Horton v. Avon Old Farms School, Inc.
sufaud
Pleas, Geauga County Ohio in a suit against Avon Old Farms School,
Inc., Avon, Conn. (a third-rate prep school that, since its reopening
after World War II with Donald W. Pierpont as its headmaster, has had
a reputation of bullying and poor scholarship, most of its pupils
being the dim sons of the petty bourgeoisie. The school attracts
pupils because of its beautiful faux-English campus designed and paid
for by Theodate Pope Riddle (a bicycle industry heiress) reminiscent
of Stratford-upon-Avon, England, but its performance is and always has
been dismal (in our opinion) and the allegations in this case
accurately describe the environment.
The case was apparently settled by the parties. For the docket in this
case upon removal to US District Court see
http://dockets.justia.com/docket/ohio/ohndce/1:2010cv01622/167560 The
full case file containing order of dismissal without prejudice is
available in PACER.
----------------------
United States District Court, Northern District of Ohio
Case: 1:10-cv-01622-DAP Doc #: 1-1 Filed: 07/26/10 1 of 17. PageID #:
5
IN THE COURT OF COMMON PLEAS
GEAUGA COUNTY, OHIO
CASE NO.
JUDGE
COMPLAINT
(Jury Demand Endorsed Herein)
CHARLES HORTON, a minor, by and through his natural mother and legal
guardian, CATHY B. HORTON 121 Champion Lane Chagrin Falls, Ohio 44011
and
CATHY B. HORTON
121 Champion Lane
Chagrin Falls, Ohio 44011
Plaintiffs
THE AVON OLD FARMS SCHOOL, INC.,
a.k.a. AVON OLD FARMS SCHOOL
500 Old Farms Road
Avon, Connecticut 06091
and
JOHN DOES / JOHN DOE
CORPORATIONS I-TV
Names and addresses unknown
Defendants
The Plaintiffs, Charles Horton (by and through his natural mother and
legal guardian, Cathy B. Horton) and Cathy B. Horton, by and through
their authorized counsel, Stafford & Stafford Co., L.P.A.,
respectfully submit their Complaint against
Avon Old School Farms, as follows:
1) The Plaintiff, Cathy B. Horton, is an individual who resides in
the County of Geauga, State of Ohio, and is the natural mother and
legal guardian of the minor child, Charles Horton.
2) The Plaintiff, Charles Horton, is a minor child, who resides in
the County of Geauga, State of Ohio, and is the natural son of the
Plaintiff. Cathy 13. Horton, his legal guardian.
3) The Defendant, The Avon Old Farms School, Inc., a.k.a. Avon Old
Farms School ("Avon"), is an independent college preparatory school
for minor children, grades 9-12, and organized and existing as a
Connecticut Corporation and educational institution. At all times
relevant to this matter, Avon transacted business with the Plaintiffs
located in the County of Geauga, State of Ohio; and the facts giving
rise to this action arise out of an agreement and contract which was
sent to the Plaintiffs and executed by the Plaintiffs in the County of
Geauga, State of Ohio.
4) John Does I John Doe Corporations l-IV are individuals and or
entities believe to he involved in the facts and circumstances
addressed herein, but whose names and addresses are unknown to the
Plaintiffs.
5) Upon information and belief, Avon advertises and holds itself out
to individuals and entities, including those located in the State of
Ohio, as an education institution of higher learning, through various
mediums, electronic or otherwise, for the purpose of seeking students
for enrollment into its educational institution.
6) Avon was recommended and held itself out to the Plaintiffs as a
superior academic and athletic institution, which would be a spring
board for the academic and athletic career of the Plaintiff, Charles
Horton ("Charlie").
7) Avon represented, inter a/ia, that its institution would provide
certain superior academic and social standards and practices, and
would protect the health, safety and welfare of its students.
8) Avon made such representations and held itself out to others,
including the Plaintiffs, knowing that the Plaintiffs would rely upon
such representations when making the decision to enroll at Avon.
