neighbors, as well as the introduction of new local and state laws.
Grenier said that Pat Tuthill, who lives in Florida, has addressed several state legislatures following her daughter's death. She decided to take legal action after being approached by various Interstate Compact administrators who heard her talk.
Those administrators told her, "Pat, there has been an egregious wrong here. You need to get a lawyer, you need to pursue this claim."
Copyright 2000 The Denver Post. All rights reserved.
Victim's mom sues Md. for paroling killer
By Howard Pankratz,
Denver Post Legal Affairs Writer
May 18 - The mother of Denver murder victim Peyton Tuthill has filed a $102 million claim against the state of Maryland for the "gross negligent supervision" that allegedly led to her daughter's slaying.
A Maryland parolee, Donta Paige, is charged with killing Tuthill in Denver in February 1999. A Maryland judge had allowed Paige to come to Colorado and enroll in a residential alcohol- and drug-treatment program in Denver.
Pat Tuthill's lawyer, Peter Grenier, said Wednesday that Maryland officials concocted a "recipe for disaster" by allowing Paige to move to Denver, where he "lived unimpeded and was free to move about in society with no direct supervision."
Grenier says he has no intention of suing Colorado because officials were unaware that Paige was in the state. As for the Stout Street Foundation, which ran the treatment program, Grenier said, "I'm just really not at liberty to discuss anything I've discussed with the Stout Street Foundation."
Dr. Ken Wilson, director of clinical services for Stout Street, said he couldn't comment.
Paige served only two years and 47 days of a 10-year Maryland armed robbery sentence before he was placed on three years' supervised probation by a Maryland judge. The judge placed Paige on probation on condition that he successfully complete the treatment program.
At the time Paige came to Colorado in late October 1998, he had been convicted of or pleaded guilty to five serious felonies, Grenier said.
The 24-year-old Tuthill was sexually assaulted and killed Feb. 24, 1999, a day after Paige, then 24, was kicked out of Stout Street for failing to follow rules. The foundation ran three programs on the Gaylord Street block where Tuthill lived. Tuthill moved to Denver just six months before she was killed.
Paige has confessed to the crimes and recently pleaded not guilty by reason of insanity.
Maryland state officials Wednesday confirmed they've received the notice, but state Insurance Manager Tom Stout said officials would not comment on pending claims.
The state of Maryland never notified Colorado officials that Paige was living in their midst.
Grenier said that by failing to make such a notification, the state of Maryland "violated most, if not all" the provisions of the Interstate Compact that governs the supervision of adult offenders who move from one state to another.
Grenier said that under the compact guidelines, Paige couldn't be legally moved to Colorado. He wasn't a resident of Colorado and had no family here, and Colorado had not waived those two requirements, Grenier said.
Because Maryland never notified Colorado of its plans to move Paige, Colorado was never given the opportunity to investigate Paige as required by the Interstate Compact.
Further, Gov. Bill Owens told Pat Tuthill that there was "no chance that Mr. Paige would have been accepted by the state of Colorado because he did not fit the criteria because of the nature of his crimes," Grenier said.
"It's clearly foreseeable that if you place this guy in the middle of this neighborhood someone could be very seriously injured," he said.
Tuthill's murder provoked outrage from friends, relatives and neighbors, as well as the introduction of new local and state laws.
Grenier said that Pat Tuthill, who lives in Florida, has addressed several state legislatures following her daughter's death. She decided to take legal action after being approached by various Interstate Compact administrators who heard her talk.
Those administrators told her, "Pat, there has been an egregious wrong here. You need to get a lawyer, you need to pursue this claim."
Copyright 2000 The Denver Post. All rights reserved.