Denise Pflum : Judge Dismisses Family’s Search Request: Daughter’s Remains

FAYETTE COUNTY, Ind. — A Fayette County judge has halted a family’s search for their daughter’s remains.

On Monday, Fayette County Superior Court Judge Paul L. Freed granted a motion to dismiss a case pertaining to the search for Denise Pflum’s remains. Pflum went missing in March 1986 and was never found.

Pflum’s parents — David and Judy Pflum — filed a lawsuit in February to try to get permission to search a private, 326-acre property for their daughter’s remains. In their initial filing, the Pflums claimed they wanted to search the property for numerous reasons.

The Pflums indicated Denise’s car was found 1.3 miles from the property at the time of her disappearance. The Pflum family also alleged that Benjamin Q. Johnson — who police identified as a person of interest during their search for Denise — had unrestricted access to the land when Denise went missing almost 40 years ago.

In its lawsuit, Denise’s family also claimed that Johnson had confessed to having some level of involvement in or knowledge of Denise’s disappearance.

The property currently belongs to Erika Johnson. When Denise went missing, Erika Johnson’s father owned the land, per the lawsuit.

Previous Arrest in Denise Pflum’s Disappearance

Previous reporting indicates that, in July 2020, Shawn McClung was arrested for his role in Denise’s disappearance. He was preliminarily charged with voluntary manslaughter. McClung died at an Indianapolis hospital in September 2020.

In their lawsuit, the Pflum family claimed Benjamin Johnson and McClung used to host parties at the property that now belongs to Erika Johnson.

Denise’s parents — both of whom are now more than 80 years old — believe her remains and belongings may be located on the Johnson property. The Pflums claim Denise had the following items on her person when she went missing: a red Motley Crue t-shirt, striped blue jeans, white tennis shoes, a silver class ring with a red centerpiece stone, a gold ring with a red centerpiece stone, a metal dental retainer and car keys.

In the lawsuit, the Pflums claimed that, in previous rulings, the Indiana Supreme Court has maintained that human remains are considered the property of the decedent’s estate.

Judge’s Decision and Criticism

Despite the family’s claims, Freed granted Erika Johnson’s motion to dismiss, dubbing the Pflums’ complaint “facially defective by reason of the statute of limitations in such actions.”

Erika Johnson’s defense team indicated a six-year statute of limitations had long passed by the time the Pflums filed their lawsuit in February. The defense indicated that the six-year period began when Denise was declared legally dead on Sept. 12, 1996.

In an order granting Erika Johnson’s motion to dismiss, Freed criticized police’s initial investigation of Denise’s disappearance.

“It is impossible to imagine why this property was not thoroughly searched by law enforcement immediately after the original criminal investigation began,” Freed wrote. “Baffling? Nevertheless, there is no standard of law cited before this court that allows an extension of a statute of limitation period based upon the mere incompetence of a criminal investigation nearly four decades ago.”

Freed indicated that it is undisputed that Denise’s car was located near the Johnson property after she disappeared. The judge also wrote that Denise had told her parents she was returning to the area to pick up something she had lost at a party before she went missing.

Freed additionally conceded that individuals known to frequent the property and host parties were persons of interest in police’s investigation of Denise’s disappearance.

Before its most recent lawsuit was filed, the Pflum family had searched 14 properties for Denise’s remains. The owners of those properties voluntarily allowed the Pflums to conduct investigations, per the lawsuit.

The Pflums characterized their previous property searches as “minimally invasive.” According to the lawsuit, the family partnered with local law enforcement agencies and used K9 recovery teams during their searches.

When they first filed the lawsuit, the Pflums claimed their requests to search the Johnson property for their daughter’s remains had been denied.

Freed’s order to dismiss doesn’t completely close the case. The judge clarified that the Pflums have until Friday to amend their pleadings. If they choose to amend, the defense will be allowed to respond anytime before July 12.