Natalee Case Discussion #812 3/27/09 - 3/31/09

[klaasend]

I'm not a legal person but looks to me like the Kalpoes were DENIED 

[LilPuma]

Hello strangers!  Thanks for the update on the Kalpoes, Klaas.   Other than their Motion to Compel for Security Consultants, their requests were denied.  So the judge didn't approve their motion to compel Dr. Phil to produce something and the Kalpoe Motion to Dismiss sanctions against them or not complying with Dr. Phil's discovery requests was denied.  If I misunderstand this in some way, please let me know!  Who are Security Consultants? 

[wreck]

I'm not a legal person but looks to me like the Kalpoes were DENIED 

I read it (and I have been WRONG a few times!  ) that the Kalpoes motions to compel further evidence was DENIED. I also see that the FIRST cause for Dr. Phil to ask for dismissal and sanctions was denied (the judge wants them to meet further). But a SECOND motion to dismiss is still being considered by the judge with a ruling on April 10th expected.

[Tamikosmom]

* DEFENDENTS SECOND MOTION TO DISMISS ....

Klaas ... this section does not sound good for PHIL MCGRAW.  My take is that the motions to dismiss the defamation suit for failure to comply with court orders was denied and ... the judge is encouraging the parties to settle.

Hey ... maybe I have got it all wrong.  Story of my life.

  

Thank you for posting this update Klaas.

Janet

[LilPuma]

Read it again and the Judge also denied the Kalpoe motion to get more info from CBS. 

[LilPuma]

* DEFENDENTS SECOND MOTION TO DISMISS ....

Klaas ... this section does not sound good for PHIL MCGRAW.  My take is that the motions to dismiss the defamation suit for failure to comply with court orders was denied and ... the judge is encouraging the parties to settle.

Hey ... maybe I have got it all wrong.  Story of my life.

  

Thank you for posting this update Klaas.

Janet

This was a motion by the Kalpoes, who would not ask for the case to be dismissed.  So it must be for the sanctions imposed by the Kalpoe's failure to comply with court orders. 

[LilPuma]

Oops!  Wish I could edit my two posts.  I read it wrong, Tamikosmom.  The DEFENDANT's (Dr. Phil's) motion to dismiss and asking for sanctions against the Kalpoes (PLAINTIFF's) was denied.  This is bad for Dr. Phil. 

[Blue Moon]

Read it again and the Judge also denied the Kalpoe motion to get more info from CBS. 

The kalpoes filed against cbs & dr. phil, shouldn't they have come into this the information they needed to file the suit? Guess what I am saying isn't it up to the Kalpoes to have that information before they file suit or it can be dismissed as a frivolous lawsuit?

[klaasend]

Lilpuma - I read it the same way you do.  I look at this as a good indication even though it's not over yet. 

[LilPuma]

Read it again and the Judge also denied the Kalpoe motion to get more info from CBS. 

The kalpoes filed against cbs & dr. phil, shouldn't they have come into this the information they needed to file the suit? Guess what I am saying isn't it up to the Kalpoes to have that information before they file suit or it can be dismissed as a frivolous lawsuit?

In any lawsuit, there are documents and information that the parties cannot legally obtain without a court order.  So the case is filed and then the parties file Discovery Requests to obtain that information.  For example, you may need the telephone records of the person you are suing.  The phone company will not give them to you without a court order.  So  your attorney would file a discovery request to get them via court order. 

[klaasend]

Looks like a partial to me

[LilPuma]

Lilpuma - I read it the same way you do.  I look at this as a good indication even though it's not over yet. 

I had hoped some info about the case would come out of this bogus lawsuit.  Even if that never happens, I want the Kalpoes to hang their heads in shame along with their attorneys and anyone paying their expenses, as the case is dismissed without those thugs getting a dime. 

[Blue Moon]

Read it again and the Judge also denied the Kalpoe motion to get more info from CBS. 

The kalpoes filed against cbs & dr. phil, shouldn't they have come into this the information they needed to file the suit? Guess what I am saying isn't it up to the Kalpoes to have that information before they file suit or it can be dismissed as a frivolous lawsuit?

