CHRONOLOGY,
PART III
PRE - REICHSTADT DEPOSITION
1987, Late February - Mary Jane Duchene returns
to the United States to resolve the legal matters and
there has been little progress l long distance. She
stops en route to Minnesota in Washington D.C. to meet
with Dr. B. William Murphy and request that he act as
a medical expert in the upcoming probate. Mary Jane
has sent on the neurological reports, CAT scan reports
and psychometric results with the pathology report on
ahead.
1987,
Late February until May 1 - Mary Jane stays with
Mary Walker, an old friend from high school and work.
1987,
March 3 - State Certifies copies of death certificate
of Jane Duchene. See B-59.
1987,
March and April - Mary Jane Duchene obtains affidavits
from various people who knew her parents, her mother,
her father, her character and from people who had information
on Jane’s behavior which might be important for
forensic psychiatric evaluation in probate in addition
to affidavits obtained from Alan Johannesen, Keith Marsh
and Margaret Finch from Europe.
1987,
early April - Mary Jane issues ordinary subpoenas
to all medical providers who saw her mother during 1986
and obtains all of the nursing home records from Wedgewood
only. All others, refuse to comply with the subpoena
and it is necessary for Mary Jane to seek a court order.
1987,
April - June - Mary Jane is informed by Tony Dana
that he is going to have his license to practice suspended,
and she must look for a new attorney. She finds Stan
Zahorsky, whose offices are in Edina, Minnesota, to
continue the case in early June of 1987.
1987,
late April - Mary Jane has an appointment with Richard
Enga of the Dakota County Attorneys Office about her
complaint and request for investigation into the death
of Jane Duchene. Richard Enga send Mary Jane letters
which confirm that he only followed up on the suspicion
regarding chemotherapy that Mary Jane suggested in her
complaints filed earlier in the year. Investigation
file is closed.
1987, April - Mary Jane Duchene purchases a Rottweiler
dog for protection when she moves into the family home.
1987, April - Ken Reichstadt and Jeff Batzel,
make major purchases just after the investigative file
is closed. Verified in the investigative report of private
detective, George Viens, hired by Mary Jane to look
into misconduct and the death of Jane Duchene, in late
October, 1987.
1987,
May 01 - Mary Jane Duchene moves back into home
and with a Rottweiler for protection, after discovering
that Briguet’s friends, the Flemings, have moved
out. She has a locksmith change the new locks Briguet
and the Krauses have put on. The fiancé of Pastor
Ruhnke’s eldest son, Sandra Rivera, moves in with
Mary Jane because Mary Jane is frightened to live in
the house alone because of the past [police involvement
in her family affairs and the legal complication around
her mother’s death. Stan Ottinger, Ruth’s
husband, starts wearing a hard hat when he goes for
a walk because of the presence of the Rottweiler.
1987,
May 22 - Sue Cornelius, Assistant Dakota County
Attorney files memo to Shirley McConnell Social Services
Department Director of Duchene has filed a Notice of
Claim that her and her mother’s civil rights were
violated by Dakota County Vulnerable Adult Workers and
giving orders to this department not to release any
files or discuss the case or facts surrounding the matter
without the consent and representation of the County
Attorney’s Office.
1987,
June - Stan Zahorsky files a motion requiring a
court order compelling all medical providers for Jane
Duchene to release their records.
1987,
July 2 - Probate Court , Judge Lacy, grants Mary
Jane’s motion to compel all medical health care
providers to release their records to Mary Jane Duchene
and her counsel.
1987,
July - August - Mary Jane obtains medical records
from Corbett and Lerner and others. Untied Hospital
records were obtained in December of 1986. These records
sent to Dr. Murphy (copies).
1987,
early August - Sandra Rivera marries Jeff Ruhnke
and moves out of Mary Jane’s home. Harassment from
West St. Paul police and Dakota County agencies, of
Mary Jane Duchene and people around her, begins and
continues for many year, that is to date.
1987,
early August - Stan Zahorsky meets with Dennis Briguet
and persuades Dennis to let him go through Dennis Briguet’s
files on Jane Duchene by pretending to dislike Mary
Jane as much as Dennis says he does. Zahorsky finds
memorandum from Reichstadt to Briguet about Wedgewood
nurse, Louise Erickson , dated November 30, 1986 and
Briguet’s three page itemized bill to Jane Duchene.
