Kentucky Supreme Court Hearing, Dec. 10, 2025
We had a five-day trial for the wrongful death of Luke in Oct. 2022. Unless you have been involved in this kind of court case, you can't imagine the emotional toll it takes on the families and victims. For five long days, my children and I had to recount in detail our final day and moments.
We listened to defendants commit perjury during their testimony and then the health professionals (who are compensated for their testimony) would victim blame and minimize the death of Luke because of his family history of heart disease. They cross examined each of us looking for anything negative in our relationships or with his character or physical ability that would sway the jury in their defense and try to justify his untimely death.
In our defense, we could prove that Luke was probably more active than most 47-year-old men because he and all three of our sons participated in sports growing up and Luke played basketball regularly with the boys and their friends. They wanted to know if he mowed his own grass and even called his former employer to testify to see what kind of employee he was or if he ever had any health issues that impaired his work activity. Of course, they scrutinized his doctor records, and we could prove that Luke was under the care of his physician for managing his high blood pressure and cholesterol and that there were no major concerns from his physician leading up to his death.
I share all this just to point out how victim blaming comes into play in these kind of cases. The fact of the matter is that protocols and procedures where not followed and faulty equipment was involved. It should not matter if Luke led an active or inactive lifestyle, whether he was considered fit or obese, or whether he was 47 or 87. On that night, he was having a heart attack and we called 911 to respond and they showed up with faulty equipment and failed to follow protocols.
The jury was deadlocked at our trial which resulted in a mistrial and for the past 3 years the defendants have continued to seek dismissal. We just learned that the Kentucky Supreme Court of Appeals will hear oral arguments from both sides on December 10, 2025. If they justices rule in our favor, we will be afforded the right to have a second trial. If they rule in the defendant's favor, our case will be dismissed... end of story.
We have absolutely no control over the outcome of this court case, but I can continue to advocate for policy changes that will ensure that no other family has to endure what we have experienced. Thank you again for your support in this petition. Below is the article written by our local paper that recaps our trial.