Tuesday, February 06, 2007

Husband's death was murder, not suicide, widow says

by James Muñoz

The 2003 death of Col. Philip Shue was ruled a suicide by the justice of the peace.
His widow is fighting that ruling all the way to the Texas Supreme Court because she believes her husband was murdered.

Shue, 54, was found dead April 16, 2003, along Interstate 10 near Boerne.
Kendall County Justice of the Peace Nancy White didn't win re-election. She now lives in another city. Her attorneys say she shouldn't have to explain the "thought-processes" behind her ruling.

"Col. Shue's chest had been mutilated. His wrists and ankles were covered in duct tape," said attorney Jason Davis, who represents Mrs. Shue.

"[Mrs. Shue] and many others believe it was a murder, including experts who have analyzed the same evidence," Davis said.

The truth, in this story, may be stranger than fiction, because Shue's vehicle slammed into a tree, his chest was mutilated, a finger was cut off and there was duct tape around his wrists and ankles.

"And yet, Judge White came on to the scene and declared it in a matter of minutes an accident, and the question is, 'Why?', and now she's going to remarkable lengths to avoid for having to answer to that," Davis said.

White's attorneys say this isn't a cover up. If JPs always had to answer to subpoenas and depositions, there would be no end to the second-guessing and harassment of the judges, her attorneys said.

"No, we're not going to let litigants dissatisfied with a judge's ruling, go sue somebody else and use the civil discovery process, to harass and abuse these judges," White's attorney Patrick Ballantyne said.

Mrs. Shue's attorney sees it differently.

"It's a pretty simple case of a witness just refusing to answer," Davis said.
Shue's widow is suing the insurance company USAA, saying the agency failed to cancel life insurance policies that led to death threats against the Mr. Shue.
USAA said they cannot comment on pending litigation.
A Kendall County court-at-law judge ordered White to testify by deposition, but she refused. Last week, the 4th Court of Appeals upheld that decision, but White still refuses. The case is now being appealed to the Texas Supreme Court.

KENS video: Husband's death was murder, not suicide, widow says

Former Kendall County JP Nancy White
Appeals Court Denial for Judicial Immunity in Shue Case

Ron Gordon
Kendall County News.com

What’s next in the Colonel Philip Shue death investigation, seemingly having more twists and turns than a Tom Clancy novel? The mysterious circumstances leading to death of Colonel Philip Shue and the many unanswered questions surrounding the death investigation, continues, almost four years later, with no end in sight.

On January 5, 2007, Tracy Shue filed, for a third time, a Motion to Compel former Kendall County Justice of the Peace Nancy White to answer the basic questions of why and with what evidence she concluded Colonel Philip Shue’s Manner of Death a “Suicide.” Over the past year, the Kendall County Court has repeatedly ruled to deny the former JP’s Motion to Quash and Request for Immunity in answering the why and with what evidence questions, citing the duties and mental processes of a Coroner would not be protected under the “Mental Processes Rule.” But, true to form in the Shue case, the fight is not over and former JP Nancy White, with her legal “Dream Team“, paid for by the taxpayers of Kendall County, have now filed to appeal the decision of Judge Bill Palmer.

Kendall County News has requested the Commissioner’s Court to provide an estimate of the current and projected legal costs pertaining to the actions of the former Kendall County Justice of the Peace. No response has been received to date.

Former Kendall County Judge is Order to Answer Questions for The Third Time

Ron Gordon
Kendall County News.com

For those of you familiar or unfamiliar with the Tracy Shue case, here is a breakdown with the timeline of events, and where we stand as of today.

On December 28, 2005 Tracy Shue filed to have Judge Nancy White give a deposition on the cause of death on Colonel Philip Shue.

Judge White filed a motion to Quash on January 13, 2006, for Protective Order to avoid her deposition. She objected to being deposed in part on the basis of the “Mental Processes Rule”

Ten days later Judge Palmer overruled Judge White’s “Mental Processes Rule“ objection and ordered her to proceed with the deposition.

