COME NOW the Plaintiffs, Vivian Rice, legal guardian and next friend of Tamielle Horn, a minor and Marilyn Farmer and Tiffani M. Horn, co-personal representatives of the Estate of Mildred Horn, Deceased, by and through their attorneys, Howard L. Siegel, and John Marshall and for cause of action state as follows:
Parties and Jurisdiction
1. Plaintiff, Vivian Rice, is a resident of the State of Maryland and the legal guardian of, Tamielle Horn, a minor born on August 5, 1985. Tamielle's mother, Mildred Horn, was murdered on March 3, 1993, and, as a result, Vivian Rice was appointed her legal guardian by the Circuit Court for Montgomery County, Maryland.
2. Marilyn Farmer and Tiffani M. Horn are the court appointed co- personal representatives of Mildred Horn, Deceased, appointed on March 12, 1993. They are residents of the State of Maryland.
3. Paladin Enterprises, Inc. (hereinafter referred to as "Paladin") is a corporation engaged in the business of publishing and distributing instructional information for criminal activity, including the crime of murder. Paladin is a corporation organized under the laws of Colorado. Paladin regularly solicits and does business in the State of Maryland. Paladin aided and abetted and was a principal in the murder of Mildred Horn in the State of Maryland.
4. Peder C. Lund is a resident of the State of Colorado. He is the president and owner of Paladin and was directly responsible for all decisions with respect to acquiring, marketing, publishing and selling the materials which are the subject of this suit, He entered into conspiracies and aided and abetted criminals, including James Perry, which culminated in the murder of Mildred Horn in the State of Maryland. He regularly solicits and does business in the State of Maryland.
5. The wrongful acts complained of herein and the murder of Mildred Horn, as well as those of Trevor Horn, and Janice Saunders occurred at Mildred Horn's home in Montgomery County, Maryland and were the direct result of the acts set forth below. Both Peder C. Lund and Paladin were willing and active participants in the tortious and criminal acts set forth below.
6. The amount in controversy is well in excess of the $50,000.00 jurisdictional limit, exclusive of interest and costs.
7. Jurisdiction is vested in this Court by virtue of Title 28 U.S.C. 1332. Venue is properly situated in this Court by virtue of the situs of the tortious actions and in injuries set forth below.
Factual Basis of the Complaint
8. In 1988 a medical malpractice case against Children's Hospital in Washington, D.C. was brought on behalf of Mildred Horn as Mother and Next Friend of Trevor Horn, a minor child who suffered from brain damage, quadriplegia, and cerebral palsy.
9. The medical malpractice case was settled during trial and the terms of the settlement were sealed by the United States District Court for the District of Columbia, Judge Thomas Hogan.
10. At the time of the settlement of this action, Trevor's father, Lawrence Horn, was living in California, having been previously divorced from Mildred Horn.
11. In 1991, Lawrence Horn began plotting with James Perry of Detroit, Michigan, to have Perry murder his ex-wife, Mildred Horn, and his son, Trevor, so that he could inherit the settlement monies recovered on Trevor's behalf.
12. On or about January 24, 1992, James Perry responded to a solicitation by the Defendant Paladin, advertising the instructional manual, HIT MAN: A TECHNICAL MANUAL FOR INDEPENDENT CONTRACTORS, (hereinafter referred to as "HIT MAN") and HOW TO MAKE A DISPOSABLE SILENCER VOLUME 2., (hereinafter referred to as "SILENCERS"). Perry ordered both manuals.
13. On March 3, 1993, James Perry traveled from Detroit, Michigan to Montgomery County Maryland and murdered, Mildred Horn, Trevor Horn, and Janice Saunders, Trevor's private duty nurse.
14. On October 17, 1995, in the Circuit Court for Montgomery County Maryland, Perry was convicted of the contract murders of Mildred Horn, Trevor Horn, and Janice Saunders, and sentenced to death.
