Aruban Brothers Want Natalee Holloway Lawsuit Dismissed
LOS ANGELES — A lawsuit filed in Los Angeles against two Aruban brothers by the parents of missing Alabama teen Natalee Holloway should be dismissed on grounds the case has no connection to California, the siblings’ lawyers argue in court papers obtained Tuesday.
Los Angeles Superior Court Judge George Wu will consider the motion brought on behalf of Deepak and Satish Kalpoe, but no date was immediately set. The next scheduled hearing in the case is April 2.
The brothers’ attorney, Kristina M. Beck, filed court papers last Tuesday in support of the dismissal.
The Kalpoes and another Aruban resident, Joran van der Sloot, have been the subject of scrutiny by Aruban authorities and the U.S. media. All three were arrested in connection with the Holloway case and later released.
Beck’s court papers state that an important ruling occurred Jan. 24, when another Los Angeles Superior Court judge, Edward A. Ferns, ruled that the wrongful death claim of the teen’s parents against the Kalpoes is substantially different from the siblings’ defamation case against “Dr. Phil” McGraw.
“These actions do not arise from the same or substantially identical transactions, happenings or events…,” Ferns wrote, in ruling that both cases should not be kept before the same judge.
The Kalpoes sued McGraw and CBS Television on Dec. 13, alleging they were defamed in a Sept. 15, 2005, show dealing with the still-unsolved case. Although the Kalpoe brothers had been released from Aruban police custody, the “Dr. Phil” episode suggested they gave Holloway a date rape drug and had non- consensual group sex with her, according to their lawsuit.
The episode also implied the siblings helped kill Holloway and dispose of her body, according to the lawsuit.
The Kalpoes and van der Sloot have maintained that they were not involved in her disappearance and did not have sex with her.
In addition to defamation, the Kalpoes’ suit alleges invasion of privacy, emotional distress, fraud, deceit and civil conspiracy.
Natalee Holloway’s parents, Elizabeth Ann Twitty of Alabama and Dave E. Holloway of Mississippi, filed a wrongful death suit against the Kalpoes the next day, even though their daughter’s body has never been found and Aruban authorities have not determined if she is dead or alive.
Natalee Holloway was vacationing with friends on the Caribbean island resort when the 18-year-old disappeared the night of May 30, 2005.
Twitty and Dave Holloway, who are divorced, maintain that by bringing an action against McGraw in Los Angeles, the Kalpoes voluntarily submitted themselves to the Los Angeles Superior Court jurisdiction.
But in her court papers, Beck argues that Twitty and Holloway are not part of the defamation case; that the alleged misconduct by the defendants in the lawsuits occurred in two entirely different locations — Aruba and California; and that one suit involves wrongful death and the other defamation.
In support of her motion, Beck attached to her court papers a declaration by the Kalpoe brothers’ mother, Kemwattie Ramirez, stating that her sons live with her in Aruba and have no ties to California.
“Neither Deepak nor Satish has ever traveled to California, or anywhere within the United States, for business or pleasure,” according to their mother, who also said her sons have no business, employment of financial ties to California.
Twitty and Dave Holloway also filed a wrongful death suit last year in New York against van der Sloot and his father, but a judge there also threw it out for lack of jurisdiction.
Meanwhile, a motion is set before Judge Ferns on Thursday in the defamation case.
Hat Tip – BFN Member Sindalle
NATALEE HOLLOWAY FOUNDATION
We are now approaching two years since the disappearance of our daughter, Natalee Holloway. I expect there will be many new developments in our case, prior to May 30th 2007. I continue to remain positive and confident there will soon be resolution.
During this brief pause, I want to express my great appreciation for the tremendous support of the many dedicated persons who have provided untold time and effort to our cause.
Over the past year, several individuals and myself developed a non-profit organization. The primary purpose of this foundation is to assist other families that need assistance in location and/or recovery of missing/endangered family members.
Although we are committed to seeking justice and resolution for our daughter, we also desire to reach out and assist others who are also in dire need of assistance and support. We are all here to help.
For more information, please contact Debbie or our website at nataleehollowayfoundation.net.
Again, thanks for all your kindness and support. We need everyone’s input and support to help this organization grow.
Thank you!
Dave, Robin and the Board of Directors
No Damages in Holloway Case
15 February 2007
AMSTERDAM – Paul van der Sloot, father of the main suspect in the Natalee Holloway case, has not been awarded any damages by the court in Aruba. The decision cannot be appealed.
Paul van der Sloot was himself detained from 23 June until 26 June 2005 in connection with the disappearance of American high school student Natalee Holloway. The examining magistrate decided at the time that there was not enough evidence of involvement in the case.
The father of Joran, who is still a suspect in the case, based his claim for damages on this decision from the magistrate. Last year the court initially ruled that he should be granted damages of 40,000 Aruban guilders (18,000 euro).
The court has now ruled that his arrest at the time was “without grounds but not unjustified.” “So he will not be getting anything,” summarised lawyer Arie Swaen.
Eighteen-year-old Holloway disappeared after a night out on 30 May 2005. She left a nightclub with three young men and was never found. The police have arrested ten people since her disappearance but all have since been released.
There was much criticism from the US about how Aruban authorities handled the case. The Netherlands has led the investigation since September and made officers of the national police corps available to the effort.
Beth to speak about Spring Break safety to Wake Forest students
Beth Twitty, the mother of Natalee Holloway, will speak to Wake Forest students about spring break safety at 7 p.m. Feb. 28 in Pugh Auditorium. The event is free and open to the public.
Holloway disappeared in May 2005 while on a senior graduation trip to Aruba. Her disappearance generated a six-month national media sensation. Holloway remains officially missing to this day, although Aruban authorities believe she is dead.
