COULD IT BE POETIC JUSTICE?

After examining all the legal angles of the Kalpoe/Dr. Phil case I decided get some legal advice from Steven Snider, a criminal defense attorney out of Atlanta, Georgia.


Michelle:

If the Plaintiffs (Kalpoes, et al.) do not come up with the discovery as required, the Defendants (Dr. Phil, et al.) can move to dismiss the case. Most likely the judge will grant the motion and order the case to be dismissed with prejudice. If this happens and the Kalpoes are in default, can Dr. Phil's attorneys file a motion with the Court ordering the Kalpoes pay their (Dr. Phil's) attorney fees? Am I correct?

Steven Snider:

Yes. That is only if Dr. Phil's attorneys wish to pursue that. In order to do so they would have to file a motion with the Court showing this was a frivolous lawsuit, had no merit, and was a waste of the Court's time and taxpayers money. If the Judge agrees to the motion, he/she has the SOLE DISCRETION to order that the Kalpoes PAY Dr. Phil's attorney fees.

Michelle:

Not to mention they could responsible for their OWN attorney fees, right? (Unless someone was paying their bill all along, but I'm rooting for contingency.)

Steven Snider:

It is depends on what has been stipulated by the Court and how the parties wish to handle it. But yes, in the worst case scenario those boys are screwed.

Michelle:

(Jumping with elation...) YES! If the Kalpoes were taken on as clients under contingency that means the Kalpoe attorneys fronted all the money to put this lawsuit in place: the filing fees, man/woman hours putting the case together, money spent on phone calls, faxes, copies, retrieving records, etc. That adds up $$$ and they will want to recoup that...as you know attorneys want their MONEY!

Thanks for your time Steven! Aruban Boycott may ask you to come back again to explain some other procedural issues as they arise.

CUTTING THEIR NOSES OFF TO SPITE THEIR UGLY MUGS...

Bottom line: If Deepak et al does not come up with their "discovery" to show CBS, et al, then their suit will most likely be DISSED AND DISMISSED.


How'd ya like that Kalpoes? Did you know that if you lose or dismiss a civil suit with prejudice YOU are responsible for attorney fees? Wonder who is paying your bill?

Judge Gives Dr. Phil,

CBS Access To Holloway Files

(CBS) LOS ANGELES Lawyers for CBS Television and "Dr. Phil" McGraw can have access to e-mails and Aruban documents about two brothers arrested, then released, in the disappearance of Alabama teenager Natalee Holloway, according to a ruling obtained Wednesday.

Deepak and Satish Kalpoe allege they were defamed in a Sept. 15, 2005, "Dr. Phil" show during which it was alleged that 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 court papers.

Los Angeles Superior Court Judge Edward A. Ferns issued a 12-page ruling Friday that upheld the tentative ruling he reached in favor of CBS and the celebrity doctor before he took the case under submission Aug. 30.

"The documents are relevant to the most fundamental issues in this case," Ferns stated. "There is no other (information) which can substitute for the documents sought by the defendants due to the nature of this case."

Ferns stated it is not important that the majority of the documents sought by CBS and McGraw attorneys are in the hands of Aruban authorities.

"Most, if not all documents originated in Aruba, simply because that is where Natalee Holloway went missing and where the criminal investigation arose," Ferns stated. "The competing policies of California and Aruba would not be undermined by production (of the documents)."

Attorneys for CBS and McGraw maintain they need the information to refute the Kalpoes' defamation suit filed last Dec. 13. But lawyers for the brothers say much of the information the defense wants is in the hands of Aruban authorities, who they say have refused to release it until the investigation is complete into Holloway's disappearance.

Holloway was vacationing with friends on the Caribbean island resort when the 18-year-old vanished the night of May 30, 2005.

The Kalpoes and another Aruban resident, Joran van der Sloot, were arrested in the girl's disappearance but later released.

The Kalpoes and van der Sloot have maintained that they were not involved in her disappearance. They denied rumors and allegations they had sex with her.

Attorneys for CBS and McGraw claim documents exist showing the Kalpoes admitted to both Aruban authorities and to van der Sloot that they had sex with Holloway.

In a separate declaration to Aruban police, van der Sloot said "that he thought ... Deepak Kalpoe had raped the girl and thereupon murdered her," according to the defense's court papers.