9) Avon knew or should have known when making such representations,
that the representations were inaccurate, misleading and/or false,
10) The Plaintiffs relied upon the representations made by Avon, and
substantially changed their position in reliance upon Avon's
representations.
11) The Plaintiffs entrusted Avon with the responsibility for
providing the superior academic and social standards and practices,
and providing a healthy and safe learning and living atmosphere for
Charlie.
12) Based upon the representations made by Avon, Charlie applied for,
was accepted to, enrolled in and paid tuition, fees and expenses
associated with the 2009-2010 academic year at Avon.
13) Based upon the representations made by Avon, the Plaintiffs
entered into a written enrollment contract, which the Plaintiffs
executed in the County of Geauga, State of Ohio, on or about March 13,
2009, a copy of which is attached hereto as Exhibit "1".
14) The Plaintiffs incurred and/or paid substantial expenses relating
to Charlie's enrollment in and travel to and from Avon,
15) Charlie's enrollment at Avon was very brief, as he attended Avon
for
just over one (1) month before returning to Ohio.
16) Charlie's transfer from Avon was for academic reasons, personal
and family reasons, and for his health, safety and welfare. The basis
for the transfer from Avon was for reasons which were not within
Charlie's control, but were the result of issues which were
exacerbated by the events and conduct of various individuals on the
campus of Avon.
17) The social climate at Avon was completely out of control and
negatively affected Charlie. Charlie was subjected to numerous
violations of school policies by the students in dorms at Avon.
18) Charlie was exposed to students engaging in the downloading of
various pornography depicting illegal and deviant acts, including the
raping of young women, and numerous students at Avon cheering.
19) When Charlie objected to this conduct, in the dorm rooms, he was
bullied, ridiculed and harassed by the students for not partaking in
this conduct. The dorm room(s) at Avon did not permit Charlie to block
out this disgusting public display.
20) Numerous students at Avon, with the knowledge of the school and/
or
staff members, engaged in "hazing" and forced Charlie to engage in
actions meant to
bully, belittle, harass, and embarrass Charlie; including engaging in
actions which
forced Charlie to fight for his life; and engage other freshman in the
locker room.
21) When Charlie objected to this conduct he was bullied, ridiculed,
belittled, and harassed by the students.
22) Despite Avon's representations to the Plaintiffs, of, inter cilia,
superior
academic standards and practices; academic achievement was not the
focus of the staff and students at Avon,
23) Charlie was the first student at Avon to be enrolled as a
freshman in five (5) honor courses, in which he did exceptionally well
in the short time he was at Avon. Charlie, despite being exceptionally
advanced and being accepted into honor courses as a freshman, was
harassed and ridiculed by his peers at Avon for studying and caring
about his grades, while his peers were observed cheering when they
received "Ds" as they did not receive a failing grade.
24) Such conduct was confirmed by Charlie's advisor, Amanda Trarnont,
who indicated that she was underwhelmed by the work ethics of the
students at Avon, that the students were not invested in academics,
that there were many students with social problems, that Avon seems to
be content with mediocrity, and that Avon's social environment could
be appalling.
25) The conduct of the students which Avon failed to address caused
Charlie to experience increasing amounts of emotional stress and
anxiety.
26) Charlie requested additional assistance and time from teachers,
and such requests were either ignored or Charlie was provided an
excuse as to why the teacher(s) did not have the time.
27) The conduct of the students continued and Charlie's emotional
stress and anxiety became overwhelming.
28) Avon failed to intervene or otherwise address the improper
conduct and issues of which it became aware.
29) The representations made in by Avon in its literature,
publications, and
by school personnel in regard to Avon were far from the reality
experienced by Charlie while attending Avon.
30) The improper and inappropriate activities and conduct of the
students, and mediocre attention to academics, appears to be tolerated
by Avon.
31) Charlie's ability to exercise and improve his academic drive and
ambitions in an appropriate environment, and his health, safety and
welfare, were the central factors in the decision which the Plaintiffs
made for the transfer from Avon.
32) Avon, instead of providing a platform for Charlie to grow and
develop; in fact, had the opposite effect on Charlie, especially in
regard to the social climate and failure to address the issues brought
to Avon's attention by the Plaintiffs.
