Family argues for punishment in man's death

Last update: October 2, 2008 - 10:38 AM

In a brief hearing today, the family of the late Owen Lynch argued for punishment for the man they say caused his murder 19 years ago.

Lawyer Richard Malacko said Patrick Carline has never been punished for his crime. In late August, a Hennepin County District Court jury determined in the civil case that Carline "willfully and wrongfully" caused the death of Lynch.

Lynch and Carline were occasional business partners. Lynch was gunned down in his North Minneapolis home in September 1989. Glenn Greene, who was 17 at the time, pleaded guilty to pulling the trigger in what was to be a robbery of Lynch. But Greene said the robbery was Carline's idea.

Greene said that Carline picked him up from school, handed him a loaded gun and drove him to Lynch's home. Carline, however, was acquitted of murder in a later trial.

A year ago, Lynch's oldest son, Mark Lynch, filed a civil lawsuit against Carline seeking to hold him responsible for the death. A jury awarded the family $300,000 in compensatory damages.

District Court Judge John McShane, however, reversed his previous ruling and declined to let the jury consider punitive damages against Carline.

Malacko argued today for a new trial on the issue of punitive damages. Carline still hasn't been punished and a jury should hear some additional evidence, Malacko said.

McShane asked, "What do you say to deterrence, that punitive damages are supposed to be a deterrent?" He said that Carline hasn't committed another criminal act.

Malacko said we are a society of laws and people need to know that when they participate in a crime, they will be held accountable. "We need to send a message," he said.

McShane asked whether the potential for prison time wasn't a deterrent.

Malacko said, "To some people time is not important, money is."

McShane said he would rule "expeditiously" on the matter,

After the hearing that lasted less than 10 minutes, Malacko said Carline had committed a crime -- receiving stolen property.

Malacko and Mark Lynch say if McShane rules against them, they intend to ask the Court of Appeals for a new trial.

Carline did not attend the hearing, although the judge briefly postponed the session to wait for him. He has denied involvement in Lynch's death and called the family vindictive.

Rochelle Olson • 612-673-1747

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