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Thursday, December 03, 2009

Amanda Ross' Family Sues Mary Nunn, Steve Nunn's Daughter, For Her "Wrongful Death".

Nunn's daughter added to wrongful death suit
By Stephenie Steitzer

LEXINGTON, Ky. — The family of Amanda Ross, the Lexington woman allegedly murdered by former state Rep. Steve Nunn, has sued Nunn’s 28-year-old daughter.

Mary Nunn of Glasgow was added as a defendant in an amended wrongful death lawsuit filed Thursday against her father, who has been indicted on charges of murder and violating a domestic violence protective order in Ross’ death.

Steve Nunn, 57, is accused of shooting Ross, 29, his ex-fiance, outside her Lexington townhouse on the morning of Sept. 11. He has pleaded not guilty to the charges and is being held in the Fayette County Detention Center.

Ross’ family originally filed the wrongful death suit in September and added Mary Nunn as a defendant Thursday. The amended complaint alleges that Steve Nunn fraudulently transferred personal property in his house to his oldest daughter after the suit had been filed. She subsequently sold the items at auction.

The suit seeks damages for pain and suffering, medical expenses, Ross' funeral costs and the loss of her future earning capacity, as well as punitive damages. It does not include a dollar figure.

Steve Nunn transferred possession of the household items to his daughter in September, according to documents. A Fayette Circuit judge ordered that proceeds from the sale of the items be held in an escrow account of her attorney, David Broderick of Bowling Green, until further orders from the court.

The order resulted from objections to the sale by Ross’ mother, Diana Ross, who contended that Nunn transferred the property fraudulently.

It is unclear from court documents how much money was placed in Broderick’s escrow account or what items were sold.

Broderick did not return a call seeking comment, and Mary Nunn couldn’t be reached.

The amended suit also accuses Steve Nunn of fraudulently transferring his Glasgow home to his attorney, Warren Scoville of London, to cover his attorney fees.

Scoville, whose firm also was added as a defendant, sold the property at auction in November for $170,000. After liens, property taxes and auction fees were paid, $137,000 remained. A judge also ordered that money to be held in an escrow account until further orders from the court.

Scoville declined to comment Thursday.

Earlier this week he asked the court to release the money in his escrow account. A judge could decide the matter at a hearing Friday in Fayette Circuit Court.

In a response to Scoville’s request, an attorney for Ross’ family objected to the release. Lexington attorney R. Burl McCoy alleges that Nunn could have accessed his legislative pension to pay his attorney’s fees, rather than transferring his property to Mary Nunn and Scoville.

The response states that Nunn, who served 16 years in the House, has a pension worth more than $550,000 but “against which the plaintiff likely cannot attach a judgment.”

McCoy didn’t return a call seeking comment Thursday.

Donna Early, executive director of the Kentucky Legislators Retirement Plan, said legislators’ pensions are not subject to garnishment under state law.

Nunn’s pension is significantly higher as a result of his serving one year as deputy secretary in the Cabinet for Health and Family Services.

State law allows legislators to use a non-legislative salary in another state job — Nunn made $117,875 in 2008 — to calculate their legislative pensions.

The court documents state that Nunn has immediate access to the money, although he hasn’t yet reached retirement age.

Early said Nunn could access his pension early, but state law does not allow legislators to withdraw their pensions in a lump sum.

According to public records, Nunn could access $1,764 a month if he retired at his current age. That’s a 25 percent reduction from what he would otherwise be eligible to collect if he waits until he is 62.

Even if Nunn is convicted of murder, Early said he would still be eligible to collect his pension. Pensions are forfeited only if a legislator is convicted of a crime related to serving in office, such as bribery.

Reporter Stephenie Steitzer can be reached at (502) 875-5136.

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