House Bill 3546 "Kari's Law"

Diligent. Steadfast. Resolute. Gutsy. Wise. Loving.

While these words are often used to describe Kari's loving and dedicated family, today I am using these words to describe Tom and Jan Purdy. It is because of their deep love, amazing efforts and heartfelt tenacity over the last year, that House Bill 3546 has been introduced to the Texas House of Representatives' floor.

You may not recognize the bill by the name of House Bill 3546 so let's call it by its original name......."Kari's Law." Our Texas House Representative, Charles "Doc" Anderson, of McLennan County has introduced House Bill 3546 to the floor.

There was an editorial in the Waco Tribune Herald on Wednesday, March 23 titled "EDITORIAL: Giving greater meaning to Kari Baker's life and death is now up to state legislators." I can't link it because I don't have a paid subscription to view online. But a couple great points on there:

The Purdys based their uphill campaign on a 2010 story by then-Tribune-Herald staff writer Erin Quinn about how local justices of the peacehave sole discretion on whether to order autopsies, even if they lack credentials to know better. JPs get about six hours of training in determining the causes and circumstances in a death — hardly reassuring.

and

We remember seeing bumper stickers on cars and trucks at Matt Baker’s January 2010 trial: “Justice for Kari.” However, if the wisdom behind this bumper sticker isn’t embraced by Texans for the benefit of other victims and their families, we will have sold justice short. “If this need isn’t met, something like this could happen again,” Tom Purdy told us this week. “It is too easy to commit murder, make it look like suicide and get away with it.”

And from the blog Central Texas Personal Injury Trial Lawyers, comes the following info:

Texas law at that time stated that an “inquest meant an investigation into the cause and circumstances of the death…, and a determination, made with or without a formal court hearing, as to whether the death was caused by an unlawful act.” Texas Code of Crim. Pro §49.01. Moreover, a justice of the peace could conduct the “inquest…at any other place determined to be reasonable by the justice.”

In the Baker case, this meant that the presiding justice of the peace was able to investigate Kari Baker’s death and determine the cause via a late night phone call from the responding police officers without getting out of bed. Finally, a justice of the peace had the sole discretion of whether to order an autopsy. Texas Code of Crim.
Pro §49.10.

With all of the other duties of a justice of the peace –performing marriages, issuing warrants, setting bail, conducting criminal and civil trials-it seems that determining death is one duty that should be void of discretion and ultimately up to a medical professional. Accordingly, this Bill and its author are worthy of support.

AMEN!!!

So.......you're sitting there asking, "What can I do to help?" Glad you asked. If you live in Texas, you can call your representatives and voice your support. A simple, quick phone call saying, "My name is ______ _______ and I live in ______, TX. I want to voice my support of House Bill 3546." They note it AND IT MAKES A DIFFERENCE!

The Waco Tribune Herald editorial lists our representatives for us in McLennan County to call.
State Representative Charles "Doc" Anderson, R-Waco:
House District 56
Capitol Office: EXT E2.502
Capitol Phone: (512) 463-0135
Capitol Address: P.O. Box 2910Austin, TX 78768
District Address: 900 Austin Avenue, Suite 804Waco TX 76701
Phone: (254) 754-3892

State Representative Marva Beck, R-Centerville:
House District 57
Capitol Office: EXT E1.310
Capitol Phone: (512) 463-0508
Capitol Address: P.O. Box 2910Austin, TX 78768
District Address: P.O. Box 2910Austin TX 78768

Senator Brian Birdwell, R-Grandbury:
Senate District 22
Capitol Office: EXT E1.708
Capitol Phone: (512) 463-0122
Capitol Address: P.O. Box 12068, Capitol Station Austin, TX 78711
District Address: 900 Austin Ave, Suite 500Waco TX 76701
Phone: (254) 772-6225

If you live in Texas, you can look up your representative's contact info at the Texas Legislature Online. Look about half way down on the right, blue box and put your address in and it will give you the names and contact info of your representatives. If you can, take 5 minutes to make a couple quick calls. They need to know this is a very, very important bill to their constituents.

It looks like there's a way on the TLO site that you can track a bill. I'll find out how and post that here for you all so you can keep up to date on this bill on its way to becoming law!

"Kari's Law" in the news again!

JAN AND TOM PURDY: Couple pushes for autopsy law
San Angelo Standard Times

"An illuminating article in the Feb. 7 Waco Tribune-Herald revealed that in the first year a justice of the peace receives only six hours of training in determining deaths. With all the other duties of a justice of the peace — performing marriages, issuing warrants, setting bail, conducting criminal and civil trials — it seems that determining death is one duty that should be void of discretion and ultimately up to a medical professional.

Since causes of death are not always obvious, especially when criminals go to great lengths to deceive law enforcement officers, 'Kari’s Law' would require either a full or partial autopsy in cases where a person dies as a result of suicide.

