Motion to dismiss continued again in ESL burial suit

By Amelia Flood | Jul 24, 2009

Defendants in a suit over the burial of the wrong murder victim in East St. Louis will continue to wait to hear whether the suit against them will be dismissed.

The motion was to be heard July 16 but was continued until August because the plaintiff's attorney has asked to withdraw from the case.

The City of East St. Louis and Detective Michael Floore of its police department had asked that St. Clair County Circuit Judge Michael O'Malley throw out a suit brought by Kathleen Beecher-Miller.

Beecher-Miller contends that Floore and the East St. Louis police department failed to properly identify her deceased son, turned his body over to the wrong family and that he was then buried under the wrong name.

Beecher-Miller contends that her son, Kenny Thomas Stainbeck, was a homicide victim. His misidentification led to his burial under the wrong name, a mistake that his mother argues caused her severe emotional distress, medical bills, pain and mental anguish.

She also had to have his body exhumed and reburied.

Beecher-Miller's suit asks for damages in excess of $100,000 and costs.

O'Malley was originally scheduled to hear the dismissal motion May 28. He continued the matter to July 16 over the defendants' objections.

However, according to an order signed by O'Malley July 16, the matter will now be heard Aug. 26 at 10 a.m. because plaintiff's counsel moved to withdraw from the case.

That motion was not in the court file as of Friday.

Plaintiff's counsel is listed as Gary Mack of Belleville in court records.

Untress Quinn of Belleville is representing the city and the detective.

The case is St. Clair case number 09-L-081.

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