Lawyer: Baseline Killer suspect a 'ravenous wolf'
National News
Graphic images of dead people flashed across courtroom televisions as the victims' families looked on, weeping and consoling one another. Some had to leave to collect themselves.
For the first time since the nine victims were killed in 2005 and 2006, the man accused of the crimes is on trial for murder. The prosecution and defense delivered their dramatic opening statements Monday in the trial against Mark Goudeau, who is accused of being the so-called Baseline Killer.
Goudeau, 46, is also accused of dozens of other crimes, including rape and child molestation. His trial is expected to last nine months, with testimony resuming Tuesday.
Goudeau has pleaded not guilty. If convicted of murder, he could face the death penalty.
Prosecutor Suzanne Cohen told jurors that Goudeau was driven by a hunger to rape, and the victims who didn't cooperate were shot point-blank in the head.
"Beware of the predator that comes to you wrapped in sheep's clothing because he is a ravenous wolf," Cohen said. "Mark Goudeau is that ravenous wolf, and you shall know him by his deeds."
Cohen said "the only thing that matched his hunger to rape was his determination to not get caught and not be sitting in this chair."
"Those innocents did nothing wrong but cross his path while he was hunting," she said.
In his opening statement, defense attorney Randall Craig said there was a serious lack of DNA evidence in the case, and he questioned the integrity of the investigation.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.