33) The impact upon Charlie was extremely distressing both mentally
and physically. Charlie's weight substantially decreased in the short
time he was at Avon.
34) Through the lack of effort to address the issues witnessed by
Charlie, and the effects the issues were having on Charlie's physical
and mental health, Charlie was forced to transfer from Avon.
35) Charlie's option was either to remain at Avon and continue to
endure the conduct and the same ill effects from the conduct; or
transfer from Avon. Charlie had no choice under the circumstances, but
to transfer from Avon. Charlie's mental and physical well-being were
substantially effected by the facts and circumstances experienced by
Charlie while at Avon.
36) In order to protect the health, safety and welfare of Charlie,
the decision was made for Charlie to transfer back to Ohio. This
decision was based upon Charlie's exposure to forces and conduct which
wore beyond his control, and were the
direct and proximate result of Avon's actions and/or failure to act.
37) The Plaintiffs invested and incurred substantial time, expenses,
and money in the process of enrolling in, and transferring from Avon
to Ohio. Additionally, the emotional and physical toll on Charlie
resulting from the issues at Avon has been overwhelming.
38) Avon refused to refund all of the funds paid by the Plaintiffs,
including but not limited to, the tuition and expenses paid by the
Plaintiffs to Avon.
39) The Plaintiffs were forced to pay additional tuition and expenses
associated with Charlie's enrollment in Ohio for the 2009-2010
academic years and thereafter.
40) Upon information and belief, Avon violated its own policies in
regard to the issues experienced by Charlie while at Avon.
41) Avon's actions and/or failure to act were willful and/or
intentional and/or negligent or maliciously carried out with reckless
disregard for the rights and legitimate interest of the Plaintiffs;
and with reckless disregard to any damages that might result to the
Plaintiffs.
COUNT ONE
(Breach Of Contract)
42) The Plaintiffs reallege and incorporate by reference, Paragraphs
1-41 as if fully rewritten herein.
43) A binding contract or agreement existed between the Plaintiffs
and Avon, based both upon the written enrollment contract and the
representations and promises made by Avon and its staff.
44) The Plaintiffs performed their obligation(s) under the
agreement(s).
45) Avon breached its agreement with the Plaintiffs, without any
legal excuse or otherwise.
46) As a direct and proximate result of Avon's intentional, willful,
reckless, negligent and wanton actions, the Plaintiffs have been
damaged and are entitled to recover damages from Avon in an amount in
excess of $25,000.00, plus punitive damages and interest, costs and
attorney fees. The full extent of the Plaintiffs' damages is still
being determined as discovery is still ongoing and the conduct of Avon
is still being investigated.
COUNT TWO
(Unjust Enrichment)
47) The Plaintiffs reallege and incorporate by reference, Paragraphs
1-46 as if fully rewritten herein.
48) The Plaintiffs incurred and paid substantial expenses and funds
to Avon pursuant to the parties' agreement(s) and Avon's
representations and promises made to the Plaintiffs, including, but
not limited to, tuition, fees and expenses.
49) The Plaintiffs have demanded payment, compensation and/or
reimbursement for the expenses and funds incurred and paid to Avon by
the Plaintiffs.
50) Avon has rejected such demands for payment, compensation and/or
reimbursement made by the Plaintiffs; and has failed to pay the
Plaintiffs, under circumstances where it would be unjust for Avon to
receive such a benefit without compensating the Plaintiffs for the
expenses and funds incurred and paid by the Plaintiffs to Avon.
51) As a direct and proximate result of Avon's intentional, willful,
reckless, negligent and wanton actions, the Plaintiffs have been
damaged and are entitled to recover damages from Avon in an amount in
excess of $25,000.00, plus punitive damages and interest, costs and
attorney fees. The full extent of the Plaintiffs' damages is still
being determined as discovery is still ongoing and the conduct of Avon
is still being investigated.
COUNT THREE
(Breach of Implied Agreement)
52) The Plaintiffs reallege and incorporate by reference, Paragraphs
1 5 1 as if filly rewritten herein.
