Mr. Zajac:
You might not like my opinion, but like any other humble citizen in the U.S.A. I am allowed to have it. You are a lawyer and you chose to take on a very unpopular case (the Danieal Kelly thing) as a matter of free will, correct? You will be compensated for your work on this case, correct? 33.3 percent is what the Daily News is reporting, right?
So this is the case of now representing an estate of a minor child who dies without a legal will, correct? So can you say with absolute certainty that those blood-sucking parents would never, ever see a dime as her parents? I don't think you can, can you?
As I see it, you had a choice to say no here since this is a civil action. You didn't. So now you and your co-counsel have other lawyers acting as mouthpieces? What is next a publicist? Do any fees accrued for these efforts get added into whatever settlement might hope to be achieved? Therefore, if say money goes to the remaining siblings now on taxpayer dime in the foster care system, don't additional expenses incurred by counsel [i.e. you and your pal] eat into whatever monies you were hoping to gain?
And I still don't get it, how can you sleep at night and take a case like this? The people you represent killed their child. No one held a gun to their head and made them do it. They chose to do it. And all the while they were doing that, they kept popping out babies like hampsters - children the taxpayers are now responsible for supporting. Andrea and Daniel Kelly should be spayed and neuteured. Yes, they should be fixed so they can't spawn anymore.
Mr. Zajac, you made a tactical career error here, and I almost feel sorry for you...except, I now wonder how does this affect your ability to be what Radnor Township needs in a School Board member? It lends itself to judgement, does it not?
Mr. Zajac, do the right thing: drop out of this case. It's worse than a dog with fleas. It's a loser of a case that will haunt you forever, isn't it? Which do you value more: helping the children you were elected to help by getting voted on Radnor's School Board, or hanging onto this case?
OK, well here are the articles which made me think:
Delco Times: Lawyers: Lawsuit aims to assist teen's siblings
By: MaryClaire Dale, Associated Press08/19/2008
PHILADELPHIA - Responding to a furor over their wrongful-death suit, lawyers for the estate of a disabled girl who died of starvation said Monday they did not sue Philadelphia officials in an effort to enrich the parents.
The lawyers say the suit against the city's child-welfare agency and others is designed to benefit Danieal Kelly's 11 siblings, eight of whom are now in foster care.
However, the lawyers acknowledged at a press conference that parents Andrea and Daniel Kelly could win damages if they are cleared of criminal and neglect charges in their teen daughter's death.
The parents have pledged to turn over one-third of any settlement a judge might award them to the siblings, lawyers Brian Mildenberg and Eric Zajac said. Zajac is also a member of the Radnor Township School Board.
The lawyers demanded an apology from Philadelphia Mayor Michael Nutter, who has called the suit "insane, obscene and disgusting," and from District Attorney Lynne Abraham, who suggested the "money-grubbing" parents want to get rich from Danieal's grim death.
Abraham's office issued the harrowing, 258-page grand jury report last month that charged the parents, four city social workers and three family friends with criminal wrongdoing. Andrea Kelly, 39, is charged with murder in her daughter's death, while noncustodial father Daniel Kelly of Darby is charged with child endangerment.
Danieal Kelly, 14, who suffered from cystic fibrosis, was denied food, water, medical care and education, and was overlooked by case workers assigned to monitor the family, the report charged. She weighed just 42 pounds and had bone-deep, maggot-infested bedsores when she died in August 2006 in her mother's squalid home.
Posted on Wed, Aug. 20, 2008
Letters: A NEGATIVE REACTION TO THE KELLY SUIT
Philadelphia Daily News
IREAD the front-page story on Aug. 12 about the "wrongful death" lawsuit filed on behalf of Daniel and Andrea Kelly.
I'm sure lawyers Brian Mildenberg and Eric Zajac know what these "parents" did to that innocent angel. And I'm sure they saw the photos of the atrocities inflicted on her small body.
Now, two years after her horrific death, they are representing individuals who saw this little girl as nothing more than a hindrance - and with this lawsuit, the abuse seems to continue, even after death.
Posted on Tue, Aug. 19, 2008
Lawyers who filed Danieal suit rise to own defense
By JULIE SHAW
Philadelphia Daily News
215-854-2592
A LAWYER retained by an attorney who has filed a civil suit against the city, the Department of Human Services and others in the case of 14-year-old Danieal Kelly, yesterday told reporters that his client and another attorney "deserve our applause, not our criticism, not our vitriol."
George Bochetto, a prominent city attorney, also asked Mayor Nutter and District Attorney Lynne Abraham to apologize to his client, Brian Mildenberg, and to Eric Zajac, co-counsel in the suit, for their comments last week following publicity and outrage over the lawsuit, first reported by the Daily News.