1987,
August - Mary Jane receives homeowner’s insurance
payment for lawn mower apparently removed from home
after providing dated photos of mower in garage in 1986
and neighbor using the same apparent item in 1987.
1987,
about August 10 - Stan Zahorsky obtains probate
Court order compelling Ken Reichstadt and Dakota County
to release the name of the reporter of alleged abuse
by Mary Jane Duchene because it is pertinent to the
issue of undue influence by the Krauses who benefited
by the abuse allegations and sought to become heirs
of the Duchene estate as a result of these allegations
being made.
1987,
August 13 - Ken Reichstadt deposed. Takes fifth
amendment. Resists releasing vulnerable adult file.
Refuses to disclose name of reporter. Reichstadt refuses
to comply with the court order. Admits that he knew
that the accusations against Mary Jane could not be
substantiated by late evening of March 20, 1986 yet
persists in continuing to try to defame Mary Jane. States
for the first time that there never were charges hanging
over Mary Jane’s head and that he did not inform
Mary Jane of that in 1986. Admits that his educational
training is limited to a B.A. in social work and business.
Admits he has worked with Nancy Massman before. States
that there were over 600 cases of alleged abuse in Dakota
County since the Vulnerable Adult law was instead in
1985, which works out at over 300 per year and that
more than 50% of these were regarding money. Admits
the potential for abuse of the vulnerable adult law
to discredit bonafide heirs and family members by greedy
third parties. This deposition costs Mary Jane $1000.00.
Deposition ends in call to Judge Lacy about refusal
to comply with court order to disclose name of reporter
and setting of a hearing for the next day in Probate
Court on this issue.
1987, August 14 - Stan Zahorsky files a written
motion, affidavit and memorandum of law {summarizing
the contents of the deposition of Reichstadt in reference
to Reichstadt’s admission that he knew Mary Jane
had committed no abuse of her mother and pointing out
the legal grounds for discovery being undue influence
by the Krauses by their direct benefit from these allegations
against Mary Jane] urging Judge Lacy not to rescind
his earlier order. Reichstadt is present in court and
tries to say there is a continuing investigation into
the death of Jane Duchene therefore the file is active
and should not be released. The discernment between
their allegations against Mary Jane and current investigation
into alleged misconduct by parties other than Mary Jane
is made;- and Judge Lacy asks Reichstadt “are you
claiming she is still abusing her mother, her mother
is dead”. Notwithstanding, Judge Lacy rescinds
his order compelling disclosure of identity of reporter.
Zahorsky and Mary Jane see this as an indication that
the Dakota County Attorney is exerting influence behind
the scenes. Stan Zahorsky begins to get nervous because
of the apparent involvement by Dakota County with the
court and starts to dear the probate court is biased
against Mary Jane because of Dakota County interests.
JUDGE LACY ISSUES AN AMENDED ORDER REQUIRING DAKOTA
COUNTY SOCIAL SERVICES TO RELEASE THE VULNERABLE ADULT
FILE THEY HAVE ON JANE DUCHENE, BUT ALLOWS THE AGENCY
TO DELETE THE NAME OF THE REPORTER.
PRE - PROBATE TRIAL
1987, Mid-August up to Probate in January of 1988
- Mary Jane Duchene send Dr. Murphy all depositions,
the vulnerable file and all;l other evidence obtained
and available so he is fully informed of all psycho-social
aspects of this case and precisely what happened in
1986. The medical question at this time is whether Jane
Duchene was competent of March 20, 1986 and July 2,
1986 to sign all that she signed. THERE IS NO LEGAL
OR QUESTION OF WHETHER JANE DUCHENE WAS MURDERED BECAUSE
MARY JANE STILL DOES NOT KNOW WHAT CAUSED THE SUDDEN
DEGENERATION OF HER MOTHER JUST AFTER OCTOBER 23, 1986.
ALL OF THE ATTENTION TO STUDY OF THE MEDICAL RECORDS
IS PLACED PRIMARILY ON THE PERIODS FROM 3/20/86 UP TO
JULY 2, 1986.
