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Soon after a, relatives of some of the 17 who died, survivors and even a rescuer filed suit. But a move by federal prosecutors investigating the July 19 tragedy could put those cases on hold indefinitely. For victims and their families, it might be years before they get their day in court. “The families want justice and closure,” attorneys for some of the victims said in a federal court filing last week. “These families brought this action to get answers to what happened and to ensure it does not happen to someone else’s family in the future.
“The efforts of the United States Attorney to delay closure for the victims will only prolong their suffering.”. Federal prosecutors have asked courts to halt all discovery and release of information until their criminal investigation is complete. If approved, the action would stall depositions, examination of evidence and requests for records. “This just delays everything and keeps these wounds open — it doesn’t allow these families to move on,” said Gerald McGonagle, a Kansas City attorney representing the daughters of a Higginsville couple who died in the tragedy.
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“There’s no reason to stop us from getting documents, there’s no reason to stop us from deposing witnesses and moving forward with the process.” At this point, no one is charged in relation to the tragedy and there’s no way to know when the investigation will be completed. Some federal cases take years before they make it to trial. Prosecutors with the U.S. Attorney’s Office for the Western District of Missouri have argued that the action is necessary to prevent civil lawsuits from interfering with the federal probe. The release of information, they say, could create a “severe prejudice” in their investigation.
When contacted recently about the motion, Don Ledford, spokesman for the U.S. Attorney’s office, said he could not comment. Adam Graves, another Kansas City attorney working on the Higginsville family’s lawsuit — which was filed in Taney County — said when someone from the U.S.
Attorney’s office first contacted him about the motion, he was told that it would be “a very limited stay of about six months.” “He said, ‘We don’t want to get in the way; we understand these families need their day in court,’” Graves said. “But now they’ve asked for a stay that will include all the way through criminal trial and beyond.
So we could be talking five, eight years.” Robert Mongeluzzi, a Philadelphia attorney representing several plaintiffs who have sued Ripley Entertainment — current owner of the Branson operation — and Ride the Ducks International in federal court, filed an objection to the stay last week and sought some middle ground. That objection proposed ways the civil cases could advance without hindering the government’s probe or jeopardizing the rights of those under investigation. It suggested plaintiffs’ attorneys could wait nine months before testing physical evidence or questioning criminal targets as well as others essential to the investigation.