Judge White was not satisfied with the Judge’s ruling and yet filed another motion for clarification of the court’s January 23rd Order. Judge White again argued that her deposition be quashed on the basis of the “Mental Processes Rule”

Once again on February 23, 2006 the court denied Judge White’s motion for clarification and order that her deposition proceeds.

This brings us to the deposition on November 10, 2006. Judge White refused to answer some questions that her lawyers thought was abusive which violated the court’s order. Her answer to the questions being asked was part on the basis of the “Mental Processes Rule”

Judge White abused the discovery process and failed to comply with two previous orders from the court. Given these prior orders, there was no justifiable excuse for Judge White’s failure to answer questions posed to her during her deposition. Such conduct necessitated Tracy Shue’s filed motion to compel and motion for cost.

This brings us to January 5, 2007. Shue’s attorney opened up the argument about wasting the court’s time and money going over an issue that was already ruled on by Judge Palmer, twice. Judge White’s attorney followed by stating that she did not have to answer any questions based on her being, at that time, a Judge. Judge Palmer then asked Judge White’s attorney, (paraphrasing) “A Medical Examiner can give testimony on the ruling of death. In Kendall County, the Medical Examiner is also the Justice of the Peace; so in this case, she wears two hats acting as the Justice of the Peace as well as the Medical Examiner. In acting as the Medical Examiner, Judge White does not then qualify for the “Mental Processing Rule“, because in this capacity for this case, Judge White was also the Medical Examiner.” Judge White’s attorney then followed that comment by saying, “Well that’s different!” and in true Judge White fashion, no additional reasoning from Counsel was provided.

Shue’s attorney rebutted and went over how Judge White last year, had a news conference the day before depositions were to be heard. She released confidential information to the Media, which included Social Security numbers, phone numbers and addresses of Tracy and Col. Philip Shue. Then Judge Palmer asked where the original paperwork was located now and Shue’s attorney answered with, “All I have is copies.” Then Former Judge White, not her attorneys, blurted out stating where the original documents were located. After that, her attorney turned to her and stated quickly, “Do not say another word.”

After hearing about 45 minutes of both Counsels pleading their cases, Judge Palmer ordered that Judge Nancy White’s deposition be reset for 9:00am on January 26, 2007. The case will be heard at the Kendall County Courthouse. It was ordered that Judge White must answer all questions which she did not answer in her depositions urging the Mental Process Objection. Lastly, Judge White is to pay court costs and court reporter costs for continuation of deposition.

To add insult to injury, Judge White’s attorneys advised Judge Palmer that they are appealing his decision to the Circuit Court. Also, Judge White’s attorneys didn’t feel it was fair that she be responsible for the court, court reporter and deposition costs, in which then Judge Palmer summed up the sentiments felt in the court, by stating, “Well if she had answered the questions during the last depositions, we wouldn’t be here today!”

All Tracy Shue asked for was an inquest which has been denied to this day. The question that needs to be answered by Former Judge Nancy White is: How did she find that suicide was the cause of death for Col. Philip Shue???????????

--Submitted by Tracy Shue


Karen Kirkindall D.D.S. said...

This is a copy of an e-mail I sent to militarycorruption.com:

----- Original Message -----
From: k.kirkindall
To: staff@militarycorruption.com
Sent: Thursday, October 06, 2005 4:16 PM
Subject: Philip Shue, San Antonio, TX

Dr. Philip Shue's case has been 'officially' labeled self-mutilation and suicide. The evidence that was publicly disclosed about the scene of his death strongly suggests otherwise, indicating abduction and torture, backed up by the latest autopsy of his body, arranged by his wife with an independent and reputable pathologist.

If you are familiar with San Antonio then you know the different routes Dr. Shue could have taken to go to his work location Wilford Hall Medical Center in San Antonio from his home in Boerne.

What you are probably not aware of are the numerous cameras along those different routes (additional to the cameras used for the webcams available for viewing by the public). The cameras are on an extensive networking grid of major and minor roadways.

Maybe it would be difficult to look for his car at different recording cameras' locations in the early morning after he left his home at 5:30am when it was still dark but not at the time of the morning before he crashed into two trees at 8:15 am.