1987, late August to mid -September - Stan Zahorsky
starts to show reluctance to continue the case because
he feels the court and “system” is stacked
against Mary Jane and feels she will not win no matter
how much evidence she has and whether she is right or
not. He advises her “The court is against you.
You are in a dangerous situation. You should go back
to London.”
1987, October 01 - approx. - Dakota County finally
releases the Vulnerable Adult File on Jane Duchene to
Mary Jane. The file contains a 20 minute taped interview
of Jane Duchene on March 20, 1986 in the evening, by
Reichstadt and Batzel, with the Krauses (Roger and Bessie)
present. The memorandum from Reichstadt to Briguet about
Louise Erickson, dated 10/30/86, is not in the file.
Mary Jane sends this to Dr. Murphy and he feels he can
do a accurate analysis of Jane’s mental status
from the taped interview. He is shocked by the conduct
of the county vulnerable adult workers, towards Jane
and their failure to obtain immediate mental status
evaluations before doing anything about her fiscal and
legal situation. Until he receives the tape, Dr. Murphy
doubts that he can provide a evaluation of Jane Duchene,
because he did not see her in March or July, 1986. The
tape gives changes this greatly.
1987, early September - Mary Jane obtains the
files and records of Kathy Tuzinski, the home health
nurse who came to see Jane at home in 1986, using the
July 02, 1987 court order. These notes reveal that Nancy
Massman was the reporter of the alleged abuse by Mary
Jane as Mary Jane had guessed, deducing that the mention
of a “professional” that Reichstadt claimed
contacted him when he came to Mary Jane’s home
the evening of March 20, 1986 [denying at the same time
that the Krauses had anything to do with his presence],
would logically be Nancy Massman as she had been so
openly hostile to Mary Jane when Mary Jane spoke with
her on, about, February 08, 1986. These notes reveal
that Ms. Tuzinski saw no abuse and that she was perplexed
and kept in the dark about the sudden take over by Roger
Krause. She was not permitted to see Jane at the Krause
home. Jane had no nursing help at the Krause home from
March 20, 1986 until April 23,
1986
when she was placed in Wedgewood, that is known of.
1987,
late September to early October - Stan Zahorsky
formally resigns.
1987,
mid - October - Mary Jane Duchene, by happenstance,
meets Carol Lofthouse when she buys a dog kennel for
the Rottweiler from Carol’s husband, Derek, and
they come to install the kennel for her. Carol can see
how distressed Mary Jane is and befriends her, telling
her to call if she has any more problems with harassment
because of her dog, whom Carol has met and loves. Mary
Jane does call Carol because more harassment continues,
a neighbor, knocks on the window to make the dog bark
and then calls the police to complain;- in the course
of the conversation Mary Jane reveals around her mother’s
illness and death;- and Carol discloses she is a retired
criminal attorney who currently works as a private investigator
with George Viens.
1987,
early to mid November - Mary Jane and Carol Lofthouse
met with George Viens and bring him documentation to
review. George takes the case and recommends several
attorneys, most of which have a conflict of interest
as they either have in the past or do represent Dakota
County. Meagher, Gear, Markham and Andersen (Tim Ridley)
take the case, limiting their representation to the
probate. George Viens and his associates are all retired
Minneapolis policemen.
1987, mid-November - January, 1988:
1988,
March - Mary Jane is very ill with a flu virus for
about three weeks and is so ill she cannot get of of
bed for most of that period. This is the first period
Mary Jane has to slow down. The statement of Dr. Plunkett
that he couldn’t test the body fluids or the blood,
therefore he did not sign the death certificate; went
through Mary Jane’s mind when she wasn’t sleeping.
The question of “what was in the blood that needed
to be hidden” came to her thoughts. The idea of
blood sugar came to her mind in late March like a light
bulb going on. She was well enough to get out of bed
and did so to check the Wedgewood medical records and
found Dr. Corbett’s insulin orders and the aftermath
recorded in these medical records. Dr. Murphy was informed
and was incredulous. He observed that one often does
not see what is ego alien to oneself and that one can
miss the obvious if you don’t know it is there.
He affirmed Mary Jane’s observation as having no
medical purpose except to kill Jane Duchene.
