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Mancini family lawsuit ends with settlement
By Andrew Amelinckx
A lawsuit against Berkshire Medical Center alleging negligence in regard to the 2006 escape of William Demagall, the accused killer of George Mancini, a retired teacher from Hillsdale and rumored drug dealer, from its secure facility has ended in an out of court settlement.
The suit was filed by Judy Mancini, the widow of the victim allegedly murdered by Demagall 36-hours after he made his escape from BMC’s Jones III psychiatric unit in Pittsfield, Mass.
According to court records, Demagall told Sheriff’s investigators that he had picked the lock at the facility and had been secretly throwing his medication away.
“I learned to pick the locks going out into the courtyard. Then when I got into the courtyard I slipped through the bars and left,” Demagall allegedly said during the interview.
According to the victim’s daughter, Elysia Mancini-Duerr, the family was satisfied with the out of court settlement.
“For my brother and I, it wasn’t about the money,” she said. “It was more about making sure [Berkshire Medical Center] fixed the problems with its facility, which it did.”
Mancini-Duerr said the facility has since fixed the gate through which Demagall escaped, among other changes.
No exact date has been given for when the out of court settlement was finalized, but Mancini-Duerr believed it was within the last month.
Those involved in the agreement remain tightlipped about the suit’s resolution.
“There’s nothing I can say about it,” said Michael Leary, a spokesman for BMC.
The lawsuit was filed only days after the 2007 sentencing of Demagall and alleges that BMC’s negligence caused Mancini’s death. Demagall is also named in the suit.
The suit is for an undisclosed amount of money greater than $100,000, according to court records filed in the case.
On Feb. 11, 2006, Mancini was found dead in his home, stabbed 30 times. Demagall also allegedly struck Mancini repeatedly with a paperweight in a sock and also tried to set the body on fire according to police.
According to the Demagall’s father, Steven Demagall, Mancini was a “well known drug dealer,” but added that this was not an excuse for his tragic death.
Demagall’s family also blames the facility for what happened to Mancini.
Demagall was found guilty of second-degree murder in December 2007 and sentenced to 25 years to life by Columbia County Judge Paul Czajka in March of that year.
In April the Appellate Court overturned the conviction due to a procedural error concerning a missing witness charge.
After Demagall was indicted, but before the case went to trial, the Columbia County District Attorney’s Office, which was prosecuting the case, consented to attorney Richard Mott’s entry of a plea of not responsible by reason of mental disease or defect for his client. Their decision was based on a forensic psychiatric report by Dr. Stuart Kleinman that was prepared at their request.
Demagall had a three year history of “severe psychiatric problems” according to the Appellate decision.
Kleinman’s report indicated that Demagall had, in the doctor’s opinion, understood he was breaking the law, but couldn’t comprehend that his actions were wrong.
County Court rejected the plea based upon its interpretation of the law as providing that if the defendant knew his conduct was illegal, then he necessarily knew it was wrong. The case went forward.
When the case went to trial the prosecution decided not to use Kleinman, but instead produced psychiatrist Dr. Alan Tuckman, who opined to “a reasonable degree of medical certainty” that Demagall knew killing Mancini was both illegal and wrong.
Mott alleged that County Court erred when it refused to give a missing witness charge and when he wasn’t allowed to point out in his summation that Tuckman wasn’t the first psychiatrist used by the prosecution to evaluate his client.
The Appellate decision states that the prosecution’s failure to call Kleinman met the preconditions for a missing witness charge.
A retrial date has been set in the case, which is now before Judge Jonathan Nichols, with jury selection set for Nov. 30. As of last month, Mott continued to maintain hope that this time it wouldn’t have to go to trial.
To reach reporter Andrew Amelinckx call 518- 828-1616, ext. 2267 or e-mail aamelinckx@registerstar.com.
The suit was filed by Judy Mancini, the widow of the victim allegedly murdered by Demagall 36-hours after he made his escape from BMC’s Jones III psychiatric unit in Pittsfield, Mass.
According to court records, Demagall told Sheriff’s investigators that he had picked the lock at the facility and had been secretly throwing his medication away.
“I learned to pick the locks going out into the courtyard. Then when I got into the courtyard I slipped through the bars and left,” Demagall allegedly said during the interview.
According to the victim’s daughter, Elysia Mancini-Duerr, the family was satisfied with the out of court settlement.
“For my brother and I, it wasn’t about the money,” she said. “It was more about making sure [Berkshire Medical Center] fixed the problems with its facility, which it did.”
Mancini-Duerr said the facility has since fixed the gate through which Demagall escaped, among other changes.
No exact date has been given for when the out of court settlement was finalized, but Mancini-Duerr believed it was within the last month.
Those involved in the agreement remain tightlipped about the suit’s resolution.
“There’s nothing I can say about it,” said Michael Leary, a spokesman for BMC.
The lawsuit was filed only days after the 2007 sentencing of Demagall and alleges that BMC’s negligence caused Mancini’s death. Demagall is also named in the suit.
The suit is for an undisclosed amount of money greater than $100,000, according to court records filed in the case.
On Feb. 11, 2006, Mancini was found dead in his home, stabbed 30 times. Demagall also allegedly struck Mancini repeatedly with a paperweight in a sock and also tried to set the body on fire according to police.
According to the Demagall’s father, Steven Demagall, Mancini was a “well known drug dealer,” but added that this was not an excuse for his tragic death.
Demagall’s family also blames the facility for what happened to Mancini.
Demagall was found guilty of second-degree murder in December 2007 and sentenced to 25 years to life by Columbia County Judge Paul Czajka in March of that year.
In April the Appellate Court overturned the conviction due to a procedural error concerning a missing witness charge.
After Demagall was indicted, but before the case went to trial, the Columbia County District Attorney’s Office, which was prosecuting the case, consented to attorney Richard Mott’s entry of a plea of not responsible by reason of mental disease or defect for his client. Their decision was based on a forensic psychiatric report by Dr. Stuart Kleinman that was prepared at their request.
Demagall had a three year history of “severe psychiatric problems” according to the Appellate decision.
Kleinman’s report indicated that Demagall had, in the doctor’s opinion, understood he was breaking the law, but couldn’t comprehend that his actions were wrong.
County Court rejected the plea based upon its interpretation of the law as providing that if the defendant knew his conduct was illegal, then he necessarily knew it was wrong. The case went forward.
When the case went to trial the prosecution decided not to use Kleinman, but instead produced psychiatrist Dr. Alan Tuckman, who opined to “a reasonable degree of medical certainty” that Demagall knew killing Mancini was both illegal and wrong.
Mott alleged that County Court erred when it refused to give a missing witness charge and when he wasn’t allowed to point out in his summation that Tuckman wasn’t the first psychiatrist used by the prosecution to evaluate his client.
The Appellate decision states that the prosecution’s failure to call Kleinman met the preconditions for a missing witness charge.
A retrial date has been set in the case, which is now before Judge Jonathan Nichols, with jury selection set for Nov. 30. As of last month, Mott continued to maintain hope that this time it wouldn’t have to go to trial.
To reach reporter Andrew Amelinckx call 518- 828-1616, ext. 2267 or e-mail aamelinckx@registerstar.com.
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Babs wrote on Nov 12, 2009 12:18 PM: