DISTRICT COURT, LA PLATA COUNTY, COLORADO 1060 East Second Avenue Durango, Colorado 81301 Telephone: (970) 247-2304 and Defendant: MARK REDWINE. a COURT USE ONLY a Attorney for Defendant: Christian A. Hatfield TUCKER, BURNS, YODER & HATFIELD 105 North Orchard Avenue Farmington, New Mexico 87401 ‘Telephone: (505) 325-7755 Email: [email protected] Fax: (505) 325-6239 Atty. Reg. #: 44136 Case No: 2015 CV 030101 Div. #4 DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS COMES NOW the Defendant, Mark Redwine, by and through his counsel, Christian Hatfield, Tucker, Burns, Yoder & Hatfield, and submits Answer and Counterclaim in response to plaintiff's complaint: ANSWER 1. Admit. 2. Admit. 3. Admit. 4. Admit 5. Admit. 6. Admit. 7. Deny. 8. Deny.9. Admit, 10. Deny. 11, Admit 12. Deny. AFFIRMATIVE DEFENSES 1. Plaintiff’s claims are time-barred under CRS. § 13-8-102. 2. Plaintiff's claims are barred by the doctrine of laches. 3. Plaintiff's claims are barred by the doctrine of unclean hands. 4. Any damages suffered by plaintiff are the result of plaintiff's own negligence, comparative fault and intentional acts. COUNTERCLAIMS 1, Plaintiff Elaine Redwine has engaged in extended, vitriolic and abusive litigation against Mark Redwine in relation to the dissolution of the parties marriage since 2005, including over 130 pleadings, accusations, recriminations, violations of court orders and more. 2. The conditions of that domestic litigation, which were present for much of Dylan Redwine’s life and of which he was fully aware, were, to put it mildly, less than civil. 3. Many of the same or worse accusations, disparagement and loathing commentary were made, on information and belief, directly to Dylan while at his mother’s home. 4. ‘These conditions created the environment that was Dylan Redwine’ life and ultimately likely led to his death; while Dylan’s cause of death is not known and may never be known, it is ‘more likely than not that he left Mark Redwine’s home during the Thanksgiving break 2012, possibly encouraged by Blaine Redwine and met with whoever or whatever caused his death. 5, But for the actions of the plaintiff it is more likely than not that Dylan would not have lefthis father’s home and would be alive today. 6. Inaddition to the litigation that consumed much of the parties’ and Dylan’s life over the past decade, Elaine Redwine has, up to and including the present, blamed Mark Redwine for Dylan’s disappearance and ultimately for Dylan’s death, a pattern that preceded Dylan’s death by many years. 7. The extreme and outrageous accusations against Mark Redwine include, but are not ited to, statements to law enforcement officers that Dylan’s disappearance and later death were Mark Redwine’s fault hindering law enforcement from pursuing a full investigation into other possible suspects and non-human causes of death, public accusations in newspapers, social ‘media, national television and other forums. 8. Inaddition, Elaine Redwine filed for a restraining order in Colorado Springs, Colorado, making factually inaccurate representations to a court that Mark Redwine had been guilty of domestic violence and posed a danger; in truth, the only reported incident of domestic violence during the parties” marriage involved Mark Redwine being beaten unconscious and left bleeding on the floor of his home overnight in Elaine's Redwine's presence. 9. Elaine Redwine has, on information and belief, led a concerted campaign to blame Mark Redwine for his son’s tragic death, including on social media, threats of violence, death threats, vandalism, harassment and intimidation so extreme that Mr. Redwine is forced to Jive mainly on the road as a trucker. 10. Elaine Redwine has pursued a campaign to influence law enforcement to treat Mark Redwine as a suspect—the only suspect--in his son’s death, despite the lack of any evidence in support of that theory; leading, on information and belief, to Jaw enforcement focusing attention solely on Mark Redwine, which may ultimately lead to neither of Dylan’s parents ever knowinghow he died, in violation of basic principles of investigation for more than a hundred years. (See Arthur Conan Doyle: “Once you eliminate the impossible, whatever remains, however improbable, must be the truth.”) 11. This conduct, all of which has been wholly intentional--coupled with the loss of his son has been so extreme as to shock the conscience of a normal person, and has rendered Mark Redwine nearly unable to work, to live in his home without fear, or to engage in many of the normal daily activities of life. COUNT ONE-NEt 1. Counterclaimant repeats the allegations of the paragraphs above as if contained herein, 2. Blaine Redwine, mother of Dylan Redwine, created the conditions that directly and proximately caused the death of Dylan Redwine, which continue to the present day accusations, which have been grossly negligent, based wholly on Elaine Redwine’s own feelings of ill-will toward Mark Redwine. 3. Elaine Redwine’s actions, in addition to causing the death of Dylan, have effectively hindered law enforcement for two years from pursuing the actual cause of Dylan's death or identify any suspects or causes of that death. 4, Asa result of the actions of Elaine Redwine, Mark Redwine may never know the cause of his son’s death. 5. Asarresult of the actions of Elaine Redwine, Mark Redwine suffered damages in an amount to be proven at trial. 6. Mark Redwine repeats the allegations of the paragraphs above as if contained herein. 7, Blaine Redwine’s actions, including tormenting Mark Redwine publicly and enlistingothers to do so, blaming Mark Redwine for Dylan’s death despite all the evidence to the contrary, enlisting locals to harass, threaten, and damage Mark Redwine’s person and property, and repeatedly attempting to persuade law enforcement that Mark Redwine caused Dylan's death, up to and including the present filing, are so extreme and outrageous as to shock the conscience. 8. Asa result of Elaine Redwine’s actions, Mark Redwine has suffered damages in an amount to be proven at trial. WHEREFORE, defendant/counterclaimant requests the court dismiss all of plaintif?'s claims, award damages, costs, attorney’s fees and all other relief allowed at law and such other relief as this court deems just. TUCKER, BURNS, YODER & HATFIELD ds/ Christian A. Hatfield Christian A. Hatfield, Atty. Reg. #44136 Attomey for Defendant In accordance with C.R.C.P. 121 § 1-26(9) a printed copy of this document with original ‘signatures is being maintained by the filing party and will be made available to inspection by other parties or the Court upon request. CEI CATE OF FILING | certify that on this 14th day of August, 2015, the foregoing was e-field with La Plata ‘County Court and a copy was served upon counsel for plaintiff: Law Office of Amber Harrison Amber Harrison, Esq. 361 S, Camino Del Rio, Suite 290 Durango, Colorado 81303