POST DISCOVERY OF CORBETT’S 10/23/86
ORDERS
1988, March through April - Mary Jane Duchene
wishes to appeal the probate decision when the motions
of Tim Ridley are denied in late March. Tim Ridley does
not wish to pursue the appeal. Dr. Murphy is astonished
by the ruling of Judge Lacy because the scientific evidence
is so strong. Doug Thompson, a attorney specializing
in criminal law and friend of Carol Lofthouse, files
the Notice of Appeal as a favor to Carol, particularly
because of the issue of homicide of Jane Duchene that
is now apparent. George Viens has been looking for an
attorney who will handle the appeal and finds Barry
Reed and meet with Mary Jane and Barry Reed. Reed decides
to take the case and is interested in other litigation
on a contingency basis.
1988, May 27 - Dr. Murphy writes to Dr, Plunkett informing
him of the apparent homicide of Jane Duchene by withdrawal
of her insulin. See C-12
,C-13, C-14.
1988,
July 12 - Dr. Murphy writes again to Dr. Plunkett
as he has received no reply; this time registering the
letter, and enclosing copies of Corbett’s insulin
orders of 10/23/86. See C-15
through C-22.
1988,
JULY, THROUGH AND INCL. 1998 - DR. JOHN PLUNKETT
HAS NEVER RESPONDED TO DR. MURPHY’S LETTERS OR
PROVIDED A SOUND MEDICAL REASON AND ALTERNATE EXPLANATION
AND CONCLUSION FOR DR. CORBETT’S 10/23/86 INSULIN
ORDERS RESULTING IN SYMPTOMS OF KETOACIDOSIS AND DEATH
WHICH WOULD JUSTIFY HIS FAILURE TO ACT ON THIS CASE
AS A FIRST DEGREE MURDER. HE HAS NEVER STATED THE CAUSE
OF JANE DUCHENE’S DEATH OR SIGNED HER DEATH CERTIFICATE.
THE ONLY RESPONSE HAS BEEN FROM THE COUNTY ATTORNEY’S
OFFICE, IN EFFECT CONCEDING THAT DR. CORBETT’S
REASONS CITED IN HIS AFFIDAVITS OF NOVEMBER 21, 1989
ARE NOT VALID FROM MEDICAL DATA SENT TO THAT OFFICE
BY MARY JANE DUCHENE;- HOWEVER THEY DON’T KNOW
BECAUSE THEY ARE NOT DOCTORS. Verified by letter from
the Dakota County Attorney’s Office, 1989.
1989,
August onward - letters are sent to Hubert H Humphrey
III regarding the failure of the Dakota County Attorney
to prosecute. Hubert Humphrey III writes back in about
October of 1988 and acknowledges that it must be terrible
to know that Jane Duchene’s death does not appear
to have been from natural causes but that he cannot
intervene unless he is invited by the County Attorney
to do so. He recommends that Mary Jane investigate the
matter herself using civil proceeding to do so. It is
doubtful that Mr. Humphrey was unaware that damages
in Minnesota under the wrongful death statute are limited
to loss of earning and similar claims, making claims
for senior citizens in nursing home impractical because
the legal fees would likely be higher than any damages
recovered.
1988,
September 30 - Dr, Murphy, shocked at the total
failure of law enforcement in Minnesota and Dakota County,
writes a summary of the case to the Federal Bureau of
Investigations pursuant to a possible civil rights complaint,
which Mary Jane has written to this agency about.
1988
through 1991 - Mary Jane Duchene contacts the Dakota
County Attorney several times about Dr. Murphy’s
reports that remain unrefuted by the Dakota County Coroner.
The official position of the county is that they are
unwilling to prosecute because they believe that Dr.
Corbett did not intend to kill Jane Duchene when he
withdrew her insulin and failed to restore it after
she developed ketoacidosis. This suggests that the county
is stating that Dr. Corbett did not know the consequences
of his actions, notwithstanding that he is a specialist
in diabetes treatment; or that Dr. Corbett was simply
incompetent .
