BTK BACK TO COURT FOR WRONGFUL DEATH LAWSUIT

Aug. 4

We know that Dennis Rader plans to act as his own attorney in the civil lawsuits filed by the families of BTK's victims but one and possibly all of the families could get what they want from Rader without a trial.

When Rader filed to act as his own attorney in the civil cases a week ago, some experts said it appeared as though BTK was trying a different tactic to torture the victims families.

But because of Rader's mistake, BTK might not get that chance.

Defense Attorney Dan Monnat says it's anybody's guess whether Rader shows up in court.

What is certain about this latest BTK chapter is whatever happens will be hugely significant to the case's civil portion.

It all stems from Rader missing his response deadline in the Marine Hedge wrongful death lawsuit.

Since Rader did not respond within 20 days, legal experts say the plaintiff, in this case Hedge's family, wins by default.

Monnat says if a default judgment is taken against Dennis Rader, that ends the proceedings.

He says there won't be a trial. There won't be an opportunity for Rader to act as his own lawyer or cross examine family members of his victims. And if that happens, Monnat says it is likely the same action will be taken in all of the other cases where Rader has not filed an answer.

Monnat says if Rader had filed in time, he could have had a good grounds for defense based on the statute of limitations.