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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27481
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have been informed recently that my father who has passed

Customer Question

I have been informed recently that my father who has passed away that while he was still alive was being poisoned with strychnine from my sister and her daughter. This was in the state of Oregon. My father did have malignant melanoma that is what he was dying from. the last thirty days of his life is the time frame I have been given as to when the poison. Is there anything that can be don or should be done? Any help would be greatly appreciated. Thank you Elizabeth
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 8 years ago.
I'm not quite sure what you are looking to find out. You posted your question on the Criminal Law board. Are you looking to have your sister and niece criminally prosecuted?
Customer: replied 8 years ago.
I am lookig to see if it would be worth my time to have my father exumed to find out and yes I would want to prosecute both my sister and neice if the findings were positive. Thank You for your time. Elizabeth
Expert:  Zoey_ JD replied 8 years ago.
From what you've said, although your father was terminally ill and close to the end of his life, your family members did not utilize physician-assisted suicide, which is legal under Oregon law if certain conditions are met but took it upon themselves to end his life. Their actions would be unlawful.

If what you want to do is initiate a homicide complaint, you should contact the DA's Office in the county where this took place and share the information you have found out with them. You would be able to do this before an exhumation. In fact, if you could already substantiate enough of your suspicions, the DA's office might be able to take over the exhumation hurdle for you or shortcut some of the exhumation difficulties you might otherwise face. In any case, they would take your matter seriously and guide you through exactly what you'd need to do to go forward. You'd be dealing with them as a complainant, so there would be no legal fees involved. Go in person or call and make an appointment to speak to a homicide DA.

If you do have to arrange the exhumation yourself without the support of the DA's Office, I'd expect a lot of family opposition. If your sister and niece were caretakers for your father at the time he died, they are open to civil liability (a wrongful death suit) as well as criminal. You will need a good local civil attorney for that, and I suspect the issues will be protracted and expensive, both financially and psychologically.

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This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.