December 5, 2014 at 4:50 p.m.
Hirschhorn to represent England in deposition
Hirschhorn to represent England in deposition
That attorney, Joel Hirschhorn, will represent England in an upcoming deposition, according to a recent court filing.
England was criminally charged in 2012 for taking human tissue and part of a deceased person's spine without permission. She used the remains to train her dog to search for corpses, and for a law enforcement exercise.
In February, England was sentenced to one year in jail for misconduct in public office.
The deposition is part of a lawsuit filed in January against England and Oneida County by the family of a deceased person whose tissue and organs England allegedly took without permission.
The county's insurer, Wisconsin County Mutual Insurance Company, hired attorney Martin De Vries to represent England soon after the suit was filed.
While De Vries has been defending England against the central claims of the lawsuit, he is not representing her in arguments over whether she is covered under Oneida County's liability insurance policy.
County Mutual initially determined it had to defend England under the county's liability policy. But in March, the insurance company sought to intervene in the suit and argued that the alleged actions England is being sued for were not committed within the scope of her employment with the county, and that therefore it does not have to pay her defense costs.
(Hirschhorn has said County Mutual did not ask him to represent England, though he has talked with De Vries about the case.)
U.S. District Judge James Peterson later said he would assist England find an attorney to represent her on insurance coverage issues. It is unclear whether Peterson had a role in retaining Hirschhorn.
The plaintiffs supported England's request for counsel. In a court filing in September, Brent Jacobson, an attorney for the plaintiffs, said England would benefit from having a lawyer represent her as arguments are exchanged over whether she falls under the county's liability insurance.
The suit alleges, among other things, that England and the county deprived the family of their property interest in the body, destroyed or abused the body, caused negligent infliction of severe emotional distress and acted negligently.
Several family members have sought counseling because of England's conduct, according to the lawsuit.
The family filed the suit in Oneida County Circuit Court seeking unspecified damages, and lawyers representing the county later removed the case to federal court.
Both England and the county have either denied all of the family's principal legal claims or have asserted insufficient knowledge about the claims.
The deposition is scheduled for Jan. 2.
Jonathan Anderson may be reached at [email protected]
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