Wednesday, January 05, 2000
Police widow waits for death-benefits appeal
Other income may hurt claim
BY MICHAEL HAWTHORNE
Enquirer Columbus Bureau
COLUMBUS — The widow of Cincinnati Police Officer Daniel Pope still has a chance to collect crime victims' compensation from the state. But state officials said Tuesday an award from the state fund is unlikely given other benefits Linda Pope has received.
Those benefits weren't considered when Ohio Attorney General Betty Montgomery's office recommended that Mrs. Pope's claim be denied. Instead, the attorney general determined it was invalid because Mrs. Pope didn't have “direct awareness” of her husband's December 1997 slaying, nor did she witness the immediate aftermath.
A final decision on the claim will be made by the Ohio Court of Claims, the arbiter of awards made through the $31 million Victims of Crime Compensation Act.
“We don't rubber-stamp the attorney general's recommendations,” said Daniel Borchert, deputy clerk of the claims court. “In a case like this, it depends on the facts and circumstances.”
Mary Webster, a program spokeswoman, said Mrs. Pope's claim could become a test for future cases, similar to a 1989 claim that established the legal standards used by the attorney general's office to recommend denial of Mrs. Pope's claim.
In that case, the court of claims determined a Youngstown-area man was eligible for benefits after he found his badly beaten son in a field.
For a person who didn't directly suffer from a crime to qualify, the court ruled they must meet three criteria: Have a close relationship with the crime victim; have direct awareness of the crime or immediate aftermath; and sustain “psychological injury so severe that it impeded or prohibited the person from doing or enjoying his or her day-to-day activities.”
Officer Pope, 35, and his partner, Spc. Ronald Jeter, 34, were shot by a man they were trying to arrest on a domestic violence warrant.
“In this (Mrs. Pope's) case, the applicant did not have direct awareness of the crime, nor did she come upon the immediate aftermath,” according to the attorney general's recommendation. “Therefore, the attorney general recommends that the claim be denied.”
Mrs. Pope is appealing the attorney general's recommendation to the Court of Claims.
“No, I wasn't in the room where my husband was murdered, and if that disqualifies me as a victim, thank God,” she wrote in her appeal. “But I think your guidelines need some serious overhauling. I am the surviving victim of a brutal murder. What more do you need?”
After receiving a letter from Mrs. Pope explaining her situation, State Sen. Mark Mallory, D-Cincinnati, said he plans to introduce legislation that would change the definition of victim under the law.
Senate President Richard Finan, R-Evendale, said he also received a letter from Mrs. Pope. But he cautioned against making any sudden changes in the program.
“I understand this is a very emotional situation, but it's not my job to get in the middle of these things,” Mr. Finan said. “I want to make sure we don't open the door to a string of claims that could end up depleting the fund.”
Even if Mrs. Pope met the test established by the Court of Claims, she might not have qualified for crime victims' compensation because of other death benefits she has received.
Mrs. Pope and the family of Spc. Jeter each have received lump-sum payouts of $200,000 — including $20,000 from the city and $3,500 from the Ohio Bureau of Workers' Compensation set aside for funeral costs.
The families also are entitled to annual death benefit payments. The initial one was $69,000.
Christopher Davey, a spokesman for Ms. Montgomery, said the attorney general's office wasn't aware of those benefits when it recommended in July 1999 that the Court of Claims approve a second crime victims' claim filed by Mrs. Pope in the name of her late husband.
In that case, the attorney general concluded Mrs. Pope was eligible for the maximum $50,000 award to compensate her for economic losses from her husband's death. But the attorney general's office asked to review the case again Monday and may recommend denial of the award because “Mrs. Pope has other sources of income,” Mr. Davey said.
City workers renew bias claims
4 hospitals overwhelmed, divert patients away
Tornado damage heavy, not deadly
Area recovering from storm drenching
Flynts give up on downtown shop
Police widow waits for death-benefits appeal
Rhodes, Luebbers won't run for commissioner
Settlement reported near in jail death
2 students arrested in bomb report
Killer's sister gets probation for help
Ohio Girls Scouts offer new cookie
Patton address highlights workers
Dems add asterisk to GOP-led Senate
N.Ky. gets prime Senate seat
Queen City's moments to shine reflected in book
Cleveland polishes musical gem
Six weeks of programs marks hall reopening
Theaters only one act in Cleveland rebirth
10 health tips for 2000
Work to make sex fun, doctor tells women
GET TO IT
Santana works his magic with 10 Grammy nominations
Three Cincinnatians honored as arts patrons
Who wants to watch a game show?
25-year-old charged with murder
Bus ad suit renewed
Edgewood schools tap Slone as new treasurer of district
Erlanger police get new office
Fire heavily damages Indian Hill house
Firefighter kicked out of training program
Funeral today for 4 family members
Indiana budgets $1.4M to curb problem gambling
Law: Review of police limited
License penalty reviewed
Mayor bows out as candidate for recreation job
Middletown commissioners select Sennet as chairman
New Y offers options for all
Rec center is a local asset
Schools find little savings after audit
TRISTATE DIGEST
