thedrifter
05-24-06, 07:00 AM
Iraq casualty can rest in peace
Ashes to go to family farm in Croswell
BY JOHN MASSON
FREE PRESS STAFF WRITER
May 24, 2006
Nearly a year and a half after the parents of Marine Lance Cpl. Allan Klein lost their son in a helicopter crash in Iraq, a settlement hammered out in Macomb County Circuit Court will finally enable the divorced couple to lay him to rest.
An order signed by Judge Diane Druzinski prevented a trial that was to begin Tuesday.
The order requires that Klein be cremated and his ashes spread on his father's family farm in Croswell, a small town near Lexington in Michigan's Thumb. The order also requires the family to place a marker for Klein in Great Lakes National Cemetery in Holly.
Prominent on that stone, according to Druzinski's order, will be the word "Marine," in capital letters.
The compromise ends a case that has grieved both parents since Klein and his entire unit perished in the crash in a January 2005 sandstorm.
Klein's father, Manfred Klein of Monroe County, initially wanted his son to be buried in a cemetery in Croswell; Klein's mother, Rae Oldaugh of Roseville, wanted him buried in Great Lakes National Cemetery.
The Marines told Manfred Klein to arrange the burial, according to the lawsuit. But when he tried to do so in Croswell, Oldaugh went to court to block him.
Complicating the case was a military form that didn't specify which of Klein's parents should handle the burial, said Daniel Shemke, Oldaugh's attorney and brother.
"The new forms that they're using now ... have been modified to ask the service member to specify an individual to make the arrangements ... largely because of this case, and because it brought some things into public view about deficiencies in the forms," Shemke said.
While legal arguments raged and possible compromises fizzled, Klein's remains stayed in a crypt at Sacred Heart Cemetery in Roseville.
"Both sides are not getting something that they wanted, and both sides are getting something that they wanted," Shemke said. "Most good settlements end up with both sides giving up some of what they wanted ... and everybody finding a way to live with that outcome, and I think in this case, that's what happened."
Druzinski's order sets out both sides' responsibilities for the burial in 14 numbered paragraphs, beginning with the removal of Klein's remains from Sacred Heart and his cremation. The paragraphs go on to spell out who will pay for what, when and where ceremonies will be permitted, and even who may attend those ceremonies.
"I guess the bottom line is the parties just reached agreement on the settlement," said Manfred Klein's attorney, Derek Wilczynski. "My client feels it's a good result, and he's happy with it, and that's it."
Attorneys for both sides are glad the case is over.
"This was a different kind of civil case," Shemke said. "It wasn't about the payment of money."
Contact JOHN MASSON at 586-469-4904 or masson@freepress.com.
Ellie
Ashes to go to family farm in Croswell
BY JOHN MASSON
FREE PRESS STAFF WRITER
May 24, 2006
Nearly a year and a half after the parents of Marine Lance Cpl. Allan Klein lost their son in a helicopter crash in Iraq, a settlement hammered out in Macomb County Circuit Court will finally enable the divorced couple to lay him to rest.
An order signed by Judge Diane Druzinski prevented a trial that was to begin Tuesday.
The order requires that Klein be cremated and his ashes spread on his father's family farm in Croswell, a small town near Lexington in Michigan's Thumb. The order also requires the family to place a marker for Klein in Great Lakes National Cemetery in Holly.
Prominent on that stone, according to Druzinski's order, will be the word "Marine," in capital letters.
The compromise ends a case that has grieved both parents since Klein and his entire unit perished in the crash in a January 2005 sandstorm.
Klein's father, Manfred Klein of Monroe County, initially wanted his son to be buried in a cemetery in Croswell; Klein's mother, Rae Oldaugh of Roseville, wanted him buried in Great Lakes National Cemetery.
The Marines told Manfred Klein to arrange the burial, according to the lawsuit. But when he tried to do so in Croswell, Oldaugh went to court to block him.
Complicating the case was a military form that didn't specify which of Klein's parents should handle the burial, said Daniel Shemke, Oldaugh's attorney and brother.
"The new forms that they're using now ... have been modified to ask the service member to specify an individual to make the arrangements ... largely because of this case, and because it brought some things into public view about deficiencies in the forms," Shemke said.
While legal arguments raged and possible compromises fizzled, Klein's remains stayed in a crypt at Sacred Heart Cemetery in Roseville.
"Both sides are not getting something that they wanted, and both sides are getting something that they wanted," Shemke said. "Most good settlements end up with both sides giving up some of what they wanted ... and everybody finding a way to live with that outcome, and I think in this case, that's what happened."
Druzinski's order sets out both sides' responsibilities for the burial in 14 numbered paragraphs, beginning with the removal of Klein's remains from Sacred Heart and his cremation. The paragraphs go on to spell out who will pay for what, when and where ceremonies will be permitted, and even who may attend those ceremonies.
"I guess the bottom line is the parties just reached agreement on the settlement," said Manfred Klein's attorney, Derek Wilczynski. "My client feels it's a good result, and he's happy with it, and that's it."
Attorneys for both sides are glad the case is over.
"This was a different kind of civil case," Shemke said. "It wasn't about the payment of money."
Contact JOHN MASSON at 586-469-4904 or masson@freepress.com.
Ellie