In any lawsuit, there are documents and information that the parties cannot legally obtain without a court order.  So the case is filed and then the parties file Discovery Requests to obtain that information.  For example, you may need the telephone records of the person you are suing.  The phone company will not give them to you without a court order.  So  your attorney would file a discovery request to get them via court order. 

thanks, that makes sense. 

[LilPuma]

Sorry I can't stick around, but glad to hear this case is not dead in the (pond) water and Dr. Phil is prevailing. 

I can only hope someone puts some GHB in Joran's drink tonight as he parties in Thailand. 

[texasmom]

http://www.bondia.com/index.php?option=com_content&task=view&id=4032&Itemid=1



Papiamentu translation:

sacando water contamina of dam of monserat for facilita buskeda for curpa of natalee holloway

saturday, 28 march 2009

oranjestad—algun inhabitant of north do not nothing contento cu is sacando water of the dam of monserat for so can busca the curpa of natalee holloway. comentarionan cu good morning aruba owing to ricibi is cu not have one indicacion earnest cu berdad the curpa is throw eyden, specialmente for motibo cu had much time cu the dam was seco y not owing to achieve nothing, besides cu water of yobida acumula in the dam is bay perdi. sinembargo, is deal here of water cu do not serve for usage, neither for wet kill. santa rose, cu have maneho of the damnan for his cuenta owing to confirma cu by cu owing to work casnan all rond of the dam, practicamente owing to crea one situation ahygienico in the dam cu all consequencia negative. the water is totalmente contamina y under none circumstancia can permiti his usage, is the informe cu owing to achieve of santa rose. for such motibo also autoridadnan owing to achieve prudente for let saca the water, y so permiti the buskeda at the supuesto curpa. have to tell cu the buskeda is owing to base of peticion of the father of natalee holloway, esta dave holloway, that owing to ask fred golba for come aruba (pa of 9 biaha) y organiza the buskeda cu have to last 10 day. the motibo is the declaracion of one witness, cu live in the area, y will owing to see joran van der sloot at mud, cu one zapato in hand. joran will was together cu his father in the jeep suzuki cora. the witness here owing to happen the so calling polygraph test, for see if the is lie or not. the dam is stay one some panort of the ruta cu joran will have to did take hour cu past owing to come for of beach for his cas, the night cu natalee holloway owing to desaparece. yamativo of the desaroyo new is cu tim miller of texas equu search owing to critica golba of is crea problem for his organizacion, cu have intencion of go back aruba y efectua one buskeda big in lama again. is deal of one buskeda cu have one costo enormous, of 1.6 miyon dollar. according miller, fred golba owing to arrive aruba have permission of autoridadnan here y owing to crea iritacion. the fundado of texas equu search have fright cu for motibo of iritacionnan so, autoridadnan at aruba will can stroba another intentonan for busca the curpa of holloway. sinembargo, good morning aruba owing to compronde cu not have none iritacion among autoridadnan at aruba y fred golba, y is cooperando cu the buskeda here. comentarionan cu we owing to ricibi is show cu the two buskedanan here, esta of texas equu search y of golba is stop far of another. is deal here of two teoria completamente various, y the question is, cua of the teorianan here will follow in the pelicula of natalee holloway cu will happen at lifetime, day 19 of april proximo. as is conoci, beth twitty owing to let know cu the not was at height of the buskeda of golba at aruba. all the time, golba owing to achieve colaboracion of instancianan for pomp the water, for so the can bay “coba in mud,” determina for achieve the curpa of natalee holloway. come across

[Tamikosmom]

The following quote is the section that does not seem good to me.  Somehow the Kalpoes can refuse to comply time and time and time again with the court's order to produce evidence and ... still the judge will not grant the motion by McGraw's attorneys to dismiss the defamation lawsuit.  My take is the judge is attempting to get the McGraw's attorneys to back down.

Something tells me the McGraw's representative are going to be  backed into a corners and ... there will be no choice but to settle with the Kalpoes or proceed without requested documents.

 

Aruba wins again!!

Janet

++++++

* DEFENDANT - SECOND MOTION TO DISMISS AND REQUEST FOR TERMINIATING SANCTIONS FOR PLAINTIFF’S WILLFULL FAILURE TO COMPLY WITH COURT ORDERS.

The motion is called for hearing and is denied except for the following issue: SCS Request for Production.  The parties are ordered to meet to confur and attempt to resolve to issue.