15. For many years prior to March 3, 1993, Paladin and Peder C. Lund had successfully undertaken to become actively engaged in the business of aiding and abetting criminal activity by providing technical information and guidance on a variety of subjects, including the publication, marketing sale and distribution of the following the titles:
Hit Man - A Technical Manual for Independent Contractors Pipe and Firebomb Designs How to Build Practical Firearm Suppressor Silencers for Hand Firearms Home Workshop Silencers I How to Make Disposable Silencers, Vol. I and II Homemade Semtex Homemade C-4 Bazooka - How to Build Your Own The Anarchist Handbook The Anarchist Cookbook A Do-It-Yourself Submachine Gun Be Your Own Undertaker - How to Dispose of a Dead Body Kill Without Joy - The Complete How to Kill Book How to Destroy Bridges Sneak it Through: Smuggling Made Easier
16. The manuals HIT MAN and SILENCERS were specifically intended to encourage, facilitate, instruct, counsel and advise murderers as to proven methods to effectuate their criminal acts. The clear intent of HIT MAN, as stated by its anonymous author "Rex Feral", is shown in the following passages:
"It is my opinion that the professional hit man fills a need in society and is, at times, the only alternative for personal justice. Moreover, if my advice and the proven methods in this book are followed, certainly no one will ever know." (Preface, ix)
"Within the pages of this book you will learn one of the most successful methods of operation used by an independent contractor...step by step you will be taken from research to equipment selection, to job preparation, to successful job completion. You will learn where to find employment, how much to charge, and what you can, and cannot do with the money you earn." (Preface, x)
17. At the trial of Perry, Mr. Dana Rogers, an employee of Paladin, testified that HIT MAN AND SILENCERS were ordered by Perry on January 24, 1992 and mailed to him at his home address in Detroit on January, 28, 1992.
18. At Perry's murder trial, the State of Maryland introduced the following excerpts of advice, counsel, instruction, and encouragement from the manual HIT MAN. Each of the excerpts listed below was followed by Perry in the planning and execution of the murders for which he was convicted.
a. "What other basic equipment will the beginner need as essential tools of his trade? ... [an] AR-7 Rifle". (p.21)
James Perry used an AR-7 rifle to commit the murders of Mildred Horn and Janice Saunders as instructed by the Defendants.
b. "The AR-7 rifle is recommended because it is both inexpensive and accurate. The barrel breaks down for storage inside the stock with the clip. It is lightweight and easy to carry or conceal when disassembled." (p.22)
After the murders, James Perry disassembled the AR-7 rifle as instructed by the Defendants.
c. "Just be sure that any weapon you use on the job cannot be traced back to you by the person you purchased it from." (p. 25)
James Perry took steps to prevent the AR-7 rifle from being traced back to him as instructed by the Defendants.
d. "The AR-7 has a serial number stamped on the case, just above the clip port. This number should be completely drilled out. The hole left will be unsightly but will not interfere with the working mechanism of the gun or the clip feed." (p. 23)
James Perry drilled out the serial number of the AR-7 rifle exactly as instructed by the Defendants.
e. "The directions and photographs that follow show in explicit detail how to construct a silencer for a Ruger 10/22 rifle. The same directions can be followed successfully to construct a silencer for any weapon, with only the size of the drill rod used for alignment changed to fit the inside dimension of the barrel." (p. 39 )
James Perry used a home made silencer which he used to silently kill Mildred Horn and Janice Saunders exactly as instructed by the Defendants.
f. "Close kills are by far preferred to shots fired over a long distance. You will need to know beyond any doubt that the desired result has been achieved. When using a small caliber weapon like the 22, it is best to shoot from a distance of three to six feet. You will not want to be at point blank range to avoid having the victim's blood splatter you or your clothing. At least three shots should be fired to insure quick and sure death... aim for the head - preferably the eye sockets if you are a sharpshooter." (p.24)
James Perry shot Mildred Horn and Janice Perry from a distance of three feet. He shot them each three times in the eyes, exactly as instructed by the Defendants.
g. "Use a rat-tail file, alter the gun barrel, the shell chamber, the loading ramp, the firing pin and the ejector pin. Each one of these items leaves its' own definite mark and impression on the shell casing, which if any shell casing happen to be left behind, can be matched up to the gun under a microscope in a police laboratory. (p.25)...Of primary importance now too, is changing the rifling of the murder weapon. This should be done even before you leave the crime scene. That way, even if you get picked up or stopped with the weapon in your possession, its ballistics will not match the bullets you left behind in the mark." (p.105)
James Perry filed down the parts of the AR-7 Rifle, exactly as instructed by the Defendants.
19. In addition to the aforementioned instructions, the State of Maryland introduced numerous additional instructional references from HIT MAN which Perry followed in the planning and execution of murders described above including:
a. how to solicit for and obtain prospective clients in need of murder for hire services;
b. requesting up-front money for expenses;
c. how to register at a motel in the vicinity of the crime, paying with cash and using a phoney license tag number;
d. committing the murders at the victims' home;
e. how to make the crime scene look like a burglary
f. reminding to clean up and carry away the ejected shells;
g. breaking down the gun and discarding the pieces along the roadside after the murders; and
h. using a rental car, a stolen tag on the rental car and the discarding of the tag after the murders.
