Friday, August 1, 2003
 
Autopsy Completed on Fairmont Teen
8/1/2003
By Jay F. Marks
Staff Writer

The state medical examiner's office has completed the autopsy on a 16-year-old Fairmont girl who died earlier this week in the wake of a July 8 car accident, according to her family's attorney.

August Joy Kennedy's mother had sought to delay the autopsy Wednesday on religious grounds because she believes a body should not be desecrated until three days after death.

Prosecutors were able to quash a temporary injunction granted Wednesday morning so the medical examiner's office proceeded with the autopsy, said Phil Outhier, Tammy Kennedy's attorney.

Results of that examination are not yet available, he said.

Authorities would not comment on a pending criminal investigation, which began after a doctor at St. Mary's Regional Medical Center characterized the 16-year-old's death as suspicious.

The doctor said he did not believe the teen's death was caused by naturally occurring circumstances, according to court documents.

Kennedy tried to block the autopsy because of her belief in the Biblical example of Jesus Christ rising from the dead three days after his crucifixion and death, according to an affidavit filed Wednesday in Garfield County District Court.

An Enid Police Department report indicates Tammy Kennedy allowed her daughter's body to be transported to the medical examiner's office in Oklahoma City Wednesday after talking to a representative from an Enid funeral home.

District Judge Ronald Franklin reversed his initial order preventing the autopsy after Garfield County prosecutors pointed out the proper venue for Kennedy's motion was in Oklahoma County rather than in Garfield County because her daughter's body had been moved there.

The teen died Tuesday morning, about three weeks after being injured in a car accident south of Waukomis on U.S. 81. Kennedy suffered internal injuries and a broken pelvis.

Outhier said Kennedy's family still is trying to cope with her death.

"This family's still in a grieving process," he said.

 

Comments
 
Tim Eck writes:
 
"Everyone, please say your prayers for this nice lady, Tammy Kennedy.

Everyone down at Pegasys knows her and her family from various productions that have aired on TV.

May you find peace."

 


UPDATE

https://www.oscn.net/dockets/GetCaseInformation.aspx?db=garfield&number=CJ-2005-268&cmid=163328

http://www.nsirtech.com/wrongful_death_amendment.pdf

http://www.nsirtech.com/lien_interest.pdf

Yes the hospital did finally take responsibility for August's death and settled with me "for an amount which must remain confidential pursuant to a confidentiality agreement". Pete Marrs, in Oklahoma City, came onboard in order to try to get the doctors to also take responsibility for what they did as well. By the time that Pete got involved the hospital had already willingly taken responsibility for their portion of the acts that ultimately killed August. He told me early on that he didn't usually take on cases that had such a large offset but that when he read the nurses notes quite frankly it pissed him off. He told me later on that holding the doctors financially responsible for what they had done had come incredibly close and that it came down to Daniel Washburn's insurance carrier telling Washburn that they needed to pay me due to the events that had taken place when he literally walked out on us in the critical hour. Unfortunately he had an exclusion clause written into his policy which meant that he had to cooperate in order to let his carrier make the payout. And ultimately he was not about to cooperate or willingly take responsibility.

There was another case that was in the court just ahead of us; a baby had been born and was severely handicapped due to an oxygen deficiency at the time of its birth. Pete Marrs, I am told, was actually in the courtroom as the litigation was taking place here in Garfield County trying to get a feel for how the people of Garfield County would react regarding holding the doctors and hospital accountable in that case. Unfortunately the people apparently didn't want to believe that it was the fault of the hospital and doctors and refused to find on the side of the family of the child who was hurt. With that said, he ultimately had to decide that with the large offset that was already in place in our case and the apparent lack of willingness of the public here to believe that such atrocious "care" would be provided by those in the medical field he explained to me that the odds of a successful award by a jury here was not likely. Had the other case gone the other way I am sure that Pete would have taken our case all the way. He knew what they had done!

Ultimately we were successful in holding most of them accountable in that three nurses licenses were suspended, the Department of Health demanded improvements of St. Mary's hospital, the Joint Commission came in and demanded even more improvements, and three doctors had internal actions taken against them by their Boards. In fact, it got back to me that they were in fear of losing their licenses and one of them had even broken down in tears in the investigation. At the time, the only Level One hospital in the state was in jeopardy of being lost and we went down and put a face on the problem with the Trauma Council when they were looking for the funds that they needed in order to make needed improvements. Ultimately our story went to the top five members of the Joint Commission due to the extreme failure of the staff at St. Mary's hospital in their lack of care for August.

After returning from speaking with the Trauma Council in Oklahoma City about ten days later the Enid News & Eagle had a front page story talking about a new service being provided in Enid and featured a helicopter on the rooftop of one of the local hospitals. I took that paper in to Cindy Allen, Assistant Editor in Chief, to let her know just why they were here and whose fight it took to get them here. I shouldn't have left it with her because later I would find that the entire paper that day was conveniently excluded from the microfiche archives.

Dr. Timothy Wayne Teske, D.O. who was the one who actually had the motive to kill August has, as of now, not been held accountable. It did get back to me that my father's foot doctor had set with Teske at lunch immediately after August was killed that day and he reported that it was as if the blood had just been drained out of Teske; that he was white as a ghost. I know the conversations that we had behind closed doors and I know how intent he was on focusing on the fact that I was performing Grandpa's work and broadcasting on Pegasys. I also know of the moment in time that he would have had motive to approach his Board and what more than likely would have been said. He knows how to kill someone and it doesn't take a rocket scientist to know that if someone can't hold down food or water for three days what would happen to them. He is however, in tight with the Enid Police Department; I'm told that he has family on the force. After finding him on Facebook I did make a comment when he was talking about how he wanted to come back in another life as his wife's dog because the animal was so spoiled. I simply stated "When you die you are going to have to answer for what you did to my daughter, August Kennedy." (In fact, if I have anything to say about his next life he can definitely expect the fiery furnace of hell.) He immediately blocked me. He knows what he did and he knows that it is still possible that he would be held accountable in this life since there is no statute of limitations on murder. And obviously with the fact that he was as white as he was the day that it happened he must be worried if it could come back on him after all. I am so looking forward to the day when the people are completely awake and willing to deal with the problem appropriately.

Until then Teske will definitely have cause to wonder just when they might be coming for him.


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