JOHN Q. KELLY

Holloway Case: New Kalpoe Documents
Friday, September 14, 2007

KELLY: I believe David Koch (ph), one of the attorneys for the Kalpoes actually signed a declaration at the court indicating that even if the court ordered the documents be turned over, they were not going to turn them over, which was sort of, for lack of a better word, arrogant on his part. The court did not necessarily like that.

But I can't see them both using the courts as a sword and then a shield. They can't bring this action, they can't seek damages and not obey the orders of the court and expect their case to go forward.

http://www.foxnews.com/story/0,2933,296798,00.html

[Magnolia]

The following quote is the section that does not seem good to me.  Somehow the Kalpoes can refuse to comply time and time and time again with the court's order to produce evidence and ... still the judge will not grant the motion by McGraw's attorneys to dismiss the defamation lawsuit.  My take is the judge is attempting to get the McGraw's attorneys to back down.

Something tells me the McGraw's representative are going to be  backed into a corners and ... there will be no choice but to settle with the Kalpoes or proceed without requested documents.

 

Aruba wins again!!



Janet

++++++

* DEFENDANT - SECOND MOTION TO DISMISS AND REQUEST FOR TERMINIATING SANCTIONS FOR PLAINTIFF’S WILLFULL FAILURE TO COMPLY WITH COURT ORDERS.

The motion is called for hearing and is denied except for the following issue: SCS Request for Production.  The parties are ordered to meet to confur and attempt to resolve to issue.


JOHN Q. KELLY

Holloway Case: New Kalpoe Documents
Friday, September 14, 2007

KELLY: I believe David Koch (ph), one of the attorneys for the Kalpoes actually signed a declaration at the court indicating that even if the court ordered the documents be turned over, they were not going to turn them over, which was sort of, for lack of a better word, arrogant on his part. The court did not necessarily like that.

But I can't see them both using the courts as a sword and then a shield. They can't bring this action, they can't seek damages and not obey the orders of the court and expect their case to go forward.

http://www.foxnews.com/story/0,2933,296798,00.html

I don't think so Janet.

I think that the Kalpoes had filed a motion to make Dr. Phil and Skeeter's company produce some more
evidence.  That was denied.

Dr. Phil had filed a motion to dismiss the case.  A ruling on that issue will be handed down on 4/10/2009.

I think the judge would like them to decide what information they can do without.

[Tamikosmom]

According to Jamie Skeeters, the FBI was afforded possession of the hard drive that his interview with Deepak Kalpoe was recorded directly into.  Logic dictates that an analysis of the hard drive by the FBI laboratories should reveal if a manipulated tape was heard by the viewing audience of Phil McGraw.

Is this not what the single issue that is behind the Kalpoe’s lawsuit against Phil McGraw?

What am I not getting?

Janet
_______

THE HARD DRIVE

'Rita Cosby Live & Direct' for Oct. 12th
updated 8:04 p.m. PT, Wed., Oct. 12, 2005

COSBY: All of the tapes or just part of the tapes?

SKEETERS: I turned everything I had over to the FBI, yes.

http://www.msnbc.msn.com/id/9680121/


'Rita Cosby Live & Direct' for Oct. 12th
updated 8:04 p.m. PT, Wed., Oct. 12, 2005

SKEETERS: Well, see, that‘s the big issue here, Rita. I handed these tapes over to a very reliable company—it‘s called the FBI—a week or two ago. I‘m from the old school. I don‘t bring these things out in the public. You keep the integrity and the credibility of the evidence, and I can‘t think of anybody more credible than the FBI.

http://www.msnbc.msn.com/id/9680121/


'Scarborough Country' for Oct. 10th
updated 9:00 a.m. PT, Tues., Oct. 11, 2005

BETH HOLLOWAY TWITTY, MOTHER OF NATALEE HOLLOWAY:  The FBI has the taped evidence.

http://www.msnbc.msn.com/id/9662347/


Tale of the Tape Thursday
December 01, 2005

GRETA VAN SUSTEREN:  Dr. Phil and his staff stand by the tape they aired and claim Deepak admitted — and not denied — to having sex with Natalee. A representative for the "Dr. Phil" show specifically said that the show 1) Did not manipulate the Deepak tape in any way; 2) Did not alter what Deepak said in any way and 3) That they would give us [today] the tape they worked from so that we could inspect it to verify what they were claiming …

The representative also said the show stands by its position that Deepak said on tape, "You would be surprised how simple it was...." The implication of that quote is that Deepak had sex with Natalee.