20. In publishing, marketing and distributing HIT MAN and SILENCERS, as well as other manuals, Paladin and Peder C. Lund specifically and maliciously intended, and had actual knowledge that they would be used by murderers. These manuals were published with the express intention to encourage and facilitate the commission of murder.
21. In publishing marketing and distributing these manuals for profit, Paladin and Peder C. Lund acted wantonly and with reckless disregard of known consequences to the public.
22. Paladin and Peder C. Lund advertised and marketed these manuals on a nationwide scale in a manner specifically calculated to attract and then assist criminals and would-be murderers in every state, and therefore willfully injected their products into the national stream of commerce.
23. HIT MAN and SILENCERS were used by Perry in a foreseeable manner and in the exact manner that Paladin and Peder C. Lund intended that they be used.
COUNT I - WRONGFUL DEATH
(Aiding and Abetting; Intentional Acts)
24. Plaintiff, Vivian Rice, hereby incorporates the allegations set forth in paragraphs 1 through 23 above as if more fully set forth herein and for cause of action further states;
25. The acts of Paladin and Peder C. Lund as set forth above, were intended and did in fact, solicit, aid, abet, counsel and encourage James Perry to engage in the murder for hire business.
26. The acts of the Defendants Paladin and Peder C. Lund were a direct and proximate cause of the death of Mildred Horn on March 3, 1993.
27. As a direct and proximate result of the actions of the Defendants Paladin and Peder C. Lund as set forth above, Tamielle Horn, the minor child of Mildred Horn, has sustained, and will sustain in the future substantial pecuniary loss, mental anguish, emotional pain and suffering, as well as loss of society, companionship, support, comfort, protection, parental care, advice, counsel, training, guidance and education.
28. This Complaint is timely filed within three years after the death of Mildred Horn pursuant to 3-904(f) of the Courts and Judicial Proceedings Article of the Maryland Annotated Code.
WHEREFORE, the Plaintiff, Vivian Rice, legal guardian and next friend of Tamielle Horn, surviving minor child of Mildred Horn, Deceased, demands judgment against the Defendants, Paladin Enterprises, Inc. and Peder C. Lund jointly and severally in such amount as the trier of fact finds will adequately and fairly compensate the Plaintiffs, plus punitive damages in such amounts as the trier of fact finds will justly punish the Defendants for the acts set forth above, plus interest and costs.
COUNT II - WRONGFUL DEATH
(Civil Conspiracy)
29. Plaintiff, Vivian Rice, hereby incorporates the allegations set forth above in paragraphs 1 through 28 as if more fully set forth herein and for cause of action further states;
30. Peder C. Lund and Paladin by the acts described and set forth above, conspired with the authors of HIT MAN and SILENCERS, as well as James Perry, to enter into the murder for hire business. As a direct and proximate result of the actions taken in furtherance of the conspiracy, Mildred Horn was murdered on March 3, 1993.
31. As a direct and proximate result of the actions of the Defendants Paladin and Peder C. Lund as set forth above, Tamielle Horn, the minor child of Mildred Horn, has sustained, and will sustain in the future substantial pecuniary loss, mental anguish, emotional pain and suffering, as well as loss of society, companionship, support, comfort, protection, parental care, advice, counsel, training, guidance and education.
32. This Complaint is timely filed within three years after the death of Mildred Horn pursuant to 3-904(f) of the Courts and Judicial Proceedings Article of the Maryland Annotated Code.
WHEREFORE, the Plaintiff, Vivian Rice, legal guardian and next friend of Tamielle Horn, surviving minor child of Mildred Horn, Deceased, demands judgment; against the Defendants, Paladin Enterprises, Inc. and Peder C. Lund jointly and severally in such amount as the trier of fact finds will adequately and fairly compensate the Plaintiffs, plus punitive damages in such amounts as the trier of fact finds will justly punish the Defendants for the acts set forth above, plus interest and costs.
COUNT III - WRONGFUL DEATH
(Strict Liability)
33. Plaintiff, Vivian Rice, hereby incorporates the allegations set forth above in paragraphs 1 through 32 as if more fully set forth herein and for cause of action further states;
34. The manuals HIT MAN and SILENCERS were unreasonably dangerous products with no socially redeeming value, the principle purpose of which was to facilitate murder.
