Hearing held in Michelle Parker negligent death lawsuit

ORLANDO, Fla. – The family of Michelle Parker, who was reported missing in 2011, is suing Parker's ex-fiance in her death and disappearance.

Parker's family filed a negligent death lawsuit against Parker's ex-fiance, Dale Smith. Parker's parents want Smith to talk under oath about Parker's disappearance.

“I really don't know yet I’m hoping that in the case of good versus evil that cliche that the right thing would happen and that maybe one day the truth will come out and we will be able to find Michelle and we know what happened,” Parker’s mom, Yvonne Stewart, said.

Parker, 30, was last seen alive dropping off her her children at Smith's home in 2011. Smith denies any wrongdoing.

“I wish we were dealing with somebody that had the heart do to the right thing but we will do it this way if this is how it's supposed to go,” Stewart said.

The attorney for the family of Michelle Parker plans to get the deposition on video.

“One of the reasons I want it on video is you can't judge a person's demeanor, their tone, their reaction on a cold transcript video. Deposition gives you the advantage to look at a person and judge their credibility or lack of credibility, even without an answer, people read body language,” attorney Belvin Perry said.

Smith's attorney filed a motion saying he wanted a blanket protection of his Fifth Amendment rights and not have to do a deposition. The judge said no to that request, adding that Smith can exercise his Fifth Amendment rights, but he has to answer every question.

The judge has not ruled on if Smith's deposition can be sealed to the public, as Smith's attorney is requesting.

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