By Sarah Karush, The Associated Press
Detroit (AP) -- In a case for both the law journals and the supermarket tabloids, the father of a slain police officer is fighting to have his son’s brief marriage to a topless dancer annulled, claiming she lied about her sexual orientation when they were wed.
At stake is about $350,000 in death benefits, payable to the widow.
Officer Matthew Bowens, 21, had filed for a divorce a few weeks before he and his partner were gunned down Feb. 16 during a traffic stop. Because the divorce was never finalized, Anya Bowens stands to receive death benefits _ money the officer’s parents say she has no right to take.
James Bowens is far from the first parent to disapprove of his daughter-in-law, but his case is unusual: Family law experts said no court has ever granted an annulment sought on behalf of a dead person.
Anya Bowens’ lawyer says the claim against her has no legal merit and was intended solely to harass her.
Matthew and Anya Bowens met when he responded to a call at the Crazy Horse, the Detroit club where she worked. About a year and a half into a stormy, on-again-off-again relationship, the couple rushed to get married. Just six weeks later _ last December _ they separated after she told him she was a lesbian, according to James Bowens. Matthew Bowens filed for a divorce in January.
“Matthew had already filed for divorce and wanted nothing else to do with her. So all we’re doing is trying to fulfill one of his last wishes in life,” James Bowens said. “It’s not about the money for us at all.”
In court papers filed last week, Anya Bowens denied she concealed anything from her husband at the time of their marriage.
Tom Moses, owner of the Crazy Horse, said he believed Anya cared about Matthew and was sincere about making the marriage work. But he said Anya was open about the fact that they broke up because of her sexual orientation.
Before she stopped talking to reporters, she told The Detroit Free Press last month that her husband’s former colleagues on the force have been following her in police cars, threatening her and calling her names over the dispute.
Police spokeswoman Tara Dunlop confirmed that Anya Bowens had filed a complaint against the department, but would not provide details. She said the complaint was forwarded to the Office of the Chief Investigator, which reports to the civilian Board of Police Commissioners.
In the initial reports about the killings of the two police officers, Anya Bowens was left off the list of family members in deference to Matthew Bowens’ parents. She told the world about her existence at the officers’ funeral, which was broadcast on three Detroit TV stations.
“I’m pretty sure that many of you don’t know me, but I am Matthew Bowens’ wife,” she said before leading mourners in a tearful prayer.
Anya Bowens’ lawyer, Pat Prince, said there is no legal basis for an annulment. “You cannot annul a marriage when someone dies,” Prince said. “Anya’s only asking for what she’s entitled to.”
Susan E. Cohen, a Bloomfield Hills family lawyer, agreed that a marriage cannot be annulled after death. She said the parents were not a party to the marriage and do not have legal standing to contest it.
Phyllis G. Bossin, a Cincinnati attorney who chairs the family law section of the American Bar Association, said third parties have sought annulments on behalf of dead people in other states. None has been granted, she said.
She also questioned whether someone could prove fraud over sexual orientation.
“You don’t know what the person’s intent was,” she said. “Look at all the people who want to try to live a heterosexual life, and they just can’t follow through with it.”
James Bowens said his son was devastated when Anya broke the news of her sexual orientation to him, five days after the family had a reception for the newlyweds. The couple had married just a few days after getting back together for the third time, he said.
“We were leery, and we told him to wait to be sure: `Don’t rush into this.’ But he cared for her so much at the time, he wouldn’t listen,” James Bowens said. “When she destroyed him, he had nothing left but anger and hate because, you know, you can just take so much.”