The CBS/McGraw lawyers also want copies of all e-mails between the Kalpoes and other people regarding the case.

Edmund J. Siegert, an attorney for the Kalpoes, said during the Aug. 30 hearing that he is "between the old proverbial rock and a hard place" because his ability to comply with Ferns' order is dependent upon what Aruban authorities decide to give him.

"No one wants to thumb their noses at any of the institutions here," Siegert said. "I'm trying to balance ... and not get anyone in trouble with any tribunal."

But defense attorney Charles L. Babcock said during the same hearing that the lawyers for the Kalpoes were being "duplicitous" in their arguments because Aruban authorities have often discussed the Holloway case in the media.

"When it helps them they will solicit statements from authorities in Aruba about this case," Babcock said.

In another ruling today Ferns has now made final, the judge denied a motion by the CBS/McGraw attorneys to dismiss the estate of private investigator Jamie Skeeters as a defendant in the lawsuit.

The Kalpoes allege that associates of McGraw sent Skeeters to Aruba to develop material for a segment of the show dealing with the Holloway case.

Skeeters, using a family friend and co-worker of Deepak Kalpoe, gained his confidence by saying he could help exonerate both Kalpoes of any wrongdoing in the Holloway case, the suit states.

Skeeters then secretly videotaped and recorded an interview with Deepak, according to the suit. Part of the interview was broadcast during the "Dr. Phil" segment, including statements the suit maintains were "significantly manipulated and altered."

Skeeters died Jan. 24.

In addition to defamation, the Kalpoes' suit alleges invasion of privacy, emotional distress, fraud, deceit and civil conspiracy.

The CBS/McGraw lawyers maintain the Kalpoes are public figures who are obligated to show the defendants knew the statements during the "Dr. Phil" episode were false, or that they acted in reckless disregard for the truth.

A case management conference is set for Nov. 7.

On June 1, another judge dismissed a wrongful death case against the Kalpoes by Holloway's parents, ruling the Los Angeles Superior Court did not have jurisdiction. The parents maintained the brothers conceded jurisdiction when they filed their lawsuit in Los Angeles against CBS and McGraw

http://cbs2.com/local/local_story_255140039.html

WHAT TO DO NOW?

Texas Equasearch Going Back to Aruba

Tim Miller and the Texas Equasearch team are going back to Aruba for more intense water searches in late June. Let's hope the Caribbean weather forecast for this upcoming hurricane season is wrong or Tim Miller might have a very hard time accomplishing anything.


Aruba claims that they haven't been affected by a hurricane in over 100 years...but there is a little-known fact about Aruba: In 2004, Hurricane Ivan came close enough to Aruba to cause wind damage and high tides. "Ivan began to rapidly intensify again and became a Category 5 hurricane just north of the Windward Netherlands Antilles and Aruba on September 9 with winds reaching 160 mph (260 km/h)." (Source)

Another Legal Recourse?

We know now that the California judge dismissed the wrongful death suit against the Kalpoes...Beth and Dave's alternative recourse? The Holloway's can file a wrongful death suit in Aruba...but here's the Catch 22: They wouldn't be allowed to use ANY of the police documents or statements that the three boys made. And of course, you know the Arubans won't cooperate.

SO WHAT'S THE POINT?

Watch Kimberly Guilfoyle discuss these points and more
with Linda Allison, Natalee's aunt and Jossy Mansur:

VIDEO HERE

(thanks Carpe!)

DISSED AND DISMISSED

When it comes down to it, the law is the law. It has nothing to do with circumstances, events that occurred, what was said, what was done, and by whom...it comes down to the wonderful world of the United States civil procedure. In this case, we are dealing with jurisdictional issues.

AGAIN.

I'm sick of the ignorance and misconceptions that Beth and Dave were suing for money. I mean, c'mon! Does anyone believe "Mr. Internet Cafe" has stashed millions? The purpose of the lawsuit is what comes down to what is called a DEPOSITION. They likely would have lied under oath anyway...as would most sociopaths.


This legal defeat DOES NOT mean that the Kalpoe brothers are INNOCENT OF ANYTHING. I don't care what anyone says, Deepak DID SAY to Jamie Skeeters on that tape recording that HE HAD SEX with Natalee.