35. That as a direct and proximate result of the Defendants, Paladin and Peder C. Lund's actions in the publication, distribution and sale of the two manuals, Mildred Horn was murdered on March 3, 1993.
36. As a direct and proximate result of the actions of the Defendants Paladin and Peder C. Lund as set forth above, Tamielle Horn, the minor child of Mildred Horn, has sustained, and will sustain in the future substantial pecuniary loss, mental anguish, emotional pain and suffering, as well as loss of society, companionship, support, comfort, protection, parental care, advice, counsel, training, guidance and education.
37. This Complaint is timely filed within three years after the death of Mildred Horn pursuant to 3-904(f) of the courts and Judicial Proceedings Article of the Maryland Annotated Code.
WHEREFORE, the Plaintiff, Vivian Rice, legal guardian and next friend of Tamielle Horn, surviving minor child of Mildred Horn, Deceased, demands judgment against the Defendants, Paladin Enterprises, Inc. and Peder C. Lund jointly and severally in such amount as the trier of fact finds will adequately and fairly compensate the Plaintiffs, plus punitive damages in such amounts as the trier of fact finds will justly punish the Defendants for the acts set forth above, plus; interest and costs.
COUNT IV - WRONGFUL DEATH
(Negligence)
38. Plaintiff, Vivian Rice, hereby incorporates the allegations set forth above in paragraphs 1 through 37 as if more fully set forth herein and for cause of action further states:
39. The Defendants Paladin and Peder C. Lund owed a duty to the decedent, the Plaintiff herein, and other innocent members of the public, to use reasonable care and refrain from distributing HIT MAN and SILENCERS to persons whom they knew or should have known, would use them in a reasonably foreseeable manner, to facilitate murder.
40. The Defendants, Paladin and Peder C. Lund breached the duty owed by carelessly, recklessly and wantonly selling their publications to James Perry after having intentionally marketed the publications in a manner that was designed to attract would- be hit men and murderers.
41. As a direct and proximate result of the actions of the Defendants Paladin and Peder C. Lund as set forth above, Tamielle Horn, the minor child of Mildred Horn, has sustained, and will sustain in the future substantial pecuniary loss, mental anguish, emotional pain and suffering, as well as loss of society, companionship, support, comfort, protection, parental care, advice, counsel, training, guidance and education.
42. This Complaint is timely filed within three years after the death of Mildred Horn pursuant to 3-904(f) of the Courts and Judicial Proceedings Article of the Maryland Annotated Code.
WHEREFORE, the Plaintiff, Vivian Rice, legal guardian and next friend of Tamielle Horn, surviving minor child of Mildred Horn, Deceased, demands judgment against the Defendants, Paladin Enterprises, Inc. and Peder C. Lund jointly and severally in such amount as the trier of fact finds will adequately and fairly compensate the Plaintiffs, plus punitive damages in such amounts as the trier of fact finds will justly punish the Defendants for the acts set forth above, plus interest and costs.
COUNT V - SURVIVAL ACTION
(Aiding and Abetting, Intentional Acts)
43. Marilyn Farmer and Tiffani M. Horn, co-personal representatives of the Estate of Mildred Horn, Deceased, pursuant to section 7-401 of the Estates and Trusts Article of the Annotated code of Maryland, hereby incorporates paragraphs 1 through 42 above as if more fully set forth herein and further states;
44. The acts of Paladin and Peder C. Lund as set forth above, were intended, and did in fact, solicit, aid, abet, counsel and encourage James Perry to engage in the murder for hire business and such actions were done with actual malice.
45. The acts of the Defendants Paladin and Peder C. Lund were the proximate cause of the death of Mildred Horn on March 3, 1993 as set forth above.
46. Mildred Horn sustained the horror of knowing she and her child were about to be murdered in the moments before her death, and sustained horrible conscious pain and suffering.
47. The Estate of Mildred Horn paid funeral expenses for her burial and related ceremonies.
WHEREFORE, Marilyn Farmer and Tiffani M. Horn, co-personal representatives of the Estate of Mildred Horn, Deceased, demands judgment against the Defendants, jointly and severally, in such amount as the trier of fact finds will adequately and fairly compensate the Plaintiffs, plus punitive damages in such amounts as the trier of fact finds will justly punish the Defendants for the acts set forth above, plus interest and costs.
