Findings defy suicide ruling for professorLawsuit: Evidence suggests NSU teacher was beaten
Jeff Martin
©Copyright 2009 Argus Leader Media
New details are emerging this month in a federal lawsuit, which sheds more light on the mysterious shooting death of a Northern State University professor in 2004.
Two key experts in the case now dispute the Aberdeen Police Department’s conclusion that Morgan Lewis took his own life, the new documents show.
Lewis’ body was found outside his campus office, about 40 yards from a handgun found under paper inside a Dumpster, the records state. Lewis, a 46-year-old German professor, had been shot in the neck. Police at the time released few other details.
Court documents and exhibits obtained by the Argus Leader reveal facts and details from the police investigation which have never been made public. Among them:
Gunshot residue was found inside the empty currency pocket of the victim’s wallet, “indicating that someone who had just fired a gun had subsequently placed his or her hand inside the wallet’s currency pocket,” the lawsuit states.
The victim suffered a wound on his forehead associated with a skull fracture, along with multiple facial abrasions, the autopsy report states. Bruises and abrasions on his face, head and left side of his body suggest that he might have been attacked with a blunt instrument, the lawsuit says.
Dr. Brad Randall, a Sioux Falls pathologist who performed the autopsy, said in a sworn statement that “I do not believe that this case should be classified as a suicide.” Randall, who also reviewed the investigative reports, added that he is willing to testify that Lewis’ death should not be classified as a suicide.
Dr. Albert Kowalski, vice president and medical director for Prudential Group Insurance, reviewed the files and found “multiple inconsistencies” in the theory that the gunshot wound was self-inflicted. That included the fact that the right-handed professor was shot in the left side of his neck, Kowalski noted. The death, he stated, “does not appear to be an attempt to commit suicide.”
There was no suicide note, and no clear evidence that Lewis was at high risk for suicide, Kowalski wrote. He also noted that Lewis had been treated by a psychiatrist for “major depressive disorder with psychotic features,” but the psychiatrist has provided a statement that he “never considered (Lewis) a suicide risk.”
The lawsuit, filed July 1 in U.S. District Court, seeks death benefits for Lewis’ domestic partner, James Buck of Palm Springs, Calif. Buck, who is the beneficiary of Lewis’ estate, filed a claim for the $150,000 he’s entitled to if Lewis died of a homicide at work. But the claim was denied because police ruled the death a suicide, which is not covered by the policy.
The defendants are the National Education Association, which offered the insurance policy to Lewis, and the Prudential Insurance Co. of America. Despite the findings of its medical director, Kowalski, Prudential ultimately decided not to pay the benefits – a decision which prompted this month’s lawsuit.
Prudential “used their own employees as investigators even though the chief of their medical department determined that this should not be classified as a suicide,” said Sioux Falls lawyer Scott Abdallah, who represents Buck.
Janet Gillespie, director of global communications for Prudential, said the company doesn’t comment on pending litigation. NEA representatives did not respond to requests for comment.
The state of South Dakota in March 2008 chose to settle another insurance claim with Buck, and the details were not made public.
Aberdeen Police Chief Don Lanpher Jr. on Friday referred questions to city attorney Adam Altman. Altman was not working for the city when Lewis died and couldn’t comment on details of the case, but he said a thorough investigation was done and city officials have no reason to doubt the suicide ruling.
“The city of Aberdeen is convinced that this was a suicide and we don’t have any reason to believe otherwise,” Altman said.
Shortly after the death, police began describing it as “suspicious” and began a lengthy investigation. An incident narrative from June 2005 is noted by Kowalski as “active investigation of homicide.” In February 2006, about 15 months after Lewis died, Lanpher announced the death was self-inflicted but provided no details.
Gunshot residue inside Lewis’ wallet is “the sort of thing that’s one of those problematic details,” says NSU political science professor Ken Blanchard, who later met with the police chief to discuss the case. “How does it get in there? Has he got the wallet open in his hands when he fires the gun?”
Police discovered the wallet in a pool of blood where Lewis had fallen. The wallet “was dropped or placed onto blood that had already seeped out onto the pavement,” the lawsuit states. The .25-caliber Colt pistol is unregistered and untraceable, it says.
Blanchard hasn’t heard convincing evidence that anyone else shot Lewis, but said he’s not sure it was a suicide either. If Lewis was murdered, he says, “then somebody’s walking around loose and that’s a scary idea.”
Jeff Martin can be reached at (605) 331-2373 or 1-800-530-6397.