SKEETERS: "I'm sure she had sex with all of you!"

DEEPAK: "She did."

SKEETERS: "Good!"

DEEPAK: "Yeah she did."

SKEETERS: "Ok, Well I mean good. If she did fine..."

DEEPAK: "You'd be surprised how simple it was."

SKEETERS: "Really?"

Watch it for yourself HERE:

http://www.youtube.com/watch?v=YXD3hJu2-kY

It is CLEARLY AUDIBLE. I don't understand why there was even an issue to begin with. All those who are skeptics of that tape are delusional and clearly obtuse. Clean out that white trash wax out of your ears.

Bottom Line:

Jurisdiction will have nothing to do with the fate of the Kalpoe brothers. The "justice" of the legal system will have nothing to do with what happens to the Kalpoes. Definitely karma. Maybe some vigilante? I can only imagine some crazed psycho who has been following this case from day one will pull a "Jack Ruby"? They will be targets for a long time. As will Joran.


This was NOT a defeat for team Holloway. This was a temporary setback with "what goes around comes around" fate for them all. Their lives have been destroyed beyond repair. They will forever be known as those responsible for Natalee's fate. Will we ever know what went down? Maybe, maybe not.

But what DID go down will go down with them as well.

THEY WANT IT DISMISSED...WHAT DID YOU EXPECT THEM TO SAY?

I wonder who procured their ILLINOIS attorney, Kristina Beck? I don't find it a coincidence that this law firm is in close proximity of where Aruba casino boss Michael Posner is from. Do you think maybe he had anything to do with getting these boys their attorney? If not, then why an Illinois firm???? Who is paying? In addition, this woman is only 31 and only been practicing law for six years! I hope she knows who and what she is up against. This should be interesting...

Read about the law firm representing the Kalpoes...click here

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. (Is this the same mother who said, "Everybody lies"????)


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.

DR. PHIL'S LAWYER RESPONDS TO K2 BROTHERS

If it walks like a duck, and talks like a duck... You know the rest!

(Source)--LOS ANGELES - Two brothers who filed a defamation lawsuit against the "Dr. Phil" show for airing a segment about their roles as former suspects (WTF??? Get your facts straight Associated Press! THEY ARE STILL SUSPECTS!) in the disappearance of Natalee Holloway should not be entitled to punitive damages, an attorney for the show said.

Deepak and Satish Kalpoe, both residents of Aruba, filed the suit in December seeking unspecified damages against talk show host Phillip McGraw, CBS Television Distribution Group and private investigator Jamie Skeeters. (Good luck getting anything out of Jamie. Those bastards are probably inadvertently culpable for his premature death, too...)


The lawsuit alleges the show altered portions of a secretly recorded conversation between Deepak Kalpoe and Skeeters to "create false, incriminating, and defamatory statements that the plaintiffs engaged in criminal activity against Natalee Holloway." (I don't think the sentences, "So, you all had sex with her? Good for you..." and "Yeah, you wouldn't believe how easy it was that night..." were false statements. They came DIRECTLY out of Deepak's pie hole! Argue the tape ALL YOU WANT...the symantics and other words used surrounding those sentences prove Deepak's response is completely logical!)


William Haggerty, an attorney for McGraw and CBS, said in court papers filed Friday in Los Angeles that widespread news reports of the brothers' arrest "serves to mitigate any damages allegedly suffered by them and bars or reduces their right to recover any damages." Haggerty also denied his clients intentionally misrepresented any fact to the brothers or acted with malicious intent. Skeeters is being represented by a separate attorney. (Looks like the AP failed AGAIN to check their facts and note that Jamie recently passed away. Why is it that we, the bloggers and those who help find the FACTS are doing this for free out of the goodness of their hearts, while some numb-nut who has no idea what is going on gets paid good money for this misinformation?!?!)


An after-hours telephone message left Monday for the attorney representing the brothers was not immediately returned. (Of course not! That's a no-brainer...)