1988
and 1989 - Mary Jane Duchene contacts the Ramsey
County Attorney’s Office, because Ramsey County
also has jurisdiction over Corbett’s action on
and after October 23, 1986; because all his actions
were done in Ramsey County. Eventually, Ramsey County
produces a copy of a report supplied by the Dakota County
Sheriff which is denigrating of Mary Jane, stating to
the effect that Mary Jane claims her mother was murdered
and she also reported in 1980 that her father sexually
abused her. This is enough to discredit Mary Jane at
that time although Mary Jane was not in the USA in 1980
and her father died 15 years before 1980.
1988,
November 18 - Barry Reed commences wrongful death
action against Dr. Victor Corbett and Wedgewood Healthcare Center, Inver Grove, Minnesota.. Barry Reed cites Dr. Murphy as the expert relied
upon for probable cause to bring the action. Mr. Reed
is obliged to submit a affidavit by an expert within
six months according to statute.
1989, January - Minnesota Court of Appeals affirms
Judge Lacy’s decision; mainly on the basis of Dr.
Corbett’s testimony on competence. They state in
the opinion that Jane Duchene was incompetent one month
before her death, but fail to give a specific reason
for that finding. The insulin orders were mentioned
in this appeal.
1989, January - After receipt of the Court of
Appeals decision, Barry Reed writes to Mary Jane, disputing
Dr. Murphy’s findings on the basis of his own medical
knowledge as he has found no other medical expert to
give expert opinion. Reed’s statement is to the
effect that we’re a long way from proving that
there is a murder. Mary Jane sends Reed’s comments
to Dr. Murphy, who responds to Reed in his letter of
January 30, 1989. See C-24
through C-27.
1989, June - Barry Reed quits the wrongful death
case. Mary Jane continues with he case and obtains an
extension of time for six months to obtain an affidavit
from an expert.
1989, June - Dr. Murphy writes a Summary of the
Terminal Illness of Jane Duchene. See C-29
through C-36.
1989, late August - Dr. Murphy has a massive
stroke and cannot continue to work on the case because
of his medical condition, until he improves, if he improves.
1989, November 21 - Dr. Corbett files his affidavit
of this date. His story is that a fasting blood sugar
level of 67 is a significantly low blood sugar, which
contradicts his testimony in probate court. He purports
that he is preventing insulin shock by radically reducing
Jane Duchene’s insulin, however, even were that
true; he fails to explain why he failed to restore Jane
Duchene’s insulin dosages to a therapeutic level.
See C-22
and C-23.
1989, December 21 - Anne Thul files her affidavit
on behalf of Wedgewood Health Care Center. Thul claims
that she was only following the orders of Dr. Corbett.
See C-28.
1994 - Mary Jane Duchene discovers, in the course of
filing a Writ of Mandamus to compel Coroner Plunkett
to do his job that Dr. Plunkett spoke to Mr. Reed shortly
after Dr. Murphy sent his letter of July 12, 1988 to
Dr. Plunkett. This is discovered because Dr. Plunkett
submits his hand written notes to the Court of Appeal
and Mary Jane Duchene in an effort to allay the grant
of the extraordinary writ. These notes state that Dr.
Plunkett told Mr. Reed that he would not look into the
case unless he was under subpoena or for retainer. Barry
Reed told Mary Jane that he had spoken with Plunkett
at t he time in 1988, however he did not convey the
extremity of what Plunkett said, only that Plunkett
was uncooperative. It is doubtful whether Plunkett ever
read the Wedgewood records of Jane Duchene. See: C-38
and C-39.
1994, October - Mary Jane Duchene meets Jack Graham
in Brainerd and send him copies of Dr. Murphy’s
letters. Mr. Graham is Crow Wing County Attorney at
this time. Mr. Graham writes to Mary Jane and states
that, if Dr. Murphy is correct, Dakota County officials
who fail to act to prosecute could be guilty of aiding
a criminal to avoid prosecution, a crime under Minnesota
Statutes. Mr. Graham send a copy of this letter to James
Backstrom.
1996 through 1998 - Mary Jane Duchene works with
Jack Graham on a case involving Sharon Andersen in 1996
and seeks his help in bringing the matter of her mother’s
murder before a grand jury, for criminal indictment;-
by requesting that a special prosecutor be appointed.
Both agree that a medical expert, a physician or pathologist
of experience and repute, would need to provide a written
report showing probable cause; as an essential component
for this process to succeed.
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