We are also curious what the FBI has to say about the content of this interview. I was told by Jamie Skeeters on the phone the other night that he originally "taped" this interview directly to his computer hard drive and that he gave the hard drive to the FBI. Of course this hard drive — the "original" — is what will tell us exactly what was said or not said  — provided it can be adequately enhanced and analyzed. We don't have access to that hard drive so even after evaluating all the tapes and CD's given us, there could still remain in my mind some question.

http://www.foxnews.com/story/0,2933,177286,00.html


'Rita Cosby Live & Direct' for Nov. 30th
updated 9:10 a.m. PT, Thurs., Dec. 1, 2005

BETH HOLLOWAY TWITTY, NATALEE HOLLOWAY‘S MOTHER: You know, Rita, when they use the word “manipulated,” they really need to use the word “edited.” And the tape that they‘re saying was manipulated was the one that was shown on Dr. Phil, it was edited. It was edited for television. You can‘t get a 20-second or a 6-second sound bite out of two-and-a-half hours. And you know, yes, Deepak did respond to Jamie‘s question that they all had sex with her. And he even (INAUDIBLE) You‘d be surprised how simple it was that night.

RITA COSBY, HOST:  So there was nothing taken out of context, as they‘re even suggesting?

HOLLOWAY TWITTY: No, not that I could see, Rita. But you know, I know that Jamie Skeeters will have to give the information on the tapes, but I do stand by him and his validity on the tapes, Rita.

http://www.msnbc.msn.com/id/10281941/


'The Abrams Report' for Oct. 7th
updated 6:07 p.m. PT, Sun., Oct. 9, 2005

DAN ABRAMS, HOST: Jamie Skeeters, let‘s be clear, he knew he was being taped or not?

JAMIE SKEETERS, POLYGRAPH EXPERT: Yes, I have that on tape. I have it witnessed by another former FBI and Deepak himself and another citizen of Aruba.

ABRAMS: OK. You‘re saying that yes, you believe he did know he was being taped?

SKEETERS: I have that on tape ...

http://msnbc.msn.com/id/9646352/


'Rita Cosby Live & Direct' for Nov. 30th
updated 9:10 a.m. PT, Thurs., Dec. 1, 2005

DAVE HOLLOWAY, NATALEE HOLLOWAY‘S FATHER: I listened to all of it this afternoon.

RITA COSBY, HOST:  Was anything doctored, anything manipulated? What I mean is, anything taken out of context?

HOLLOWAY: No, I don‘t believe so. I think what Dr. Phil‘s show did
was edited the tape. From what I can understand, you know, this tape has - the air-conditioner came on about the time Deepak walked in the room, so you‘ve got a lot of snow in there. But essentially, from what I understand, he said—there was kind of a stutter after Jamie asked the question, and that stuttering part I believe was taken out of the tape. And then he said, No, we did. You‘d be surprised how easy it was that night.

COSBY: Do you believe, based on everything you‘ve heard...

HOLLOWAY: I think what the Aruban...

COSBY: Do you believe he‘s saying that they did have sex with her? Is that what you believe?

HOLLOWAY: Oh, yes. Absolutely. You can‘t have a negative and then turn around and then support it with a positive. I mean, they‘ve got to put the whole sentence together for it to make sense. If they said, No, we didn‘t, and then turn around and said, You wouldn‘t believe how simple it was, that just—that just doesn‘t make sense.

http://www.msnbc.msn.com/id/10281941/


'The Abrams Report' for Dec. 1st
updated 6:00 a.m. PT, Fri., Dec. 2, 2005

DAN ABRAMS, HOST: All right. Let me do this. I‘m going to play now in order all three. I‘m going to play Jamie Skeeters‘ version—again, that‘s the actual one we got. We went to Jamie Skeeters‘ office and recorded exactly what he had on his hard drive. Then I want to play the version that Arlene has sent to us.

