cuchulainn
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from the New Orleans Times Picayune
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Victim's spouse fights anti-lawsuit bill
Sniper's gun allegedly used to kill his wife
Wednesday November 05, 2003
By Bruce Alpert
Washington bureau
WASHINGTON -- After testifying against one of two men accused of killing his wife in a deadly sniper spree, James Ballenger III said he wants to talk to lawmakers about a bill that would block victim lawsuits against the seller and maker of the rifle authorities say was used in the slaying.
Hong Im Ballenger, 45, was shot in the head Sept. 23, 2002, in Baton Rouge with a bullet that prosecutors say came from the same gun used in 13 sniper attacks that killed 10 people and terrorized the Washington, D.C., area one month later.
In testifying last month against John Allen Muhammad, who along with Lee Boyd Malvo is accused of the shootings, Ballenger said he was determined not to be intimidated.
"From what I had seen and heard about the trial, he (Muhammad) stared and glared at everybody that testified," Ballenger said. "I was just determined not to allow him to get to me, and I looked him dead in the eye. He couldn't look back me. He looked away from me. He knew that Jesus was on my side and he did wrong."
Ballenger, 57, is now looking for the same opportunity to directly confront the 55 U.S. senators sponsoring a bill that could invalidate a lawsuit filed on behalf of nine sniper victims against Bull's Eye Shooter Supply, the Washington state gun dealer that investigators say supplied the weapon used in the shootings, as well as the gun's manufacturer, Bushmaster. Among the sponsors are Louisiana Sens. John Breaux and Mary Landrieu, both Democrats.
"I did my 20 years in the Army so we would have our freedoms, including our right to go to court to redress a wrong," Ballenger said. "I think it's wrong to vote for a bill that would take away that right. If they (the gun dealer and gun manufacturer) really didn't do anything wrong, what are they afraid of."
Ballenger met last summer with staffers for Landrieu and Breaux, but he says he wants a chance to make his case directly to the senators.
The bill, which is backed by the Bush administration and already has passed the House, could reach the Senate floor next week. It would prohibit most lawsuits against manufacturers and dealers for harm caused by criminal misuse of their products.
Breaux and Landrieu say that a business should not be subject to costly litigation for selling or manufacturing what is a legal product in the United States, staffers said Tuesday. Both senators have said they want assurances that gun manufacturers and dealers will not be immune from being sued for actions that are clearly negligent.
Representatives of Breaux and Landrieu said the senators would be available to discuss the issue with Ballenger before they vote on the legislation.
Ballenger said the past year has been difficult for him and his three children, especially his youngest, Joshua, who was with him when he arrived at the parking lot outside his wife's beauty shop on that September night in 2002.
He told jurors that the lot was full of police cars, their lights flashing, and as he got out of the car, he told his son to stay put because "I don't know how seriously Mommy got hurt."
A friend of his wife's had called Ballenger to say that she had been in an accident, and he assumed it was minor and that she was fine, "which is why I took my son," he said. Police told him that she had been pronounced dead at the scene from a high-velocity gunshot wound.
"Such a wonderful woman," Ballenger said of his wife of more than 22 years. "When I met her in Korea, I was not on the right path. Not living a life that Jesus would approve. Well, she put me on the right path. I accepted Jesus because of her, and I never looked back. She was such a good person, such a good mother; her loss is just so tough."
Ballenger said his close relationships with his son and other family members, including two grown children, are what keep him going.
The legislation Ballenger is working to defeat faces an uncertain future. It has 55 sponsors, including Senate Minority Leader Tom Daschle, D-S.D., which means it needs five additional votes to block a filibuster promised by opponents.
"This legislation will protect America's firearms manufacturers and dealers from malicious lawsuits aimed at bankrupting a law-abiding American industry," said Chris Cox, the National Rifle Association's chief lobbyist.
Bruce Alpert can be reached at [email protected] or (202) 383-7861.
©2003 NOLA.com.