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 $$$ and they will want to recoup that...as you know attorneys want their MONEY!
Michelle:
If the Plaintiffs (Kalpoes, et al.) do not come up with the discovery as required, the Defendants (Dr. Phil, et al.) can move to dismiss the case. Most likely the judge will grant the motion and order the case to be dismissed with prejudice. If this happens and the Kalpoes are in default, can Dr. Phil's attorneys file a motion with the Court ordering the Kalpoes pay their (Dr. Phil's) attorney fees? Am I correct?
Steven Snider:
Yes. That is only if Dr. Phil's attorneys wish to pursue that. In order to do so they would have to file a motion with the Court showing this was a frivolous lawsuit, had no merit, and was a waste of the Court's time and taxpayers money. If the Judge agrees to the motion, he/she has the SOLE DISCRETION to order that the Kalpoes PAY Dr. Phil's attorney fees.
Michelle:
Not to mention they could responsible for their OWN attorney fees, right? (Unless someone was paying their bill all along, but I'm rooting for contingency.)
Steven Snider:
It is depends on what has been stipulated by the Court and how the parties wish to handle it. But yes, in the worst case scenario those boys are screwed.
Michelle:
(Jumping with elation...) YES! If the Kalpoes were taken on as clients under contingency that means the Kalpoe attorneys fronted all the money to put this lawsuit in place: the filing fees, man/woman hours putting the case together, money spent on phone calls, faxes, copies, retrieving records, etc. That adds up $$$ 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.
17 comments:
Thank you Michelle for sharing this information from Steven Snider.
Yelp, the Kalpoes are screwed and I am loving this.
Just a slice of the pie. The rest is rest to come.
Boycott Aruba
Justice for Natalee
The clean-up or cover-up cost of this messy lawsuit will be astronomical and horrific for Kalpoe attorneys. They will not be welcome to set foot on Aruba again by the island government who got fooled into investing millions of florines into this LOL lawsuit. No tourists are going to come and help to foot the bill.
Good job Michelle
KLPD want to comply with the US Judge's order and hand their Aruban case files to the US Court. Aruba angrily protest against the notion. The cultural dispute has splitted the relationship between Holland and Aruba. Aruba want to go alone, get independent from Holland, and get allied with Hugo Chavez in Venezuela. Aruba don't anymore Americans on their soil. They begin to ask Julia R to leave the island nation on her own recognition. She can sell her newspaper business to the Aruban goverment for a fair market price. Aruba is asked to go Anti-America with the promise of huge financial aid from Chavez.
Michelle, thank you. This was a HUGE question in my mind.
I expect that the lawsuit will be dismissed. That said, I actually agree with the poster above :shock: that the Kalpoes will not be welcome on Aruba.
Michelle, your support for this family has been unwavering. It is recognized and appreciated, once again, as you bring us GOOD NEWS!
Thank you.
Thank you wingnut...I haven't been doing this for 2 years for "shits and giggles". I want justice. And you can use that word justice AS WIDE as you'd like. I'm a vigilante at heart, so be it.
THANK YOU.
If the Kalpoes don't hand over their documents, them and their attorneys are held in contempt of the court punishable up to two years in jail. The imprisooment is proportional to the value of the lawsuit which is fast approaching to one billion dollars. The California courts weight and grade the lawsuits based on the taxpayers' discretion and distribution. Someone always have to pay for their crimes, and this is the California justice. The Kalpoes and their lawyers have no alternatives but dutifully submit all the documents in their processions to the court to avoid the judgement. The strategy of the Kalpoe camp is to drag the Sloots out in the open, and shift the blames on Joran and Paulus. And the Kalpoe brothers are seeking the witness protection program from the US Government. They are currently under threats and house arrest citation in Aruba.
It is a CIVIL lawsuit. The Kalpoes will not go to jail unless the Aruban authorities put them there. The California Courts have no criminal jurisdiction. This is a CIVIL trial, lets remember that.
Like you said, Judge Rik Smith will follow the trend to play down the crime as a civil case, and eventually let the J2K go free. That's a worry. The Arubans will do anything to clear their names.
Hopefully the October new Beth book will bring in a lot of PR and deep pocket donors for the FindNatalee Fund. First thing is for the World PR to force a change of the secret police laws in Holland and Aruba, so the victims' families can access the case files.
The new Aruban Prosecutor is even more biased and vengeful than Karin Jassen. She wanted to name Beth as a new suspect based on NLDP's new study. She also requested the forensic files from FBI. Look like Aruba is at all out to fight back. Aruba wants to change the underdog image in this humiliating Dr. Phil lawsuit. Judge Rik Smid relied that that won't be necessary. They have enough suspects in their hands already. Karin Jassen had questioned a total of more than 12 suspects in the past two years before she was fired from her job.
Dr. Phil has deep pockets and are covered by a London multibillions media insurance policy. He just wants Beth to have a chance to speak at her book show on her own forum without the manipulations from Greta.
The United Kingdom is more united in helping her missing citizens on foreign soil than America. It is a shame to our current government.
Michelle,
Thank you for consulting an attorney with your questions.
A poster above mentioned criminal penalties, and that brought a question to the forefront of my mind.
What if:
The Kalpoe's DO provide the requested discovery, and as a result of such - their criminal activity against Natalee is revealed in the California court.
What then, if any, possible criminal ramifications are there for the Kalpoe brothers to face in a US criminal court?
Would a California (or a federal court, for that matter) have any type of criminal jurisdiction at that point against these two suspects?
Good question. I can probably figure this out with some research, but I will ask Steven as well.
My guess is that NO, they have no jurisdiction to do anything to them criminally. Plus, this happened outside the U.S., so that is a huge jurisdictional issue.
That is entirely possible. The world has gone tremoudous change about global injsutice around the world. People want to eradicate the dirty poilces who conspired with the foreign criminals and smugglers to fund the terrorists acts. The World of Justice in Hague is dynfunctional, who sheltters the criminals from South America including Aruba. The change made recently in the secret police laws in Portugal is one big positive step forward. The dirty poilce in Portual are under serious scrutiny about blaming victims game. The corrupt police took bribe and drug money from the crime mafia, being lazy and not doing their duties. And they had damaged Portugal's reputation in tourists business. The EU is pushing the same change in Holland and Aruba. Like the Portugal judge, eventually the Aruban judge will be wise enough to hand over the Kalpoe brothers for the US poilce to interview them and ask the right questions. There will be some kind of limited exchange of jurisdicttions agreement between countries to counter the terrorism. Kidnapping is regarded as an act of terrorism.
Chavez advised Odubar to form a socialist government and abolish the October elections completely. He is backing Odubar with his new Russian submarines. And will sink the Dutch navy if they dare to interfere with the Aruban government. Socialist Prime Minister has a lifetime presidency, and there is no term limit. He also demand Oduber to nationalize ISA, kick out all the English teachers, no English will taught in any schools in Aruba. Only Dutch speaking will be allowed, to be in line with Chavez's New Antiliies policy.
Chavez is very Anti-American, he encourages and supports drug trafficking as a means to bring down the American government. He said also there is no need to turn over any documents to the American judge, just send the Kalpoes to California for the trial. He will send the best of his socialist lawyers to represent them in court.
Be it.
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