Murdered Girl's Mother Files $10 Million Lawsuit

Murdered girl's mother files $10 million lawsuit

By PHIL CACKLEY and KEVIN KROLICKI

NEWS STAFF REPORTER, SPECIAL WRITER

The mother of a murdered teen-age girl has filed a $10 million lawsuit against two 18-year-old men convicted of killing the girl and leaving her body in a Superior Township field two years ago.

The suit was filed Wednesday in Wayne County Circuit Court in Detroit by Deborah Hulbert, on behalf of the estate of her 13-year-old daughter, Mary Anne.

St. Clair Shores attorney James Tanielian, representing Deborah Hulbert, characterized the legal action as “a victim’s rights suit” intended to prevent the two killers from ever profiting from their crime.

The suit names Christopher Machacek and Steven Stamper as defendants, along with a young neighbor of Hulbert. Also named as defendants are the killers’ guardians: Tudie Braddom. Stamper’s grandmother, and Diane McKenzie and Mary Ann Scheim, the aunt and mother of Machacek.

The suit seeks $2 million in damages against Stamper and Machacek for the statutory rape of Mary Anne Hulbert; $3 million in damages against the two murderers and the neighbor for “assault and battery and the resulting death” of the Hulbert; and $5 million in punitive damages against the trio.

A total of $5,000 in damages is sought from the guardians. State laws limit the liability of parents or guardians for the acts of their wards.

Deborah Hulbert lived with her daughter in a mobile home park in Canton Township at the time of the slaying.

Machacek and Stamper, both formerly of Ypsilanti Township, were found guilty in separate trials in Washtenaw County Circuit Court earlier this year. Machacek was convicted of first degree murder and sentenced to life in prison, while Stamper was convicted of second degree murder and also received a sentence of life in prison. Both denied killing Mary Anne Hulbert.

Testimony during the two trials showed that Hulbert was shot on Dec. 30, 1986, after Machacek and Stamper took her in Stamper’s van to an isolated area in northern Superior Township.

The apparent motive for the killing was the two boys’ belief that Hulbert was pregnant by Machacek. An autopsy, however, showed that she was not pregnant.

'If the attackers ... get movie rights or book rights or they win the lottery while in prison, they would have this judgment pending against them,' the lawyer explained.

Investigators said Machacek may have fired all seven shots that struck the girl. Stamper claimed in a statement to detectives that he fired once into the ground. He had provided the two rifles and ammunition.

In sentencing both defendants, Judge Henry T. Conlin said Machacek and Stamper were “partying” on New Year’s Day while Hulbert “was laying in those woods.”

Hulbert’s frozen body was found by rabbit hunters on Jan. 7,1987. Machacek and Stamper were arrested that night.

Tanielian acknowledged that “to a certain extent, damages are unrecoverable.”

But he noted that if Machacek or Stamper obtain money at any time in the future, the lawsuit and any legal judgment resulting from it could then be used.

“If the attackers ... get movie rights or book rights or they win the lottery while in prison, they would have this judgment pending against them,” Tanielian said. “If it does happen, we feel they shouldn’t profit from it.”

The lawyer noted that other killers, such as Charles Manson and David Berkowitz, have earned substantial money while in prison for writing books on their crimes.

“This is the kind of sensational story that attracts the tabloids,” he said.

Hulbert also sued the teen-age neighbor, who was a witness at the murder trials, because “we feel she was involved indirectly,” Tanieliann said.

That neighbor drove Mary Anne Hulbert from her trailer out to Geddes Road, where the victim met Machacek and Stamper.

The lawyer also said a suit may be filed in the future against the Canton Township Police Department, which Deborah Hulbert had faulted in the past for not reacting quickly enough on her report that her daughter was missing.

“We’re still in negotiations with them. We may be able to resolve that,” Tanielian said.

Deborah Hulbert could not be reached for comment this morning.