A judge has decided to let the family of Glen Cove murder victim Denice Fox continue to pursue a lawsuit against the psychologist who had treated Fox's murderer and the residential facility that released the killer before the grisly slaying in 2006.
Evan Marshall, now 39, is serving a term of 30 years to life in prison after pleading guilty in 2007 to killing Fox, whose body he dismembered.
Authorities found the 57-year-old retired teacher's head in the trunk of Marshall's car and recovered the rest of her body in his family's basement.
The victim was a neighbor of Marshall's mother.
State Supreme Court Justice F. Dana Winslow's Aug. 29 decision said questions must be answered about the information that Marshall's psychologist had or should have had about him while he was a patient at a facility in Brewster that was run by SLS Residential Inc.
Winslow's decision, which dismissed some other parties from the lawsuit, said the plaintiffs have alleged Marshall was out on a "pass" from the mental health/drug abuse treatment program when he murdered Fox.
It said the victim's family claims that letting Marshall leave the facility was "wholly inappropriate" because of his prior history of violence and his impulse and anger problems.
The victim's family also alleges that, while Marshall was admitted to the program voluntarily, the defendants breached their duty to the public by failing to seek his involuntary commitment.
David P. Gureasko-Moore was the psychologist who treated Marshall at the Brewster facility, according to court records. His attorney couldn't be reached Tuesday.
Attorney John Craig of Manhattan, one of the lawyers representing Fox's family, said: "We are of course pleased that the court properly found that the Fox family is entitled to have a jury hear their case."
Attorney Robert Weis of Carmel, who represents SLS Residential Inc., said Tuesday that he had complete confidence that whatever claims that remained against his client would be dismissed.