Holloway was 18 when she disappeared on May 30, 2005, while on a trip to Aruba with classmates from her Alabama high school. She was last seen getting into a car with the brothers and their friend, Joran van der Sloot. Police spent months searching for the missing teen, but the case did not lead to any criminal trial in Aruba. (Not due to lack of evidence or blatant lies and corruption...things like that don't lead to criminal trials in Aruba!) The brothers were released from police custody following their arrest and have not been charged in the case. (But remember, they are STILL SUSPECTS!)

MERI'S BACK--HONEST LEGAL OPINION

By Meri, Aruban Boycott Contributor

I haven't had much to say as of late but I wanted to voice my opinion on a few things.

The Dr. Phil Show is filmed in the United States and therefore any civil wrong-doing that someone may have perpetrated during the course of that show and that might have harmed the Plaintiffs (the Kalpoe's in this case), will give them legal jurisdiction.


This is quite different from the lawsuit that was attempted in NYC regarding Joran and Paulus as the accusations of various crimes happened on Aruba and NOT in the USA. There was never any personal jurisdiction here in the USA and the suit could only be heard on Aruba (which I doubt would have ever happened having viewed their judicial system and how they interpret it).


There was also the closely knit relationships among the Judges (the Court) and the parties involved. I don't think that any lawsuit would be a success on Aruba regarding this case.


As for extradition; Ramm is right. You can't extradite on a Civil matter. It is difficult enough to extradite on a criminal matter where evidence is clear; especially where treaties are in place.


That is where Ramm and I part ways.....as for his association with BFN and some of the people there, we totally disagree and I find that many of them have a strange way of showing support for Natalee and her family.


I NEVER believed for one second that Ramm had any sort of legal background or knowledge, but he is entitled to his opinions no matter how different from my own. He does come across as if he is an "expert" on certain subjects which I find amusing but harmless. He, like many of us have no actual standing in this case and all we can do are the following: offer support, help with the boycott movement; or do research so that we can impart a better understanding of the particulars involving this case and the places and people in the cast of characters.


Truth be told, other than some very good articles on various Internet sites, this boycott site, and some kind and compassionate people who have stood alongside the family, most of us have contributed nothing.


We have shown our compassion in many ways and hopefully, that has been a help to the family as they go through this long, drawn-out, exhausting process of trying to find the truth as to what happened to Natalee Holloway.


There are a few people working on some areas that may someday bring some International attention to Natalee's plight, but that hasn't happened as of yet.


As for the Kalpoe's and their lawsuit....it isn't as frivolous as it may appear at first glance. I don't believe one single word that comes from the mouths of the Kalpoes'. Joran, Paulus and the rest of the bozos on Aruba, but I DO know that Dr. Phil messed up. He made some unsubstantiated claims on his show and he has not been able to prove what he said. He based his comments on a tape that may or may not have been flawed and was most definitely edited. That alone means that the Kalpoes' may actually have reason to believe that they were Civilly injured.


Even the FBI has not supported the veracity of the Skeeter's tape and therefore we have no idea who said what to whom and what was true or edited. I doubt that the case will ever go to Court for trial and I believe that the powers that be at The Dr. Phil Show will settle this case with the Kalpoe's.


Frankly, the thought of them profiting from this situation makes me feel sick but the law is the law and Dr. Phil did damage not only to the suspects but to the entire case when he butted in. He simply did not have enough facts (no one does except for those who know the truth). Therefore, he left himself and his show open for a Civil action.


I hate to quote a television show, but it makes sense to listen to what Gil Grissam of CSI says when he states, "We always follow the evidence". In this case, most of the evidence has been lost, destroyed or never gathered.


After all this time, I still believe that Joran, the Kalpoes, some of their other associates, his father and others on Aruba know what happened to Natalee and I do NOT believe the "I left her on the beach story".


Do NOT be shocked or surprised if the Kalpoe Brother's DO profit from their lawsuit....it is not much of a stretch to picture them winning some kind of settlement since Dr. Phil was careless and since the tape that he used on his show was edited. They can be as guilty as hell and still win their suit.....it all depends on what was said, how it was said, the intent of what was said and what evidence there is to back-up their claims.


If it can be proven that Dr. Phil based his comments on an unproven video and audio tape and that the tape was not used in it's true content...therefore inflicting harm on the Plaintiffs....BINGO.


I will feel ill if the Kalpoes' are victorious but I will not be surprised.