Texas does not need to experience another State v. Baker, and Texas families should not have to request a formal inquest hearing to find the truth." (read more)

I'm sorry. It seems my links to the letters you can write for Kari's Law up on the top right column are broken. I think I need to re-load the letters to GoogleDocs. Will do so and let you know when they are ready again. Passing "Kari's Law" would save sooooooo many families the years of angst and injustice that Kari's family had to endure. This is something worth printing and signing a letter for. Justice for Kari can equal justice for so many others!

Editorial article found in the Baylor University Lariat. Thanks for attention to "Kari's Law," Claire.

Editorial: Texas legislators should comply with Waco family's push for 'Kari's Law'
Claire Taylor
Baylor Lariat Staff

"The question of how many other similar cases exist and have been overlooked as a result of the current Texas law is an unsettling one. While an autopsy cannot provide all the answers needed in a murder case, it can at least serve as a deterrent to those thinking of masking a murder as a suicide in the future.

Regardless of what the "right" answer may be, this is an issue that needs to be addressed. Citizens are concerned enough about it to bring it to the attention of legislators, and our lawmakers should ensure that the proper consideration be given to it. It is obvious that the current system has failed, so a healthy dialogue about this is certainly in order."

The article is also about the Purdy's letters to Justice of the Peace Billy Martin and other state and local officials about "Kari's Law." Don't forget to mail your letters if you haven't already. The links to download the letters are on the top of the right column here on the blog. Thank you all for your support, encouragement, dedication and letter-writing for this potentially life-saving law.


*Thanks to "News" for finding this and letting me know. ;)

Editorial in today's Waco Tribune Herald

This is an EXCELLENT editorial that can be found at WacoTrib.com.

EDITORIAL: After Matt Baker case, law should require deaths undergo autopsy before ruled suicide

"But what if the Dulins hadn’t been so driven in their efforts to reopen the case? What if the death of Kari Baker — drugged, then suffocated to death by her husband — had been allowed to fall through the cracks, with little in the way of an inquest or meaningful investigation? How many cases, we now wonder, are missed because they lack determined advocates such as the Dulins?"

"Tom and Jan Purdy, of Waco, friends of the Dulins and privy to their uphill battle to reopen the investigation, are now pushing what they and others call “Kari’s Law,” which would require autopsies in such cases rather than leave the decision to authorities who are possibly overburdened with yet other duties (including issuing warrants, conducting marriages or setting bail) or are simply ill-equipped to make these critical decisions themselves."

"The idea certainly rates thoughtful consideration by lawmakers, especially considering that justices of the peace are elected positions, occupied by individuals who range widely in terms of competence, wisdom and knowledge. Many are excellent, some are not. And many do have other taxing duties." (read more)

Please click on the link and read the editorial. It's hard to pick just a couple quotes from such a richly written article.

Waco couple pushes for 'Kari's Law'

Waco couple pushes for 'Kari's Law' to make autopsies mandatory for suspected suicides
Erin Quinn
WacoTrib.com

"A retired Waco couple is pushing state officials to amend Texas law in honor of 31-year-old Hewitt teacher Kari Baker, whose husband almost got away with murder by making her death look like a suicide.

Tom and Jan Purdy wrote a letter this week to 14 local and state officials urging them to back 'Kari’s Law,' which would mandate that an autopsy is conducted on any suspected suicide." (read more)

There are so many, many things that could have been done differently at Kari's crime scene that would have alleviated all the extra pain of the last four years and money spent gaining eventual justice for Kari. There has to be change. Change in the laws. And change in the hearts and minds of those whose paychecks are signed by the taxpayers of McLennan County. Autopsies for apparent suicides. Great! Local ME's office. Great! Person in charge of declaring a suspicious death of a young, healthy, vibrant 31-year old woman to be murder or suicide getting out of bed and showing up at what could be a crime scene..........FREE!

A comment on another website brings up the cost of autopsies....and how McLennan County would be picking up the tab on those. It costs approximately $2,000 to send a body to Dallas for an autopsy. I'm sure if we had our own ME and could do the autopsies locally, it would be much less plus as someone pointed out on the WacoTrib article, McLennan County would be able to make money by offering surrounding counties a closer ME's office for their autopsies. Okay. How much county funds were spent bringing Kari's murderer to justice? How much Dulin funds were spent investigating this case to a point where it was looked at by the District Attorney's office? How many autopsies could have been done with that money? Hundreds? Thousands? Erin reports there are approximately 25 suicides in McLennan County per year. You can do the math.

Can those involved in handling Kari's murder scene and eventual investigation look into Kari's daughters' eyes, hold their hands, and say that they did everything for their mother that they would have done for one of their very own family members? I personally know many of them that could. There are many more that it's obvious didn't even come close. What level of commitment do YOU want from your elected officials and law enforcement personnel if they were investigating YOUR mother or daughter's death?