53) As part of the agreement between the Plaintiffs and Avon, and in
furtherance of the values of health and safety, Avon impliedly
promised to care for Charlie's physical and emotional health while he
was in Avon's custody and control.
54) Avon breached this agreement by failing to care for Charlie's
physical and emotional health while in Avon's custody and control.
55) As a result of Avon's breach of the agreement, the Plaintiffs
have suffered and will continue to suffer damages.
COUNT FOUR
(Negligent Infliction of Emotional Distress)
56) The Plaintiffs reallege and incorporate by reference, Paragraphs
1-55 as if filly rewritten herein.
57) By the conduct as alleged above, Avon engaged in actions, or
failed to act, and its conduct is unreasonable given that it involves
unreasonable and foreseeable risk of causing emotional distress to
Charlie and/or the Plaintiffs.
58) Avon knew or should have know that the emotional distress caused
as a result of its actions and/or inactions and/or conduct, might
result in illness, physical,
mental or bodily harm.
59) Avon's conduct caused harm to Charlie.
60) The actions and behavior of Avon were negligent, which
constituted extreme and outrageous conduct, which a reasonable person
would be unable to accept.
61) As a direct and proximate result of the action of Avon's
negligence, Charlie and/or the Plaintiffs have suffered severe
emotional distress and serious mental anguish, which could continue
into the future.
62) As a direct and proximate result of Avon's actions, the
Plaintiffs have been damaged and/or injured
COUNT FIVE
(Intentional Infliction of Emotional Distress)
63) The Plaintiffs reallege and incorporate by reference, Paragraphs
1-62 as if fully rewritten herein.
64) Avon either intended to cause emotional distress or knew or
should have known that the actions taken by Avon or which it failed to
take, and/or the actions which it allowed to occur would result in
serious emotional distress to Charlie and/or the Plaintiffs.
05) Avon's conduct and/or failure to act and/or the actions which it
allowed to occur was so extreme and outrageous as to go beyond all
possible hounds of decency and was such that it can be considered as
utterly intolerable in a civilized community.
66) Avon's conduct and/or failure to act and/or the actions which it
allowed to occur proximately caused injury to Charlie and/or the
Plaintiffs.
Ill
67) The injury suffered by Charlie and/or the Plaintiffs is serious
and of a nature that no reasonable person could be expected to endure
it.
68) By its conduct alleged above, Avon intended to inflict emotional
distress upon Charlie and/or the Plaintiffs, or knew or should have
known that emotional distress was a likely result of its conduct.
69) Avon's conduct as alleged above was extreme and outrageous.
70) Avon's conduct as alleged above caused emotional distress to
Charlie and/or the Plaintiffs.
71) The emotional distress suffered by Charlie and/or the Plaintiffs
was severe.
72) As a direct and proximate result of Avon's actions, the
Plaintiffs have been damaged.
COUNT SIX
(Fraud/Fraudulent Misrepresentations)
73) The Plaintiffs reallege and incorporate by reference, Paragraphs
1-72 as if fully rewritten herein.
74) Avon made certain representations to the Plaintiffs as alleged
above, including but not limited, to representations regarding its
institution having and practicing superior academic and social
standards and practices, and that it would protect, safeguard and
ensure the health, safety and welfare of Charlie.
75) Avon knowingly, intentionally or negligently concealed the true
condition of its educational institution and the atmosphere at Avon,
in order to entice the enrollment of Charlie.
76) Avon knew or should have known that the representations made by it
were inaccurate, misleading and/or false.
77) Avon made such inaccurate, misleading and/or false
representations in order to mislead the Plaintiffs into relying upon
such representations.
78) The Plaintiffs justifiably relied upon the representations made by
Avon.
79) As a direct and proximate result of Avon's intentional, willful,
reckless, negligent and wanton actions, the Plaintiffs have been
damaged and are entitled to recover damages from Avon in an amount in
excess of 825,000.00, plus punitive damages and interest, costs and
attorney fees. The full extent of the Plaintiffs' damages is still
being determined as discovery is still ongoing and the conduct of Avon
is still being investigated.
