Milford, Hobbs Await Ruling In Civil Case Filed By Ralph Fisher
July 28, 2016 at 4:25 p.m.
MILFORD - Milford Town Marshal Dave Hobbs and the town will soon know if a civil lawsuit for false arrest will go to trial in Kosciusko Circuit Court.
The case stems from the investigation of the murder of Kathy Vroman and the arrest and trial of Ralph Fredderick "Fred" Fisher for the crime. Fisher was found not guilty of the murder in March 2002.
Fisher and his wife Ramona filed the suit in 2004 seeking unspecified damages because Fisher says he was falsely arrested for Vroman's murder.
Monday afternoon, Kosciusko Circuit Court Judge Rex Reed heard arguments from Fisher's attorney, Thomas Leatherman, and from attorney Michael Morrow, representing Hobbs and Milford. Judge Reed will consider evidence presented in open court and decide if the issue will go to trial.
Originally, Fred Fisher filed suit against Hobbs and Milford, saying he was falsely imprisoned, falsely arrested, maliciously prosecuted, emotionally distressed and that Ramona lost the companionship and consortium of her husband. All parts of the case except the false arrest accusation were dismissed in federal court earlier this year.
Morrow argued Hobbs believed a probable cause affidavit signed by Jason Fisher, Fred Fisher's son, that said Fred Fisher committed the murder. At the time the probable cause affidavit was signed, Hobbs said he believed the statement was consistent with Fred Fisher's motives.
After Morrow presented information about cases similar to the civil case, Fisher's attorney asked Judge Reed not to consider the case in a vacuum.
"It's ironic," Leatherman said. "I started (arguing the case) in this courtroom with Mr. (Fred) Fisher sitting beside me, and I am ending it the same way.
"I agree the only thing left is the false arrest claim. If you look at the case in a total vacuum, I suppose we are done. ... I don't think we can look at this case in a vacuum. I think we need to look at this case as a statement of facts."
Leatherman said Jason Fisher, who originally was arrested for Vroman's murder, made a statement that was not verified by anyone else before it was taken as fact.
While under arrest for the murder, Jason Fisher secured immunity for himself and told police his father was the person who shot Vroman, whose frozen body was found in a wooded area near Three Rivers, Mich., Jan. 26, 2001. According to autopsy information, Vroman died after being shot in the head twice.
Fred Fisher denied he had any part in the murder but admitted to telling Jason Fisher how to hide the evidence and dispose of Vroman's body.
In 2002, a jury found Fred Fisher not guilty of Vroman's murder after evidence in court failed to prove his guilt.
"It's sad prosecutors are immune from suit," Leatherman said during his statement, and added that there was a lot of evidence that pointed away from Fred Fisher and to Jason Fisher.
Leatherman also said Hobbs did not verify Jason Fisher's statement and that the evidence against Fred Fisher was "variable."
"What did he (Hobbs) know and when did he know it and why did he sign it (the probable cause affidavit)?"
Judge Reed said he would read into the matters the attorneys presented and consider it thoroughly.
"It will be a couple days before I return with a decision on this case," Judge Reed said.
If Judge Reed sides with Hobbs and Milford, the case will be dismissed. If he sides with Fred Fisher, a date will be set for a civil trial. [[In-content Ad]]
MILFORD - Milford Town Marshal Dave Hobbs and the town will soon know if a civil lawsuit for false arrest will go to trial in Kosciusko Circuit Court.
The case stems from the investigation of the murder of Kathy Vroman and the arrest and trial of Ralph Fredderick "Fred" Fisher for the crime. Fisher was found not guilty of the murder in March 2002.
Fisher and his wife Ramona filed the suit in 2004 seeking unspecified damages because Fisher says he was falsely arrested for Vroman's murder.
Monday afternoon, Kosciusko Circuit Court Judge Rex Reed heard arguments from Fisher's attorney, Thomas Leatherman, and from attorney Michael Morrow, representing Hobbs and Milford. Judge Reed will consider evidence presented in open court and decide if the issue will go to trial.
Originally, Fred Fisher filed suit against Hobbs and Milford, saying he was falsely imprisoned, falsely arrested, maliciously prosecuted, emotionally distressed and that Ramona lost the companionship and consortium of her husband. All parts of the case except the false arrest accusation were dismissed in federal court earlier this year.
Morrow argued Hobbs believed a probable cause affidavit signed by Jason Fisher, Fred Fisher's son, that said Fred Fisher committed the murder. At the time the probable cause affidavit was signed, Hobbs said he believed the statement was consistent with Fred Fisher's motives.
After Morrow presented information about cases similar to the civil case, Fisher's attorney asked Judge Reed not to consider the case in a vacuum.
"It's ironic," Leatherman said. "I started (arguing the case) in this courtroom with Mr. (Fred) Fisher sitting beside me, and I am ending it the same way.
"I agree the only thing left is the false arrest claim. If you look at the case in a total vacuum, I suppose we are done. ... I don't think we can look at this case in a vacuum. I think we need to look at this case as a statement of facts."
Leatherman said Jason Fisher, who originally was arrested for Vroman's murder, made a statement that was not verified by anyone else before it was taken as fact.
While under arrest for the murder, Jason Fisher secured immunity for himself and told police his father was the person who shot Vroman, whose frozen body was found in a wooded area near Three Rivers, Mich., Jan. 26, 2001. According to autopsy information, Vroman died after being shot in the head twice.
Fred Fisher denied he had any part in the murder but admitted to telling Jason Fisher how to hide the evidence and dispose of Vroman's body.
In 2002, a jury found Fred Fisher not guilty of Vroman's murder after evidence in court failed to prove his guilt.
"It's sad prosecutors are immune from suit," Leatherman said during his statement, and added that there was a lot of evidence that pointed away from Fred Fisher and to Jason Fisher.
Leatherman also said Hobbs did not verify Jason Fisher's statement and that the evidence against Fred Fisher was "variable."
"What did he (Hobbs) know and when did he know it and why did he sign it (the probable cause affidavit)?"
Judge Reed said he would read into the matters the attorneys presented and consider it thoroughly.
"It will be a couple days before I return with a decision on this case," Judge Reed said.
If Judge Reed sides with Hobbs and Milford, the case will be dismissed. If he sides with Fred Fisher, a date will be set for a civil trial. [[In-content Ad]]