Erica Kelly Pray v. II (2010)

MEMORANDUM OF DECISION

Subsection (e) of General Statutes § 7-62b provides that the court may order the Chief Medical Examiner to issue a death certificate where the death is presumed to have occurred within Connecticut, but the body cannot be located.   On September 28, 2010, the petitioner, Erica Kelly Pray, commenced this action seeking such a decree regarding her brother, Mark R. Johnson.   The petitioner has standing to pursue this decree as Johnson's sister and trustee of his estate.   On October 14, 2010, the court received evidence in this matter and makes the following factual findings and rulings of law.

No family member has seen nor heard from Johnson since October 24, 2006.   Before that date, Johnson would see the petitioner every week.   She and Johnson would visit Johnson's stepson, who was incarcerated, weekly without fail.   After that date, Johnson disappeared without leaving word with anyone including his sister and stepson.

The Connecticut State Police major crime squad for the eastern district had engaged in extensive efforts to locate Johnson or his remains.   Several searches have been conducted.   These include aerial searches, canine searches for both living persons and cadavers, and dive team searches.   These investigations examined areas near Johnson's residence and elsewhere.   A local pond was drained for this purpose.   The major crime squad made numerous “trash pulls” and obtained search warrants for phone records all to no avail.   A sheepskin hat similar to one worn by Johnson was recovered about 150 yards from his home.   Mitochondrial DNA samples were obtained and sent to a national data base established to locate and identify missing adults, with negative results.

The court finds, by a preponderance of the evidence, that Mark R. Johnson is presumed dead.   The absence of any communications for nearly four years with his family members, especially his sister and stepson, along with the other evidence in this case persuade the court to infer Johnson's demise rather than any alternative explanation for his disappearance.

The court also concludes that Johnson died in Connecticut.   His residence and family are located in this state, and his hat was located close by.   He was last seen on October 24, 2006, on foot, and no evidence was adduced as to any missing vehicle.   The cause of death is unknown.

The statute is unclear whether the court is required to order the Chief Medical Examiner to record specific entries on the presumptive death certificate.   To avoid any uncertainty, the court gleans from the evidence the following data which parallels the information needed for a death certificate:

Legal Name:  Mark Randall Johnson

Gender:  Male

Presumed date of death:  October 24, 2006

Presumed time of death:  Unknown

Age:  42

Birthplace:  Northhampton, MA.

Residence:  31 Cider Mill Road, Tolland, Connecticut 06084

Military Service:  None

Marital status:  Indeterminate-see Senk v. Senk, 115 Conn.App. 510, 512 (2009)

Surviving spouse:  Indeterminate-see Senk v. Senk, supra

Father's Name:  Robert David Johnson

Mother's Name:  Renamae MacLaren

Education:  Unknown

Race:  White

Occupation:  Carpenter

Business:  Connecticut Carpenters Union

The Chief Medical Examiner shall issue a presumptive death certificate consistent with this memorandum of decision.

Sferrazza, J.

Sferrazza, Samuel J., J.