COUNT SEVEN
(Punitive Damages)
80) The Plaintiffs reallege and incorporate by reference, Paragraphs
1-79 as if fully rewritten herein.
81) Avon exhibited malice and/or a conscious disregard for, and
indifference to, the legitimate rights and interests of the
Plaintiffs.
82) The Plaintiffs are entitled to an award of punitive damages
against Avon.
WHEREFORE, the Plaintiffs, Charles Horton and Cathy B. horton, demand
relief against the Defendants, The Avon Old Farms School, Inc., a.k.a.
Avon Old Farms School, and John Does / John Doe Corporations I-TV,
jointly and severally, as follows:
COUNT ONE: Damages in an amount in excess of $25,000.00 plus punitive
damages, interest, costs and attorney fees.
COUNT TWO: Damages in an amount in excess of $25,000.00, plus punitive
damages, interest, costs and attorney fees.
COUNT THREE: Damages in an amount in excess of $25,000.00, plus
punitive damages, interest, costs and attorney fees.
COUNT FOUR: Damages in an amount in excess of $25,000.00, plus
punitive damages, interest, costs and attorney fees.
COUNT FIVE: Damages in an amount in excess of $25,000.00, plus
punitive damages, interest, costs and attorney fees.
COUNT SIX: Damages in an amount in excess of $25,000.00, plus punitive
damages, interest, costs and attorney fees.
COUNT SEVEN: An award of punitive damages in an amount to be
determined at the trial of this matter.
And such other and further relief as this Court deems just and
equitable.
Respectfully submtted,
JOSEPH G. STAFFORD (0023 863)
GREGORY J, MOORE (0076156)
Stafford & Stafford Co., L.P.A,
The Stafford Building
2105 Ontario Street
Cleveland, Ohio 44115
(216) 241-1074 (phone)
(216) 241-4572 (facsimile)
JGS(at)Stafford-Stafford,com
GJM(at)Stafford-Stafford,com
Attorneys for Plaintiffs,
Charles Horton and Cathy B. Horton
JURY DEMAND
Pursuant to Civil Rule 38, the Plaintiffs, Charles Horton and Cathy B.
Horton, hereby demand a trial by jury on all claims.
JOSEPH G. STAFFORD (0023863)
GREGORY J. MOORE (0076156)
Stafford & Stafford Co., L.P,A.
The Stafford Building
2105 Ontario Street
Cleveland, Ohio 44115
(216) 241-1074 (phone)
(216) 241-4572 (facsimile)
JGS@Stafford- Stafford, corn
OJM@Stafford- Stafford .com
Attorneys for Plaintiffs,
Charles Horton and Cathy B. Horton
SERVICE
A copy of the foregoing is being served upon The Avon Old Farms
School, Inc.,
a.k.a. Avon Old Farms School, located at 500 Old Farms Road, Avon,
Connecticut 06001,
by certified mail through the Clerk of Coup's office on or about
this / ( day of
June, 2010. /
AS Elp J.'s AFFORD (0023863)
GRI9ORY J. MOORE (0076156) / St rd & Stafford Co., L.P.A.
/ The Stafford Building
/ 2105 Ontario Street
Cleveland, Ohio 44115
(216) 241-1074 (phone)
(216) 241-4572 (facsimile)
J...@Stafford-Stafford.com
GJM@Stafford-Stafford. corn
Attorneys for Plaintiffs,
Charles Horton and Cathy B. Horton
EXHIBIT "1"
JON OLD FARMS SCHOOL
AVON, CONNECTICUT 06001
Enrollment Ctrntruei Tuitior S42,bcttt
Setteitti \eor 21100 2titlJ mizttn l)nlaaee S4t4in'
For
Caries Anti reis I Iorlott
i'Ite above tttitiitd etwient has been nccepted tot snrnlitttettt itt
As on Old Famis School as a ninth jtnidr boarding student for the
2tttttl.21t ti school ysat. The t-ttrnlltttent contraet, aecosdiogis'
has been signed by lie Director of Adnttt.cto,tt on behalf of The Aeon
Old Fttnris School tie. This contract oust be signed h all i
tidisiduals listed ut his bottom of its connect anti must be returned
wit It the ristn-refonctatj It slepisnlr to Avon Old Furms School n
order to cnhtntiitttt hi. enrollment of the student for the school
sear lbs school reserves the right to withdraw its offer of
sdmissiiitt and eontrtettaul sgrecrttcrti if the student named shove
does not sstislbstority complete the olin-vet school VCnj
7T) Ior or Admi -
T sqioits Date
in Consideratior ,tl she corsslimcnt at Iso above natnr nttdent, its
ititderatgttsd uprecs to pay lheS'l I drill tuition and applicable
fees. 'The tuition will be invoiced accord)tw to the Ibllowinit
schedule.
