Posted on 05/25/2005 3:45:42 AM PDT by FlJoePa
Paternity issue stalls Delray shooting death claim talks By Rani Gupta
Palm Beach Post Staff Writer
Wednesday, May 25, 2005
DELRAY BEACH — A Royal Palm Beach man's last-minute paternity claim must be resolved before any civil settlement can be considered in the police shooting death of Jerrod Miller, a city-hired attorney said Tuesday.
Attorney Fred Gelston said he doesn't want to negotiate a settlement with Willie Gary, the Stuart attorney representing Jerrod's father, Kenneth Miller, until the court determines who represents the 16-year-old's estate.
Gary proposed Friday that the city settle for $7.5 million to avoid a lawsuit, but Gelston said he is unwilling to continue talks with Gary until legal issues are resolved.
"What I don't want is my client to be in a position where they pay money to X, and it turns out they have to pay money to Y," Gelston said.
Last week, attorney Patrick Cousins formally notified the city of Terry R. Glover's claim that he is Jerrod Miller's biological father and entitled to damages in his death.
No evidence links the 39-year-old truck driver to the teenager, whose birth certificate lists Kenneth Miller as the father, Gary said. Jerrod's mother, who died in 2003, named Kenneth Miller as the father in 1995 court documents and Miller paid her child support.
Gary could not be reached for comment Tuesday. He has said that it's clear that the birth certificate, court records and medical documents show Kenneth Miller as the father, and he believes the courts will uphold that.
"Our position is clear that the father is Kenneth Miller," Gary said Friday. "We just feel that it's not an issue and if we have some Johnny-come-lately who is just looking for money, the court system will deal with that."
Cousins said last week that Glover is willing to take a DNA test, but he has not tried to obtain a court order that would be needed to get a sample from the medical examiner's office. Cousins has said Glover never sought to establish paternity but that it was well known among family members.
Rookie officer Darren Cogoni shot Jerrod Miller as the unlicensed teenager drove through a school breezeway at a Feb. 26 dance.
Cogoni, who is on paid administrative leave, said he fired the shots because he thought other students were in danger, but a judge last month concluded after a public inquiry into the shooting that there was probable cause for prosecutors to charge the officer with a crime. State Attorney Barry Krischer has yet to decide whether to bring any charges.
Because Jerrod Miller died without a will, a judge must designate one person to serve as a representative. Only that person can file a wrongful death lawsuit and collect damages. In a letter to the city last month, Gary stated that Kenneth Miller was "in the process of being appointed Personal Representative."
Gelston said he wants proof before continuing talks with either attorney. Any settlement also would be subject to the approval of city commissioners.
Even if Glover could prove paternity, he probably would not be able to collect damages in Miller's death, said Charlotte Danciu, a Boca Raton attorney who specializes in adoption law.
A man listed on the birth certificate is legally considered the father, said Danciu, who is not involved with the Miller case. She predicted a judge would be unlikely to overturn that relationship for someone who's never tried to establish paternity before, especially after the child has died.
"After it's 16 years, I think it's probably going to be looked at as being too late, especially when his motive is money, not parenting," Danciu said.
This is so Jerry Springer.
Makes you wonder how often this happens.
-ccm
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