COUNT VI - SURVIVAL ACTION
(Civil Conspiracy)
48. Marilyn Farmer and Tiffani M. Horn, co-personal representatives of the Estate of Mildred Horn, Deceased, pursuant to section 7-401 of the Estates and Trusts Article of the Annotated code of Maryland, hereby incorporates paragraphs 1 through 47 above as if more fully set forth herein and further states;
49. That Peder C. Lund and Paladin by the acts described and set forth above, conspired with the authors of HIT MAN and SILENCERS, as well as with James Perry, to enter into the murder for hire business. This conspiracy culminated in the death of Mildred Horn as set forth above. That said conspiracy was entered into and accomplished with actual malice.
50. That as a direct and proximate result of the actions taken in furtherance of the conspiracy, Mildred Horn was murdered on March 3, 1993.
51. Mildred Horn sustained the horror of knowing she and her child were about to be murdered in the moments before her death, as well as sustaining horrible conscious pain and suffering.
52. The Estate of Mildred Horn paid funeral expenses for her burial and related ceremonies.
WHEREFORE, Marilyn Farmer and Tiffani M. Horn, co-personal representatives of the Estate of Mildred Horn, Deceased, demands judgment against the Defendants, jointly and severally, in such amount as the trier of fact finds will adequately and fairly compensate the Plaintiffs, plus punitive damages in such amounts as the trier of fact finds will justly punish the Defendants for the acts set forth above, plus interest and costs.
COUNT VII - SURVIVAL ACTION
(Strict Liability: Kelly v. R.G. Industries)
53. Marilyn Farmer and Tiffani M. Horn, co-personal representatives of the Estate of Mildred Horn, Deceased, pursuant to section 7-401 of the Estates and Trusts Article of the Annotated code of Maryland, hereby incorporates paragraphs 1 through 52 above as if more fully set forth herein and further states;
54. That the manuals HIT MAN and SILENCERS were unreasonably dangerous products with no socially redeeming value, the principle purpose of which was to facilitate murder.
55. That as a direct and proximate result of the intentional and malicious actions of the Defendants, Paladin and Peder C. Lund, in the manufacture, distribution and sale of the two manuals, Mildred Horn was murdered on March 3, 1993.
56. Mildred Horn sustained the horror of knowing she and her child were about to be murdered in the moments before her death, and sustained horrible conscious pain and suffering.
57. The Estate of Mildred Horn paid funeral expenses for her burial and related ceremonies.
WHEREFORE, Marilyn Farmer and Tiffani M. Horn, co-personal representatives of the Estate of Mildred Horn, Deceased, demands judgment against the Defendants, jointly and severally, in such amount as the trier of fact finds will adequately and fairly compensate the Plaintiffs, plus punitive damages in such amounts as the trier of fact finds will justly punish the Defendants for the acts set forth above, plus interest and costs.
COUNT VIII - SURVIVAL ACTION
(Negligence)
58. Marilyn Farmer and Tiffani M. Horn, co-personal representatives of the Estate of Mildred Horn, Deceased, pursuant to section 7-401 of the Estates and Trusts Article of the Annotated Code of Maryland, hereby incorporates paragraphs 1 through 57 above as if more fully set forth herein and further states:
59. The Defendants, Paladin and Peder C. Lund, owed a duty to the decedent, the Plaintiff herein, and other innocent members of the public to use reasonable care and refrain from distributing HIT MAN and SILENCERS to persons whom they knew or should have known, would use them in a reasonably foreseeable manner, to facilitate murder.
60. The Defendants, Paladin Enterprises, Inc. and Peder C. Lund, breached the duty owed by maliciously, recklessly and wantonly selling their publications to James Perry after having intentionally marketed the publications in a manner that was designed to attract would be-hit men.
61. Mildred Horn sustained the horror of knowing she and her hild were about to be murdered in the moments before her death, and horrible conscious pain and suffering.
62. The Estate of Mildred Horn paid funeral expenses for her burial and related ceremonies.
WHEREFORE, Marilyn Farmer and Tiffani M. Horn, co-personal representatives of the Estate of Mildred Horn, Deceased, demands judgment against the Defendants, jointly and severally, in such amount as the trier of fact finds will adequately and fairly compensate the Plaintiffs, plus punitive damages in such amounts as the trier of fact finds will justly punish the Defendants for the acts set forth above, plus interest and costs.
Respectfully submitted,
(signature here)
Howard L. Siegel
51 Monroe Street
Suite 603
Rockville, Maryland 20850
(301) 738-1314
(signature here)
John Marshall
304 Courthouse Square
Suite 300
Rockville, Maryland 20850
(301) 340-3200
Prayer for Jury Trial
Plaintiffs request a trial by jury on all issues in this matter.
