Marin, California – from www.marinij.com – The mother of a slain Novato woman has filed a wrongful death lawsuit against the man accused of bludgeoning her daughter with a bat.

Claudia Stevens filed the suit last week against James Raphael Whitty Mitchell, who is charged with murdering Stevens’ 29-year-old daughter, Danielle Keller. Stevens is seeking unspecified compensatory damages for extreme emotional distress and “loss of love, comfort, society and support.”

A case management conference is set for Sept. 7 before Judge Verna Adams in Marin Superior Court.

Mitchell, who turned 30 on Saturday, is awaiting trial on charges of murder, domestic violence, kidnapping, child abduction, child endangerment, stalking and a special allegation of murder during the commission of a kidnapping.

Mitchell, a Pittsburg resident, is accused of clubbing Keller to death with a baseball bat and kidnapping their 1-year-old daughter. The attack occurred July 12 at the Novato home Keller and the baby shared with Stevens, a retired California Highway Patrol officer.

Police arrested Mitchell later that night after tracking him and the baby down in Citrus Heights. The girl was not physically injured.

The criminal trial is scheduled for Oct. 21 before Judge Kelly Simmons. Mitchell, whose late father and uncle founded the Mitchell Brothers adult entertainment empire, is being held without bail.

Prosecutors are not seeking the death penalty.

Mitchell had a history of domestic violence and two court orders barring him