Firm nltteu_Pavntettt Second _Tuition j.evti*ent Third Teliloit
Payment
Nor-Refondsbie Deposit
55.2811 00 St (i,Sfitl.0ll St 6,dlilt,Oli
Due April 10, 211110 Dcc July lii, 211119 Due November III 211110
With Return of Executed Contract
The less will be invoiced upon receipt of cxecttted entittast
loppeoximutely S2talJlll. end pillar minor foes as incurred.
I understood that nit' nblientisie is' pin the Iuhton and roes for the
Pill acadetsile year in unconditional and that other than pursuant t'
s Prowons reVerted loin the paragraph immediately following, no
portion of such tuition and fairs to paid or otttttaitding will he
refunded or canceled notwWrstnading the Subsequent abssnre, wtthdeawol
or dismissal from the School of lie above student. I further
understand that the subsequent absence, withdrawal or dismissal from
the
School of the above altudetnt shall souse any and all of the
retitaining balance of the tuition and foes to become trnoiediatsly
due and payitble. I also
understand that no asljustnseni will be made in nittion if the student
changes Status from boarding to day.
I understand that instead of arranging for parents to Obtain solemn
insurance through apt-hale company, Avon Old Farms School requires
that parents
parneipate In a Mandatory Tuition Refund Plan as part ofihis contract.
The terms of the plan, hnntsnt as the Avon Old Fums School Mandatory
Tuition
Refund P1 on, ore ant forth In Exhibit A attached to this eorollmenr
contract. By nigiling thin contend, I hereby acknowledge that I have
read, understood, and
agreed to the terms of Exhibit A
In the untnnuoate evottt of a forced school closing, the school may
continue 10 operate on, a diarnnce-loaening basin for a period no
longer than four watt In the es eni that the school will narri to
rentatti closed beyond tlicit time, the school play extend the aehout -
air op to and including June 30th. The school may also schedule
weekend classes,
I agree cud the above tooted student agrees to acccpt she rules end
regulations adopted by Avon Old Farntr School. 1 also agree that [lie
school may suspend, expel or tannjnurttrily deny privileges generally
available to any student if hts academic progress is determined to be
unsatisfactory or behavior rails to
conform to school rules. I also ttndarstond 1 mush provide student
health inset-siren covemge insured under a United States-bancd health
plan that covers
injuries and illness in accordance with the atiachsd Student Accident
end Sickness Plane form (Exhibit B). The school must hnve written
conformation of cocci age before the student ma', he carolled, Exhibit
Binaee be completed. signed nod returned with this ct-cornet
Further. I agree than ;it) other fees and chargaa billed by the school
sittill be paid promptly as invoiced and that a finance charge oft tO
'iS pee month will be applied to an account over 30 days past doe. I
also agree, in the event of non-payment, to bcveaponnlbln for the
School's cost of collection. including a
reanonitblc attorney's foe. I agree that in the event of non-payment,
the above-nomad student will not be permitted to take semester
examinations, participate
it, commencement eseteisea, or receive a diploma. The student may also
not be permitted to engage in extracurricular activities and may not
be permitted to attend culsacs. Grades and transcripts will lie set-ut
only when an account has been puRl In full.
