Senate gives initial approval to Valentino bill to help ‘cold case’ families

Posted: March 23, 2016 | Judiciary, Senator Valentino

AUGUSTA — The Maine Senate on Tuesday gave unanimous support to extend the statute of limitations for civil actions filed by the families of unsolved homicide victims.

Currently in Maine, a family of a homicide victim has only a 2 year window from the date of the victim’s death for bringing civil actions. The bill, LD 1605, would give families a window of 6 years from the time the victim’s family becomes aware that there may be a cause of action against a defendant.

The bill was sponsored by Sen. Linda Valentino, D-Saco, who has championed justice for homicide victims and their families. Valentino successfully fought for the creation of the Unsolved Homicide Unit, which was formed this year to continue investigating so-called “cold cases.”

Valentino said LD 1605 was another crucial piece of the puzzle for victims’ families who are still awaiting justice.

“Families of victims have told me time and time again that the statute of limitations is just too short,” said Sen. Valentino. “More often than not, investigations have not concluded within the two-year limit for civil lawsuits. That means families seeking legal recourse have to either forego civil action or take action before they’re ready. My bill brings fairness to the system for families, no matter how quickly a homicide is solved.”

For families of homicide victims whose cases go unsolved for a number of years, the extended statute of limitations gives more time for further evidence to be gathered – they may not know against whom to bring a civil action within the current 2 year timeframe.

Lise Ouellette, who continues to await her daughter’s murder to be solved, wrote in support of the bill, saying that “it’s been 17 years since Ashley passed but I had to file civil suit just within the two years of her passing.”

The bill earned the unanimous support of the Judiciary Committee, and has the support of Attorney General Janet Mills. It faces further action in the House and Senate.

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