Late musician’s foreclosure case dismissed
But death of heavy metal guitarist Oliver Herbert remains unsolved
ASuperior Court judge has dismissed the foreclosure case involving the Stafford Springs home owned by heavy metal rock star Oliver Herbert, leaving the property under control of his wife, who has been questioned by state police about his mysterious death last October.
The Freedom Mortgage Company had filed for foreclosure against Oliver Herbert alleging that he hadn’t paid any of a $132,000 mortgage on the house he and his wife Elizabeth lived in on Satkowski Road. Herbert never filed an appearance in the case and never went to court, so a judge found him in default.
The mortgage company filed a motion in December seeking permission to sell the home, but that never occurred and now the mortgage company is no longer fighting the judge’s decision to dismiss the case entirely.
Attorney William Davenport, who represents the mortgage company, could not be reached for comment Friday. Manchester attorney Anthony Spinella, who is representing Elizabeth Herbert, declined to comment Friday. The foreclosure case was dismissed May 20.
Spinella has said previously his client initially cooperated with the state police after her husband’s death, allowing them to search the couple’s home and giving them an interview. But he said he has now informed police that any further requests should come through him.
The State Police Eastern District Crime Squad is investigating Herbert’s death, which has been labeled suspicious.
Herbert was reported missing by his wife about 3 p.m. on Oct. 16, and his body was found by police face down at the edge of the pond where the water was only a few inches deep. Friends said he was supposed to go to a neighbor’s house the night before to watch a movie but didn’t go because he wasn’t feeling well.
The state medical examiner’s office ruled that Herbert, 44, drowned, and called the manner of death “undetermined.” The manner of death is usually listed as homicide, suicide or accident, but state Chief Medical Examiner Dr. James Gill said Herbert’s case will remain undetermined unless new information is developed.
State police sources said police are compiling a timeline of Herbert’s last 24 hours, reviewing his medical history and searching for people who may have been in contact with him on or before Oct. 16, when his body was found in Hydeville Pond in Stafford Springs. The couple has lived in a home that borders the pond since 2014, town records show.
Herbert was a founding member of All That Remains, a Springfield-based heavy metal band that recently released its ninth album and completed a tour in Europe. His death caused a stir among some of his friends, who are now questioning how he died. Some of them have started a Facebook page called “Justice for Oli Herbert.”
One of the things that has made Herbert’s friends suspicious and has drawn the attention of investigators is an 11-page will that was signed in the parking lot of an auto dealership on Leibert Road, as well as a life insurance policy mentioned in the will of which Elizabeth Herbert is the sole beneficiary. The will was filed in probate court in late December. There is no attorney signature on it or any indication that it was reviewed by any legal representatives.
The will names Elizabeth Herbert as executor and sole benefactor. It says that under no circumstances should Oliver Herbert’s sister, Cynthia Herbert, become executor or receive anything from his estate.
The will states that Elizabeth Herbert should get all “property as well as any current or future earnings.”
The Herberts purchased the home in 2013 for $135,000, according to town records. It is appraised at about $200,000, the records show.
Elizabeth Herbert hasn’t commented on her husband’s death other than a Facebook post in which she wrote that she had received a toxicology report on Herbert from the medical examiner.
“Oli was apparently selftreating for manic-depression that has run in his family for several generations,” she wrote. “Antidepressants were found in his system, as well as a sleep aid.”