Ibm Attreentettt shell be conssiiucd in ectcrdnnce with and governed
by the laws of cite state of Coisnretiuet, I agree that it is the
express intention of the
partien that the mice or the State of Connecticut t'but tiot ila
cnttftiet of laws rules) apply to any dispute that may arise bstween
the panics. I hereby
irrevocably submit to The junndietiou of any Connecticut Stole or
United States Pedemt court fining in the State of Cnnneeuieut, mud any
eppellate court front tiny thereof. in itny nclinn or pvoeeedino
arming out tifor relating to the Aprnemeitt or oil ieneiae arising
between the Parties, or far recognition or enh'oreeunent of any
judttinattz, and I hereby irrevocably and unconditionally agrac that
all claims in respect to such action or, proceeding may be heard and
determined in
ascIi Connecticut State or Federal coon. I flirthar aintec that the
Seeretnty of cite state of the state of Connecdeut In my agent for set-
vies of proeaes in any tt,eit netton or proceeding in accordance with
Connecticut General Statatea Section 52-SOb. I agree that a final
judgment in any such action at proceeding shall he conclusive end nay
he enforced in oilier jurisdictions by salt on the judgment or in any
other ntaener provided by lass. I further spree that any action or
proceeding [he,. I bring tigainat the school shall be brought only in
a Conneeneut State Or United Statue Federal court silting in the State
ofConnectictit.
I understand and agreesIt'&tn obligated in pay the tuition for the
full acadcmtc your. (Sec Exhibit A)
Accepted. __ss_-_
Signature of Financially Responsible Individual)(s) Printed Name(s)
Dale
If there is more than one financially responsible individual, both
must sign.
Signature of Father or Legal Guardian Printed Name Date
Signature of Mother or Legal Guardian Pt-toted t'lllrnc Date
CAaii.Jo9
Signature of the Above Named Student Printed Name Date
Business Office Copy
sufaud
THOMAS J. MORTIMER IV
By Jonathan Saltzman
Globe Staff
Boston Globe
September 22, 2010
Hours after his wife confronted him about bouncing a $2,499 check to
the IRS, Thomas J. Mortimer IV killed her, their two children, and his
mother-in-law in their Winchester home and then typed a confession in
which he blamed himself for “bottling up my anger . . . until one
murderous night,’’ according to a case summary by prosecutors released
yesterday.
“What I have done is extremely selfish and cowardly,’’ the 43-year-old
sales executive allegedly wrote in a chilling confession after he cut
his children’s throats and stabbed his wife, Laura Stone-Mortimer, and
her mother, Ragna Ellen Stone. “I took the easy way out. . . . I am
ashamed, frightened, relieved, surprised that I murdered my family,
disgusted with myself.’’
The typewritten note, found when police searched the home after
receiving an anxious call from Stone-Mortimer’s sister, provides an
unusually intimate look into what investigators say are the turbulent
reflections of a man accused in one of the most brutal homicide cases
in Massachusetts in recent years. As the legal case proceeds, the
letter is all but certain to play a pivotal role, as evidence that
could be used to support or debunk a potential insanity defense.
As the bodies of his family lay nearby, prosecutors say, Mortimer
wrote that he should have handled the situation more maturely by
divorcing his 41-year-old wife of nearly seven years. But his 4-year-
old son, Thomas Mortimer V, and 2-year-old daughter, Charlotte, “are
in a much better place than they could ever be living with Laura and
living with me,’’ he wrote.
“Looking forward to peace but already missing terribly Finn and
Charlotte,’’ he added, using his son’s nickname. “That will be my
‘hell.’ ’’
Excerpts of Mortimer’s purported confession were contained in a
graphic nine-page summary of the case that was made public yesterday
at the request of The Boston Globe and the Associated Press.
Middlesex County prosecutors filed the summary in Superior Court
earlier this month, but Mortimer’s court-appointed lawyer, Denise
Regan of Salem, persuaded a judge to seal it on the grounds that it
would hurt her client’s chance of getting a fair trial.
