February 16, 2006
HarryTho 2/16 Natalee Holloway CommentaryTopics: Natalee Holloway
This evening I had intended to continue last night's commentary on the aim of the Scrux effort; however, interesting developments today have re-oriented my efforts. This morning, we received news, via the Joran van der Sloot blog, that the Van der Sloots were served by the law firm of Charbourne & Parke LLP in New York City.
The service listed three counts: sex with a minor, false imprisonment and malicious interference. The Joran van der Sloot blog outlines how the service was perfected in hotels and as the flights touched down. Clearly, it was a well-orchestrated effort by the law firm in order to coordinate their service.
Since the Van der Sloots reside in Aruba outside the jurisdiction of the United States of America, a law firm with international law experience was required. Interestingly, the portfolio for Chadbourne & Parke does not list any specialty related to the charges contained in the service or any experience with Dutch law. As a private law firm, the service contends only civil remedies.
In reviewing the counts reported, some may immediately be discounted via a motion for summary judgement.
The first count: sexual assault against a minor, we have to adjudicate whom is the minor. Since this service has to be within the scope of international law, an age acceptable to international standards for statutory rape must prevail. That age could not be more than 16. Accordingly, since Natalee Holloway as 18, this count seems frivolous. To the best of my knowledge, the age in Aruba is either 14 or 16 for statutory rape. The only except is sex with a person who is mentally incompetent in order to understand the nature of the sex act. In this instance, the fact that Natalee Holloway traveled to Aruba on her own and managed to attend a number of function unassisted, this except would not apply.
The second count: false imprisonment, requires a lot of evidence. First, the person complaining must have been restrained on all sides. Second, there had to be an intent to restrain the complainant. The intent element is the prime factor in false imprisonment. In a sense, one of the three suspects has to confess that the suspects had the intent of kidnapping Natalee Holloway. With the three suspects released form custody for lack of evidence, this count seems way beyond the reach of the most talented litigator. Additionally, John Q. Kelly lacks a bona fide complainant. John is facing circumstantial evidence extravaganza!
The third count: malicious interference, seems bizarre, even for a courtroom pleading. The only idea that comes to mind is some allegation against Paulus van der Sloot, based upon hearsay. However, we must understand that the Dutch court cleared Paulus van der Sloot of all suspicions and released him from the case. It seems clear that res judicata prevails in this count.
For the benefit of our readers, res judicata is a rule of law that states once a case has been decided judicially, then it is settled forever. Paulus van der Sloot can summary plead this count away.
Accordingly, I find no substance to these counts. to me, a simple motion for summary judgment for frivolousness ends this case. If the motion for summary judgement is granted ... and it should be ... then attorney John Q. Kelly could be held liable for all the damages.
Rita Crosby of MSNBC News aired the lawsuit fiasco. The Van der Sloots were coming to the USA to air their side of the story on ABC News. The lawsuit was served under the jurisdiction of the Supreme Court of the New York State. Paulus was served at the Lucerne Hotel while Joran was served at the JFK Airport. Apparently, this entire snare was orchestrated by Beth Twitty. Paul Reynolds was interviewed and did his best to distance himself from this lawsuit. He did agree that it was a good thing.
Steve Cohen came on to emphasize ... more than once ... that no one was guilty in Aruba.
Jossy Mansur just had to share that the news shocked Aruba. /he also talked about some bad ants in Deepak's car.
Rita went through the charges against Joran and Paulus. All the charges seemed like copies of Beth's fantasy diary. One charge described Joran as an ecstacy dealer that prowled the island of Aruba for blondes to sexually assault.
Vito Calucci admired Beth for orchestrating such a coup.
Rita brought a panel of lawyers: Gloria Allred, Mickey Sherman and Anne Bremner. Gloria and Mickey shot down this service as lacking jurisdiction: The first motion would be dismiss for lack of jurisdiction, and the case is gone. Anne Bremner feels that American sentiment may sway the jurisdiction issue. All the lawyers point to the Fifth Amendment as a recourse for the defendants: Paulus & Joran, that would prevent the plaintiffs from acquiring any new information.
For our readers, lack of jurisdiction contends that a lawsuit was served in New York State where none of the parties reside nor any of the allegations occurred. This renders the lawsuit void in New York State.
One issue that came out was that the plaintiffs were not citing wrongful death which means that they are not required to prove wrongful death. Rita feels that the plaintiffs have their case from Beth's diary. Of course, how accurate is Beth's diary. The lawyers were uncomfortable with the idea that any of this case would ever be heard in the state of New York.
One comment on the law firm Chadbourne & Parke is that their speciality would be more in line with what Rupert Murdoch engages ... acquisitions, mergers, etc. Since John Q. Kelly provided the scoop of this story to Greta of Fox News, there exists some smoke that Rupert Murdoch (News Corp.) is concerned about his assets in the Netherlands Antilles.
Greta of Fox News interviewed John Q. Kelly in Palm Beach, FL. John went over the complaint that his people filed at 11:00 AM today. John is justifying jurisdiction for the civil lawsuit by the fact that the Van der Sloots were in New York, and he served them and filed the lawsuit in New York.
In his rendition of the events as they transpired today, John implicated the airlines carrying Joran in releasing privileged information. The FBI might be interested in how a lawyer in Florida can obtain passenger information on a flight from the Kingdom of the Netherlands to New York City. The hotel security of the Lucerne might be questionable, as well. It would appear that the guest list of the Lucerne is open to the public.
Julia Renfro described what Antonio Carlo will be pleading in court tomorrow in an Aruban Court. Carlo will ask that Joran van der Sloot be released from suspicion in the case. Julia reports that Karin Janssen will oppose the motion to have Joran released form the case. As for the recent lawsuit in New York, Julia just mentioned that Police Chief Dompig received the word about 4 PM today.
Greta held her council of Bernie Grimm, Jeff Brown, Jim Hammer and Ted Williams. Bernie was happy for the Holloways. Jeff Brown characterized the lawsuit as nonsense. He claims that there exists no evidence whatsoever that any of the charges in the lawsuit can be substantiated. There exists no sexual assault. Jim Hammer feels that there might be some chance in a civil case for some of the claims.
Ted Williams states that the first action will be a motion for summary judgment for lack of venue and/or jurisdiction. He feels that no discovery will ever be allowed by the Van der Sloots. They just need to return to Aruba and ignore the lawsuit entirely, if the summary judgement fails.
With Aloha, Posted for HarryTho
Posted by Richard at February 16, 2006 11:31 PM
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