Not only would it have been daylight but he would have been headed opposite the heavy flow of traffic at least where I-10 is concerned.

Where did he drive to? Where did he drive from?

Why isn't anyone asking why he would be abducted and tortured if the goal was to cash in on his life insurance policies? What happened to him would only raise suspicions, questions, and delays in payments to the beneficiaries of those policies.

Why was he abducted and tortured?

What are the choices:

Retaliation for a decision he made that had negative consequences for the person(s) involved: grounding of one or more military pilots, involuntary discharge of personnel, other. His wife would not necessarily be aware of a decision he could have been involved in that grounded a military pilot or resulted in someone's involuntary discharge from the military or some other negative repercussion that incited retaliation. The original incident could have happened in Florida and the retaliation caught up with him here in Texas. It's not difficult to find ex-military and current military personnel living in the San Antonio area with a prior history of having lived and served in the military in Florida.

Did he submit a report through the ranks on information he learned about or witnessed that involved questionable ethics, wrongdoing and/or a criminal act? Something involving psyops? Whistleblowing would have targeted him for victimization. The information his attackers could be expected to try to get from him would be what did he know, who talked to him, who did he talk to, what has he done about it/what are the 'written' trails and incriminating evidence?

Was he a random or selected stalking victim of a sadistic killer/mobbing group not looking for retaliation or whistleblower evidence? If yes then after escaping, wouldn't he have gone to the hospital and/or called EMS and/or called a law enforcement agency (San Antonio Police Department, Bexar County Sheriff's Dep't...) UNLESS he recognized any of his attackers as being from any of those groups. There are many ex-military pilots with EMS flight services, ex-military in law enforcement agencies.

Did someone victimize him to gain information for immediate access to his money and/or personal posessions? Again, if that were the case, it would be expected that he would have gone to the hospital...UNLESS...

When he was being tortured, he had to know they were going to kill him since the information/retaliation he was being tortured for would help identify those responsible for his abduction and torture, if he did not already know who his abductors and/or torturers were.

If you know San Antonio you know there's an easily accessible cluster of hospitals with emergency rooms off of I-10 he would and should have gone to given the type of injuries he had sustained from the torture: cut off ear lobe, cut off nipples, cut off finger digit, chest gash...These hospitals have security AND they would have notified the authorities: San Antonio Police Department, Bexar County Sheriff's Dep't...BUT HE DID NOT GO TO ANY OF THE HOSPITALS. WHY?

He could have pulled over to any gas station and used a phone to call EMS or law enforcement (San Antonio Police Department, Bexar County Sheriff's Department, FBI...) He could have used his cell phone that was found in his car with blood stains on the inside. DID HE CALL/TRY TO CALL? No law enforcement agency or EMS agency has publicly said that they were contacted. If he did not contact any law enforcement agency or EMS agency, WHY??? I expect if he was able to call anyone, it would be to warn other targets of his attackers unless he knew his cell phone records were tracked.

His laptop computer is missing. His home computer was taken by one of the groups investigating his death. Who knows how much information could have disappeared if those involved in what happened to him or a cover up are the same ones responsible for investigating who harmed him and caused his death.

What were his reasons for his decision to leave the military?

I think it will be twenty to forty years before information comes out from any eyewitnesses to identify those responsible for Dr. Shue's abduction, torture, subsequent death and cover-up unless there's persistent and strong enough outside pressure to force the truth and provide secure witness protection.

Otherwise enough time has to go by for someone, not in danger otherwise, to be able to speak out without fear of retaliation: A colleague, family member witness, someone who works at or was visiting the location where he was tortured: a home, business...

Please keep the pressure on this case for the truth and to bring Dr. Shue's attackers to justice,

Thank you, Karen Kirkindall D.D.S.

Anonymous said...

Or the simple and logical explanation after reviewing the evidence is that he faked the abduction and torture in an attempt to get the insurance policy cancelled that the first wife had. That is what all evidence points to not some crazy conspiracy. Who tortures someone by giving them a large dose of a local anesthetic before cutting on them?