The news outlets appealed to the state Appeals Court, which yesterday
unsealed the document but withheld four lines that Regan has opposed
to being made public. Those lines are expected to be unsealed tomorrow
unless Regan appeals to the state Supreme Judicial Court.
Regan said yesterday that she had not decided whether to appeal, and
declined to comment about the summary.
Not long after the bodies were found on June 16, authorities said,
Mortimer had written letters confessing to the crime and describing
marital and financial problems. But the summary by prosecutors for
Middlesex District Attorney Gerard T. Leone Jr. is much more specific,
and indicated that a squabble about a bounced check might have
precipitated the crime.
Leone paraphrased one of the letters in June, saying Mortimer wrote,
“I murdered my family.’’
Throughout their marriage, Stone-Mortimer worked as an economist for
CB Richard Ellis, a Boston commercial real estate services company.
Mortimer had held sales jobs for a number of businesses and had been
unemployed for about 18 months before the killings, prosecutors said.
But he had just started working as a senior sales account executive
for M&R Consultants Corp., a Burlington technology consulting firm,
two weeks prior to the slayings.
The couple and their two children had lived for five years with Stone-
Mortimer’s mother, who was 64 when she was killed, in Stone’s house in
Winchester.
On June 14, Mortimer’s parents traveled from their home in Connecticut
to Winchester to baby-sit Finn and Charlotte while Mortimer and Stone-
Mortimer were at work. Shortly before 6 p.m., Stone-Mortimer arrived
home and was “observed to become distressed’’ after opening a letter
from the Internal Revenue Service, prosecutors said.
The letter said her husband had bounced a $2,499 check for payment of
their taxes, the summary said. A moment later, Mortimer called to say
he was on his way home from work. His wife asked him about the check,
but the conversation was brief.
When Mortimer arrived home, his wife brought up the bounced check in
front of her in-laws and her children. “The defendant remained calm
and told his wife that everyone was hungry, this was not the time or
place to discuss this and it could wait until after dinner,’’ wrote
prosecutors. “The family then ate dinner and everything seemed to be
okay.’’
After dinner, Mortimer’s parents, Sandra and Thomas Mortimer III,
drove home to Connecticut. Between 8:43 and 9 p.m., Stone called three
friends.
Between 9:05 p.m. on June 14 and 7:10 a.m. on June 15, the summary
said, Mortimer killed his family.
His wife and his son were found June 16, lying in pools of blood in
the family room.
His mother-in-law was found in the living room under a rolled-up
Oriental rug. It appeared that she had been attacked at the front
doorway as she tried to get out of the house, dragged into the living
room, and covered with the rug, prosecutors said.
His daughter was found lying in a pool of blood in her crib on the
second floor.
Mortimer turned on his laptop computer at 11:06 p.m. on June 14 and
began writing his confession, prosecutors said. He shut off the
computer at 3:19 a.m., June 15.
Later that morning, Mortimer called work and left a voice mail saying
he would not be in, prosecutors said. He also called his son’s
preschool in Lexington and said Finn was home sick.
He took a call — on his wife’s cellphone — from her sister, who wanted
to firm up weekend plans to visit their father on Martha’s Vineyard.
Mortimer told her sister that Stone-Mortimer could not come to the
phone, and “it will be a while’’ before she could call back,
prosecutors said.
Mortimer apparently tried to kill himself after the killings,
prosecutors said. A car in the garage had two garden hoses connected
to the tailpipe and taped inside the windows on the other end. On the
front passenger seat, investigators found a knife, a hammer, and a
bottle of vodka.
But Mortimer fled Winchester, prosecutors said. He was arrested in
Bernardston on June 17 by the police chief. The chief spotted Mortimer
driving his sport utility vehicle after authorities had sent out an
alert.
While being booked at the Bernardston police station, prosecutors
said, he called his parents. He apologized to his mother for making a
mess of his life and for “wrecking everyone else’s lives,’’ said the
summary.
“He claimed he just lost it, and, when she asked if he snapped, he
said, ‘Yeah,’ ’’ prosecutors said.
Regan has said Mortimer’s mental health will be an issue in the case.
John R. Ellement of the Globe staff contributed to this report.