"They [the mayor and the D.A.] have gone too far when they blame these two fine young lawyers as being part of the problem; they are part of the solution," Bochetto said at a news conference at his Center City office, with Mildenberg at his side, and Zajac and public-relations specialist Frank Keel standing nearby.
Bochetto also insisted yesterday that the lawsuit, which they stress was filed on behalf of the estate of Danieal Kelly, was done to serve the parents' other children, not to benefit the parents.
Inside Today's Bulletin
Lawyers Defend Wrongful Death Suit Against City
By: Jenny DeHuff, The Bulletin
08/19/2008
Philadelphia - Lawyers hired to represent Danieal Kelly's estate rebutted criticisms yesterday they had been hired only to enrich her parents and take advantage of the tragic situation. They said the press and city officials have gotten the story all wrong.
Center City trial lawyer George Bochetto said, if monies were awarded in the wrongful death lawsuit brought against the city, the girls' siblings could get a cut.
During a Center City news conference, the attorney attempted to clear the air about the lawsuit brought against the city's Department of Human Services.
Mr. Bochetto demanded a public apology from the mayor, the district attorney and the local media for "their factually inaccurate and intentionally inflammatory reporting" of Ms. Kelly's death case.
Last week, Mr. Mildenberg hired Mr. Bochetto to help him address claims about the media's and the city's depiction of his representation of the girl's estate as well as her parents. Mr. Mildenberg claims to have received death threats, and his reputation has allegedly been smeared, even though he admitted the wrongful death suit could amount to monetary damages for Ms. Kelly's parents.
Mr. Mildenberg and Eric Zajac, the two lawyers hired in the civil suit, acknowledged Andrea and Daniel Kelly could potentially benefit should they be exonerated from pending criminal neglect and homicide charges. The lawyers claim to have negotiated, with Ms. Kelly's parents, a settlement of one-third of any judgment to a trust fund for her 11 siblings.
"The siblings of young Danieal Kelly are entitled to compensation," Mr. Bochetto told the press. "I don't think I have to tell anybody just how destitute and poor these siblings are."
Any monetary decision for the children would be contingent on the parents' receiving an award.
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I don't really care what argument Zajac's hired mouthpiece says about how everybody has it wrong and Zajac is only seeking to help the children.
The fact is that Zajac represents Radnor and the Main Line as a member of the Radnor School Board. There are some legal cases that are so politically explosive and that have so many negative connotations that it is only common sense that a lawyer who wants to maintain any sense of creditability in the community does not take the case.
The fact that Zajac is an elected representative of the people to serve the educational needs of children in Radnor as someone answerable to the parents, and the fact that he seems to care less about public opinion and how bad this Kelly case makes him look really makes you wonder about his ability to make proper decisions on the Radnor School Board.
As an interesting aside, I was talking to a friend over lunch today who spoke to one of Montco D.A.'s Ferman's top Assistant D.A.'s at length yesterday afternoon about several issues of concern. This Assistant D.A. really impressed him and they covered a lot of subjects. One thing this Assistant D.A. mentioned as an aside and as an example of a concern my friend had was how school districts and boards in Montgomery County actually often do not report drug activity in schools in Montco to the police or to the D.A.’s office because the school districts and boards do not want the bad P.R.
Makes me wonder - do we have school board members on the Main Line who could care less about bad P.R. pointed towards themselves if it will make them money, but hypocritically turn a blind eye to children using drugs so it does not make the school district look bad? Not saying that is the case with Zajac, but this whole thing makes you wonder about priorities on the Radnor School Board – and especially with all these wasted tax dollars being used to try and prevent citizens from rightfully knowing what is going on with pay and other issues in the Radnor School District.
As a matter of fact, this whole cover-up on pay in the Radnor School District really makes one think about what has gone down with the General Assembly and how pervasive this all is?
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permalinkIt's not professional for a lawyer to refuse a case such as this one, even if the lawyer will have to break some moral codes. Imagine that everyone hears about it and he loses his clients.
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Mesothelioma Attorney
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permalinkOk there , the thing is this: this is a civil suit. With a civil suit, the lawyer CAN indeed JUST SAY NO. And this lawyer didn't . Imagine that everyone hears he's doing this suit and loses clients and standing in the community? THAT is the reality here. This guy is a sitting member of the school board and this suit has nothing to do with the best interests of a child, because if it did, maybe Danieal Kelly might still alive right?
Oh and your little hyperlink? Are you advertising for someone because I do not see the connection?
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