BLOOMINGTON, Ind. (AP) — A wrongful death lawsuit against three men in connection with the 2011 disappearance of an Indiana University student should be dismissed because there's no proof the woman has been injured or is dead, a defense motion filed Thursday argues.
Lauren Spierer's two-year absence is not enough to presume she is dead, said attorney Greg Garrison, who represents Michael Beth in the federal civil case.
"Simply put Plaintiffs cannot prove that Spierer was injured or killed," Garrison wrote in the motion.
Indiana law requires a person to be "inexplicably absent for a continuous period of seven years" to be presumed dead, WRTV-TV reported (http://bit.ly/13gnMqx ).
Spierer, a Greenburgh, N.Y., native, vanished early on June 3, 2011, after a night of drinking. Beth at the time was a roommate of Corey Rossman, a friend of Spierer's who was drinking with her that evening.
Beth claims he tried to get Spierer to sleep on the couch at his apartment that night after she returned from the bar because he believed she was intoxicated. When she refused, he claims he escorted her to the apartment of a third man, Jason Rosenbaum.
Rosenbaum has told authorities that Spierer later left his apartment by herself.
Spierer's parents filed the wrongful death suit against the Beth, Rossman and Rosenbaum on May 30 in Monroe County. The case was transferred to federal court in June.
No arrests have been made in Spierer's disappearance and there's been no sign of her despite numerous searches around Bloomington and parts of the surrounding, wooded countryside.
Information from: WRTV-TV, http://www.theindychannel.com/index.html