BFN Member’s Response to the Dismissal of the Lawsuit
They can dismiss all the cases they want. Shoot them down as they are brought up. They will NEVER dismiss my concern, my passion, my dedication, my LOVE for this family.
Not one single person here thought this was going to be easy. Not one of us thought finding Natalee’s justice, BEING NATALEE’S VOICE, was going to be an easy task. We have been beaten down, we have been disappointed, we have had our hopes dashed in front of us on national TV while hour long sitcoms took pot shots at us. And still we are here.
Still we gather together in the chat room and pray together, with people who once were only strangers to us, we come together across the country, across the world, and we come here every single day and we pledge our support to this family.
We never thought this would be easy and that’s a good thing because it is going to be hell. We will face this last disappointment the way we have faced all of them and then we will get back up and show that family that we are still standing. WE ARE STILL STANDING UP FOR THEM.
I am sorry things went the way they did, I am sorry my own tax dollars, the very ones I made at my office today when I should have been crying my eyes out in a courtroom, I am sorry those tax dollars paid for it.
But do not let anyone, especially not the Kalpoe brothers, especially not Joran, especially not the government of Aruba, think for one second that this was a VICTORY for them. Because I am still here, because you are still here, because Natalee’s memory and spirit and heart is still here.
So let them dismiss this case. They cannot dismiss us.
Hat tip: Sindalle
(Thank you Sindalle, you have put into words what is in our hearts)
Wrongful Death Lawsuit Dismissed In Holloway Case
(CBS) LOS ANGELES – A wrongful death lawsuit filed in Los Angeles against two Aruban brothers by the parents of Alabama teen Natalee Holloway was dismissed Friday by a judge.
Los Angeles Superior Court Judge Charles C. Lee granted a motion by Deepak and Satish Kalpoe to throw out the lawsuit brought by Elizabeth Ann Twitty and Dave E. Holloway because it has no connection to California and the court has no jurisdiction over the siblings.
Natalee was vacationing with friends on the Caribbean island resort when the 18-year-old disappeared the night of May 30, 2005.
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 girl’s disappearance, but were later released.
The Kalpoes and van der Sloot have maintained that they were not involved in her disappearance and also have denied rumors and allegations they had sex with her.
According to court papers filed by the brothers’ attorneys, an important ruling occurred Jan. 24 in another case involving the Kalpoes in which they sued “Dr. Phil” McGraw and CBS Television for defamation.
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 defamation lawsuit against the celebrity doctor.
The Kalpoes allege they were defamed in a Sept. 15, 2005, “Dr. Phil” show that they maintain falsely suggested they gave Holloway a date rape drug and had non-consensual group sex with her.
The episode also implied the siblings helped kill Holloway and dispose of her body, according to the lawsuit, which is the subject of a hearing scheduled for Wednesday.
“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.
In addition to defamation, the Kalpoes’ suit alleges invasion of privacy, emotional distress, fraud, deceit and civil conspiracy.
William Cremer, an attorney representing the Kalpoes in both the wrongful death suit and the defamation case, said outside the courtroom that he is pleased with the ruling dismissing the suit by Natalee’s parents.
“It was what we anticipated,” Cremer said. “The only reason it was filed was to detract attention from the Dr. Phil case.”
Cremer said the only proper place to file a wrongful death case would be in Aruba, but he said that also would be pointless.
“They don’t have a shred of evidence against them,” Cremer said. John Q. Kelly, an attorney for Twitty and Dave Holloway, said he was disappointed with the ruling and will talk with his clients about their future course of action, which could include an appeal.
“There are all kinds of promising issues,” Kelly said. Natalee’s parents were pessimistic about the chances of the lawsuit going forward, in part because their previous wrongful death suit, filed against van der Sloot last year in New York, also was dismissed, Kelly said.
Unlike the case against the Kalpoes, van der Sloot was personally served with the lawsuit against him during a visit to the U.S., Kelly said.
Twitty, of Alabama, and Holloway, of Mississippi, filed their suit against the Kalpoes the day after the brothers sued McGraw. The suit maintained they caused fatal injuries to Natalee, even though her body has never been found and Aruban authorities have not determined if she is dead or alive.
Twitty and Dave Holloway, who are divorced, maintained that by bringing an action against McGraw in Los Angeles, the Kalpoes voluntarily submitted themselves to the Los Angeles Superior Court jurisdiction.
But in their court papers, attorneys for the Kalpoes argued 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 their motion, the siblings’ attorneys attached to their court papers a declaration by their 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.
George “Jug” Twitty, Twitty’s most recent husband and Natalee’s stepfather, filed for divorce in December. Before the breakup, he and Elizabeth Twitty made numerous media appearances together after Natalee went missing.
