According to ABC News the "only suspect" has already been arrested in the case of a young mother that has been missing since November of 2011 following her appearance, opposite her former fiancé, in the People's Court television program. Her mother has now filed a wrongful death lawsuit naming the former fiancé as the defendant.
Dale Smith was named the "primary suspect" by the police two days after his parent's home was raided. Though no sign of Michele Parker has been found, her parents are moving forward with their suit in the hopes of gaining information as soon as possible.
The former couple appeared on the popular daytime program due to a dispute over Parker's $5,000 engagement ring.
After the episode finished taping, Parker brought the couple's two children to Smith's home.
Smith retains custody of the two since Parker's disappearance, twin four-year-olds.
The Parker estate attorney, John Morgan, said that Smith was "negligent or otherwise committed a wrongful act and caused the death of Michelle L. Parker."
So far police have located Parker's vehicle and cellular phone. The phone was discovered at the bottom of a lake five minute's from Smith's home – and 40 minutes away from where Parker had lived.
The lawsuit claims that Parker "died on or about November 17, 2011 as a direct and proximate result of the negligence of the Defendant." Morgan added, "That's the day we believe it happened."
Morgan said that Parker's mother, Yvonne Stewart, "doesn't want to believe it happened, but everyone knows what happened and when it happened. We think she was killed."
The filing reads, "If the said Defendant had not been negligent or otherwise committed a wrongful act, and if said Defendant had acted appropriately in accordance with the prevailing standard care of the Defendant, there would not have been any injuries or damages sustained by Michelle L. Parker."
The investigation is still ongoing according to Orlando Police Sgt. Jim Young. The lead detective in the case commented that Smith is still considered a suspect and there are no new updates.
Morgan claims to have evidence, including text messages, against Smith. Morgan added, "…we have some pieces that when taken with testimony may tell a more full story and that testimony has to come from Dale and his parents."
Attorney Mark Nejame is representing Smith in the lawsuit. Nejame commented, "They're barking up the wrong tree. They've been frustrated for a long time because law enforcement hasn't found a scintilla of evidence that ties him to her disappearance or murder...Just because everyone thinks he did it doesn't mean he did it."
Najame said that his client willingly spoke to the police four times. He also allowed law enforcement into his home to conduct a search. Nejame added, "They've tailed him. They've spoken to every person who has basically known him and there's nothing to link him to her disappearance or death. Our hearts go out to Michelle Parker's family, truly, but sadly a lawsuit against Dale Smith is not going to bring them any closer to finding out what happened to Michelle Parker."
Filing a wrongful death lawsuit, without first having proof that there was a death, is problematic, but as this case shows it's not impossible. If you believe that you have evidence of a wrongful death contact a personal injury lawyer for help.