Jury Finds Tracy Nessl McNamara killed Tim McNamara, Awards $3.3M in Damages
Trial Verdict 2022
There is a quote attributed to Buddha: Three things cannot be hidden long—the sun, the moon, and the truth. In this case it took seven years, but the truth is no longer hidden. According to a Grant County jury, Tracy Nessl McNamara killed Tim McNamara on Christmas Day in Belize, 2014.
Tim McNamara (in his 60s) and Tracy Nessl (40s) struck up a relationship in 2012. Just months into the relationship, Tim began giving Tracy over a million dollars worth of real property and life insurance, and then purchased a property in Belize for the couple to live on and run a bed and breakfast. But by 2014, Tim expressed concern over his safety, over Tracy’s faithfulness, and over his decisions to pass his entire estate to her. Then just days before his life insurance was set to expire, he was dead of a gunshot wound to the back of the head.
Karen and I filed this case in August 2015 on behalf of Tim’s kids, Jennifer Ralston Clark and Caleb McNamara. It made news locally, nationally, and internationally. Tracy would be represented by infamous criminal defense attorney John Henry Browne (JHB), whose antics may be ignored in the relatively fast-paced, government-run world of criminal prosecution, but were utterly insufferable for seven years in civil litigation. He began an obsessive feud with Karen picked up by the Seattle Times, and then sued our law firm on Tracy’s behalf for defaming her on our website. That case was dismissed at the trial court level, and affirmed on appeal. Despite claiming defamation, Tracy would go on to participate in multiple media and true crime shows.
Meanwhile the wrongful death/murder claim was fought bitterly in motions and investigated across the State and into Belize. Our client Jennifer Ralston Clark ventured to Belize multiple times in an effort to obtain evidence from authorities. We investigated every allegation thrown out by the defense, no matter how nonsensical or seemingly contrived. They were many, lurid, and outlandish. I took depositions across the state and three by video in Belize (which were recorded to be used in trial).
Trial—originally set for November 2020—was postponed due to defense counsel’s need for medical treatment, until March 2022. After one final attempt at delay by the defense, the judge ordered the case to be tried on schedule.
I was on leave and could not try the case with Karen so Furhad Sultani stepped in to assist. After a grueling three-week trial replete with venomous personal attacks against Karen, the jury spoke.
March 25, 2022:
Did Tracy Nessl participate in the willful and unlawful killing of Timothy McNamara? ANSWER: YES.
Sidebar: More than a year ago in a comment to me in one of our many contentious discovery phone calls, JHB says “I’ve been assured that even if you win this case Grant County juries do not award much money.”
The jury awarded over $3 million in damages, believed to be one of the largest verdicts in Grant County history.
This case has involved more legal issues than any wrongful death case I have ever heard of: wills and probate, trusts, inheritance, constructive trusts, undue influence, international evidence law, international discovery law, international marriage law, slayer statute, authentication of foreign documents, and I’m probably forgetting 100 other esoteric things I’ve had to research and will probably never revisit. But what a finish.
Sometimes the criminal process falls short, for various reasons. I am so happy for the vindication of our clients and the justice afforded the victim.
Shannon Kilpatrick led the trial brief, jury instructions, and MILs, and Anne Roberson and Debbie Watt did an incredibly job putting this trial together under a difficult timeline and stressful circumstances.
For more on this case please visit the firm page here.