Again, I‘m going to do this without words on the screen this time so you all can listen and decide for yourselves and then we‘re going to play the “Dr. Phil” version. All right, so let‘s start with the—this is the Jamie Skeeters‘ version. This is what actually came from the hard drive. Here it is.

(BEGIN AUDIOTAPE)

JAMIE SKEETERS, POLYGRAPH EXPERT: Nobody told her that you can‘t (EXPLETIVE DELETED). You know? I mean and I‘m sure she had sex with all of you.

KALPOE: Yes, she did. You‘d be surprised how simple it was that night.

(END AUDIOTAPE)

ABRAMS: Boy that sure sounds like she did and you wouldn‘t—it was really easy. All right. Now, this is the version that we got from Arlene in Aruba and I have to tell you, it sounds different.

(BEGIN AUDIOTAPE)

SKEETERS: Nobody told her that you can‘t (EXPLETIVE DELETED). You know? I mean and I‘m sure she had sex with all of you.

KALPOE: No, she didn‘t. You would be surprised how simple it was that night.

(END AUDIOTAPE)

http://www.msnbc.msn.com/id/10294603/


'Rita Cosby Live & Direct' for December 1
updated 7:37 a.m. PT, Fri., Dec. 2, 2005

ARLENE ELLIS SCHIPPER, ARUBAN STRATEGIC COMM. TASK FORCE: Well, it's not what I think, it is what the Dutch forensic institute thinks and what we have also requested the FBI to confirm, which confirmation we haven't received yet. However, the NFI had four investigators separately look at these tapes, and they say that the Dr. Phil show tapes were edited for content in the following order. Just before the word “she,” there was a cut. And just after the word “did,” there was a cut. And then they compared it to the CD-ROM that Mr. Skeeters sent the officials, and you have seen that piece, and it says, “No, she didn't.” And he shakes his head while doing—while saying that.

http://www.msnbc.msn.com/id/10295536/

[Tamikosmom]

The following quote is the section that does not seem good to me.  Somehow the Kalpoes can refuse to comply time and time and time again with the court's order to produce evidence and ... still the judge will not grant the motion by McGraw's attorneys to dismiss the defamation lawsuit.  My take is the judge is attempting to get the McGraw's attorneys to back down.

Something tells me the McGraw's representative are going to be  backed into a corners and ... there will be no choice but to settle with the Kalpoes or proceed without requested documents.

 

Aruba wins again!!



Janet

++++++

* DEFENDANT - SECOND MOTION TO DISMISS AND REQUEST FOR TERMINIATING SANCTIONS FOR PLAINTIFF’S WILLFULL FAILURE TO COMPLY WITH COURT ORDERS.

The motion is called for hearing and is denied except for the following issue: SCS Request for Production.  The parties are ordered to meet to confur and attempt to resolve to issue.


JOHN Q. KELLY

Holloway Case: New Kalpoe Documents
Friday, September 14, 2007

KELLY: I believe David Koch (ph), one of the attorneys for the Kalpoes actually signed a declaration at the court indicating that even if the court ordered the documents be turned over, they were not going to turn them over, which was sort of, for lack of a better word, arrogant on his part. The court did not necessarily like that.

But I can't see them both using the courts as a sword and then a shield. They can't bring this action, they can't seek damages and not obey the orders of the court and expect their case to go forward.

http://www.foxnews.com/story/0,2933,296798,00.html

I don't think so Janet.

I think that the Kalpoes had filed a motion to make Dr. Phil and Skeeter's company produce some more
evidence.  That was denied.

Dr. Phil had filed a motion to dismiss the case.  A ruling on that issue will be handed down on 4/10/2009.

I think the judge would like them to decide what information they can do without.

Thanks Magnolia.

My hinky meter is making me shiver.  Please knit me another sweater lickity split.  My other two are in the wash.

 



Janet

edit: Because it's the last time Janet will ever........ 

[Tamikosmom]

Three more kitchen cupboards to go in my clean sweep.  One cupboard an hour will bring me up to dinner time.

If my hubby does not fall from the ladder and break a leg or  something ... dinner at the Olive Garden will be where it is at.  When I consider all that money hubby is saving by washing the outside of the windows himself and ... not hiring somebody ...

 

Later

Janet

edit: Because it's Janet and I wub her.