Published Jan. 9, 2013, at SJ-R.com and in The State Journal-Register
By Jayette Bolinski
A federal lawsuit pending for nearly five years against Sangamon County Jail officials over the death of Paul Carlock, an accused pedophile who performed as “Klutzo” the clown, is headed for mediation.
What mediation means for the high-profile case is unclear. It may or may not lead to settlement of a lawsuit that has cost Sangamon County about $2 million in legal fees so far.
Carlock’s widow and executor of his estate, Mary L. Andreatta-Carlock, filed a motion for mediation Friday, noting that the case has been pending for years, that the county agreed to mediate in good faith and that the county has “limited monetary authority to settle this case.”
Her attorneys could not be reached Wednesday.
Andy Ramage, attorney for Sangamon County Sheriff Neil Williamson, said mediation is simply an opportunity for both sides to get together with a neutral party to discuss their case.
“It may or may not be the end of this case,” he said. “There’s no way to know until we go through the process. We’ve agreed to hear what the plaintiff has to say.”
The lawsuit, which accuses jail officials of failing to provide proper medical care to Carlock, has been pending since March 2008.
Carlock, 57, of Springfield, was arrested in October 2007 on federal child pornography and molestation charges. He was accused of going to the Philippines to photograph naked boys and of sexually abusing three boys there. Investigators allegedly found pornographic photos on Carlock’s digital camera and laptop computer as he returned to the United States.
Carlock denied wrongdoing, but he never got a chance to defend himself before a jury.
A diabetic who also struggled with depression, Carlock lost at least 40 pounds while in custody, according to his family. He’d been hospitalized for 11 days between his arrest and being taken to the jail.
Jailers were taking him to the hospital again on Nov. 16, 2007, when Carlock began struggling with guards. One guard put his weight on Carlock while he was facedown on the floor, and another shocked Carlock with a Taser after he was handcuffed, the suit alleges.
Williamson has denied any wrongdoing by the jail staff.
A blow to the family’s case came in September, when a federal judge sided with the county on a matter involving alleged missing emails from the jail.
The Carlock estate accused the county of intentionally destroying emails and other electronic information that could have shed light on the case. But U.S. Judge Sue Myerscough, after numerous hearings on the matter, ruled the county did not intentionally destroy emails or data about the case and that no relevant evidence probably existed among them anyway.
The county’s legal bills for the case now stand at $2 million, Sangamon County administrator Brian McFadden confirmed Wednesday.
U.S. Magistrate Judge David Bernthal is overseeing the mediation process. He is to speak with attorneys on both sides next week to schedule a date for the mediation, according to court records.