Michelle's Opinion:

These faces don't look like those who are innocent.
If I were in deep shit I'd look pretty sad, too.

WHAT JUDGE ARE WE DEALING WITH HERE?

This is the Judge that will be presiding over the civil case against the Kalpoes.

Hon. Robert L. Hess

Check out his credentials here



Good lord...he was the Judge in the lawsuit against 'Aaanold' Swartzenegger's sexual harassment suit before he was elected Governor. Read on here.

THE KALPOES JUST 'GOT SERVED', OR SHOULD I SAY BITCH SLAPPED?

The only good thing about this situation is that it's keeping Natalee in the news. We will NOT GIVE UP! KEEP ON THE PRESSURE!



BOYCOTT! STAND UP FOR SOMETHING!

SOURCE The Kelly Group

Superior Court of the State of California, County of Los Angeles


Allegations in the lawsuit against Deepak and Satish Kalpoe include claims that they caused the death of Natalee Holloway by "intentionally, negligently, wantonly...unlawfully conducting themselves" to bring about her fatal injuries.


(What happened to their theory that they don't know where she is? Remember when Joran said, if she was alive and came back I'd hate her? The inconsistencies are endless...)


The wrongful death action was filed as a related case to an action the Kalpoes filed against the "Dr. Phil Show," and others.


Natalee's parents' attempt to get justice in Aruba have been repeatedly frustrated -- which is why we welcome the opportunity to file this civil case in Los Angeles," New York attorney John Q. Kelly, who represents both Beth and Dave Holloway in this action, said. "By filing this wrongful death suit, we hope to capitalize on the Kalpoe's decision to utilize the California courts in a frivolous claim for compensation, and give Natalee's parents the closure they need and deserve."

Great job by Klaasen for getting the goods...click here for the lawsuit

SUE HAPPY KALPOES TRY TO CASH IN ON THEIR CRIME

Sue! Sue! Sue! It has just been reported that both Satish and Deepak Kalpoe are suing Dr. Phil for the alleged 'tampered audio tape' of Jamie Skeeters and Deepak that was aired on the Dr. Phil show last year. In addition, John Q. Kelly filed a wrongful death lawsuit in California against the brothers. More details to follow. Why is Satish suing? He wasn't even involved in that taped conversation? I'd like to know what their cause of action is and where they are filing suit...which jurisdiction? This should be interesting to say the least.

I don't know how it can be PROVEN the tape was altered. I also don't know how or why JQK is choosing California as the state of jurisdiction to file the wrongful death action. Is this more money wasted full of empty hopes???

Read here for more info

NOW IT'S MY TURN--MICHELLE REALLY SAYS SO

Someone recently commented that this blog has nothing to do with Natalee and that I need to stay on the subject.

Here it is along with the annoying punctuation errors:

“What does all of this have to do with Aruba or especially Natalee Holloway. All these articles are old and things that happen everyday everywhere. Or you mean to tell me that in the US there are no corrupt police or servicemen. Because if you are saying that then i must say you are either very uneducated or very big hypocrite or just plain just looking stupid. Please if you are for Natalee, thats good but stay on the topic, and stop getting things on here that have absolutely nothing , but nothing to do with Natalee or the case.”

I am sorry to inform you that since Natalee’s murder has not been solved, none of us are investigators, and none of us hold the power to change a damn thing, what else can we do? The only thing we can do to bring forth change is to stop Aruba, The Netherlands and Netherland Antilles and bring them down.

It is called a boycott.

That is why this blog is called BOYCOTT ARUBA. This has become a grassroot movement. If you are interested in the boycott, by all means, stick around. If you are not interested in the boycott, then I suggest you look elsewhere for the redundant information you request.


If you don't realize, there is nothing more to report in this case. All witnesses have either been deemed un-credible or have mysteriously disappeared. All the forensic information is gone, destroyed or missing.


Bottom line: We know what happened to Natalee. Why rehash what we already know day after day? If that is what you are interested in, then I suggest you look at the Wikipedia version and get up to speed on what happened for the last 13 months. There is NOTHING new to report until the New York Judge makes her ruling!


So now it’s time for action on OUR part…the citizen’s part… by BOYCOTTING ARUBA and revealing them for the SCUMBAGS they are!