Saturday, July 01, 2000
Judge rules for inmate
Court date allows convicted killer to fight for money
By Dan Horn
The Cincinnati Enquirer
Convicted killer Johnny Lee Fryman will soon be in court to fight with his victim's family over $50,000.
A judge ruled Friday that Mr. Fryman, now in custody at the Warren Correctional Institution, should be allowed to attend a hearing that will determine who gets the money.
Johnny Lee Fryman
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Common Pleas Judge Norbert Nadel postponed the hearing until August so Mr. Fryman could personally make his appeal to the court.
“He has a right to be here,” said his lawyer, Richard Swope.
Mr. Fryman is fighting to keep control of the $50,000 he recently won as part of a court settlement for inmates who were hurt in the 1993 Lucasville prison riot.
He claims relatives of his victim, Monica Lemen, are not entitled to the money, even though they won a $1 million wrongful death case against him years ago.
Ms. Lemen's mother, Patricia, has asked the court to seize the money as part of the $1 million judgment.
The original lawsuit sought damages on behalf of Monica Lemen's parents and grandparents.
But Mr. Fryman claims he was not properly notified of the Lemens' lawsuit and is not subject to the judgment. He also argues that the 1988 lawsuit is no longer valid.
“It will be interesting to see what he has to say,” said C. Thomas Dupuis, an attorney for Patricia Lemen. “He has a right to tell his story.”
Mr. Fryman is serving a life sentence for killing the 21-year-old Price Hill woman in 1987. Prosecutors say he then severed her legs and hid her body.
Her legs were found behind a church in Indiana. The remainder of her body never has been found.
After winning the wrongful death suit, Ms. Lemen's mother was unable to collect money because Mr. Fryman had no assets.
But Mr. Fryman, who was stabbed and beaten during the prison riot, recently became part of a $4.1 million settlement with the state. His share is about $50,000.
Ms. Lemen's family immediately moved to seize the money as part of the $1 million wrongful death judgment.
Ms. Lemen's aunt, B.J. Haussler, said the main goal is to prevent Mr. Fryman from using any of the money for himself. He has told his attorney that he wants to put it toward his attorney fees or his account at the prison commissary.
“He doesn't deserve half the privileges he already has,” said Ms. Haussler, who is not part of the wrongful death lawsuit.
“I just don't want to see him get any money. Not one copper penny.”
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