If things are done right to begin with, not only do we save hundreds of thousands of dollars, we also save the mothers and fathers, siblings, grandparents, aunts, uncles, cousins and children of murder victims years of grievous hell on earth. And you can't put a price tag on that.

"Kari's Law"

On top of amazing and answered prayers, you all have been asking what more you can do to help. I have an answer! Tom and Jan Purdy, fellow church members with the Dulins at Calvary Baptist Church, have started an amazing campaign working to pass “Kari’s Law.” If a law like this could be passed, it would save COUNTLESS families from tragedies like the Dulins went through on top of and after the murder of their daughter, Kari. Not only that, it could even prevent some of these horrible murders set up to look like suicides if the potential murderer knew that their intended acts would be analyzed and investigated and not set aside for years and possibly never even questioned or looked at. Had a law like this been in place when Kari was murdered, it would have saved hundreds of thousands of dollars spent investigating and fighting for justice, both out of the Dulins’ pockets and the county’s pockets. It would have saved almost four years of agony and uncertainty for all involved. Kensi and Grace would never have had to live with the grievous lie that their mother left them of her own hand. Had a law like this been in place, Matt might not have even had the audacity to carry out Kari’s murder at all. “Kari’s Law” could be life saving!

The Purdy’s have drafted two letters. One is addressed specifically to Justice of the Peace Billy Martin. The other is to be sent to thirteen elected officials and some local legal experts as well. With just a little time and a few bucks for ink and postage, you can be a HUGE part in bringing about Kari’s Law. Let’s flood these offices with our letters and support and make this happen. It will honor Kari’s memory. It will save lives.

Here is a portion of one of the letters:

"We’re writing you because Texas law regarding “deaths requiring an inquest” must be changed and you can do something about it. See Texas Code of Crim. Pro §49.01 et. seq.

The tragic example necessitating this change is the case of Texas v. Matt Baker. As you know, in that case Matt Baker was found guilty of murdering his wife Kari by drugging her and then suffocating her with a pillow. During the trial, the evidence revealed that Baker staged the murder scene to make the responding officers believe Kari’s death was a suicide. An autopsy was later performed, but only after a formal inquest hearing was granted and after Kari had been interred. If, however, a full or partial autopsy would have been a mandatory requirement for apparent suicides, like it is in other states such as Oklahoma or Georgia, crucial evidence against Mr. Baker would have been better preserved.

As it stands, current Texas law states that a justice of the peace shall conduct an “inquest into the death of a person who dies if the person commits suicide or the circumstances of the death indicate that the death may have been caused by suicide.” Texas Code of Crim. Pro. §49.04. An “inquest means an investigation into the cause and circumstances of the death…, and a determination, made with or without a formal court hearing, as to whether the death was caused by an unlawful act.” Texas Code of Crim. Pro §49.01. Moreover, a justice of the peace can conduct the “inquest…at any other place determined to be reasonable by the justice.” In the Baker case, this meant that the presiding justice of the peace was able to investigate Kari Baker’s death and determine the cause via a late night phone call without getting out of bed. Finally, a justice of the peace has the sole discretion of whether to order an autopsy. Texas Code of Crim. Pro §49.10.

An illuminating article in the February 7, 2010 Waco Tribune-Herald revealed that a justice of the peace receives only six hours of training in determining deaths. With all of the other duties of a justice of the peace –performing marriages, issuing warrants, setting bail, conducting criminal and civil trials- it seems that determining death is one duty that should be void of discretion and ultimately up to a medical professional. The same article revealed that in 2009 the County spent approximately $160,000 on autopsies, all of which had to be conducted in Dallas because McLennan County is not required by law to have a medical examiner. While the point of “Kari’s Law” will be to eliminate the discretion in determining death and put that in the hands of a medical professional it seems that McLennan County should be able to hire a medical examiner based on the amount of funds that are already being expended to send these crucial cases to Dallas.

Accordingly, we are asking that you advocate for “Kari’s Law.” Since causes of death are not always obvious, especially when criminals go to great lengths to deceive law enforcement officers, “Kari’s Law” would require either a full or partial autopsy in cases where a person dies as a result of suicide. Texas does not need to experience another State v. Baker, and Texas families should not have to request a formal inquest hearing in order to find the truth."

NOTE: The docstoc.com site wasn't working right. I have uploaded these documents to Google Docs and it seems to be working fine. OR you can email me and I will attach them in my email reply. There will be some instructions in bold print at the top of each letter you download. After you make the appropriate changes to customize your letters, don’t forget to delete the instructions at the top. Thanks so much!

"Kari's Law" - General Letter

"Kari's Law" - Letter to Justice of the Peace Billy Martin