Natalee Case Discussion #849 10/7/10 - 10/24/10

[crazybabyborg]

Keep 'em jigglin', Sporterrrrrr!!!!

Carpe........ you're killing me!!   

Yeah, Anita gettin' jiggy with it could cause a tsunami!   

[Kermit]

I had thought that maybe the highlight portions of the defamation lawsuit would have been dropped.  The implication would be that no questioning of the Kalpoes would be required and ... not case documents would be required.

Janet

+++++

Judge allows lawsuit to proceed against Dr. Phil
The Associated Press

Date: Wednesday Feb. 6, 2008 10:12 AM ET

The Kalpoes, who have maintained they had nothing to do with Holloway's disappearance, sued in December 2006, claiming the "Dr. Phil" talk show altered portions of a taped conversation between Deepak Kalpoe and a private investigator to "create false, incriminating, and defamatory statements that the plaintiffs engaged in criminal activity against Natalee Holloway."

The brothers also contend the TV show implied they helped kill Holloway and disposed of her body. Their suit claims defamation, invasion of privacy, emotional distress, fraud, deceit and civil conspiracy.

http://www.ctv.ca/CTVNews/TopStories/20080206/dr_phil_080206/

Judge Smid said that the Kalpoes were involved in body disposal

[crazybabyborg]

Good Morning, Monkeys,

I'm reading every post and keeping up but just not much to say.  Still disapprove of Tim Miller and TJ Ward's interview techniques.

Also, WTH is with Joran and his cushy life in Castro Castro?  And you thought those pink curtains were a figment of my imagination.  They would go nicely with the new yellow paint. 

Isn't that slightly effete?  Or even effeminate?  Or something?  I would think a tan would be much more serviceable and something a male would select but then there is nothing normal about Joran.

But this is not doing anything to maintain the image of a tough prison nor to support Anita's claim of the dire circumstances foreigners face in Peruvian prisons. 

yeth, it ith.         

[Magnolia]

I had thought that maybe the highlight portions of the defamation lawsuit would have been dropped.  The implication would be that no questioning of the Kalpoes would be required and ... not case documents would be required.

Janet

+++++

Judge allows lawsuit to proceed against Dr. Phil
The Associated Press

Date: Wednesday Feb. 6, 2008 10:12 AM ET

The Kalpoes, who have maintained they had nothing to do with Holloway's disappearance, sued in December 2006, claiming the "Dr. Phil" talk show altered portions of a taped conversation between Deepak Kalpoe and a private investigator to "create false, incriminating, and defamatory statements that the plaintiffs engaged in criminal activity against Natalee Holloway."

The brothers also contend the TV show implied they helped kill Holloway and disposed of her body. Their suit claims defamation, invasion of privacy, emotional distress, fraud, deceit and civil conspiracy.

http://www.ctv.ca/CTVNews/TopStories/20080206/dr_phil_080206/

Judge Smid said that the Kalpoes were involved in body disposal

Didn't Mos say that he had enough evidence to convict the Kalpoes of body disposal,
but since it only carried a six month sentence, it wasn't worth prosecuting?

[Lifesong]

I could be wrong but somehow it makes sense if the sole issue in the defamation lawsuit boiled down to the disputed segment of the Dr. Phil recording ... a professional comparison with Jamie Skeeters' hard drive would suffice.

In other words ... no testimony from the Deepak is necessary.  The evidence would speak for itself.

IMO

Janet

+++++

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES

Page 14:  To the extent that the Dr. Phil Show Defendants can be shown to have been negligent or reckless in the way they edited the show and thus potentially liable, there is no competent showing the Defendant Skeeter was so involved.

http://scaredmonkeys.com/wp-content/uploads/2009/05/kalpoedrphil050609awm.pdf

Honestly, dear, that's just not how the court system works.  I've read it explained here over and over again so it does seem as though at this point you just don't want to believe it.

Janet, even if the tape WERE found to be altered (which I don't believe it was), the Kaploe's still lose the case if they can't PROVE damages.  I think by this time it's quite easy to comprehend if you actually want to.

JMO and only MO

[klaasend]

I believe that Dr. Phil's people edited the tape for time, but not for content.

Steve Cohen, Aruban spokesperson, said that all three had sex with (raped) Natalee.

Larry Garrison has testified that Deepak told him that all three has sex with (raped) Natalee.

I inserted raped because I know that there is no way that a conscious Natalee would have had sex
with a Kalpoe.

AMDigital reported that all 3 admitted to have sex with her.

[Tamikosmom]

I had thought that maybe the highlight portions of the defamation lawsuit would have been dropped.  The implication would be that no questioning of the Kalpoes would be required and ... not case documents would be required.

Janet

+++++

Judge allows lawsuit to proceed against Dr. Phil
The Associated Press

Date: Wednesday Feb. 6, 2008 10:12 AM ET

The Kalpoes, who have maintained they had nothing to do with Holloway's disappearance, sued in December 2006, claiming the "Dr. Phil" talk show altered portions of a taped conversation between Deepak Kalpoe and a private investigator to "create false, incriminating, and defamatory statements that the plaintiffs engaged in criminal activity against Natalee Holloway."

The brothers also contend the TV show implied they helped kill Holloway and disposed of her body. Their suit claims defamation, invasion of privacy, emotional distress, fraud, deceit and civil conspiracy.

http://www.ctv.ca/CTVNews/TopStories/20080206/dr_phil_080206/

Judge Smid said that the Kalpoes were involved in body disposal

Ribbit!

However ... no charges ... only suspicions.

It is a given that there are files of case documentation which implies the Kalpoes were suspected of involvement in the happenings leading up to and encompassing the disappearance of Natalee Holloway but ... I fail to comprehend what that has to do with whether or not the disputed segment of the Dr. Phil take was deceptively manipulated ... deceptively manipulated to imply that Deepak implicated himself, Deepak and Satish in the Skeeters' interview.

Janet

++++++

Janet,
You and your daughter-in-law have done excellent work. I'm not sure if this is anything worth an addendum or not, however in my mind it says even a Judge is aware of some evidence that is convincing enough that the Kalpoe brothers were involved in a crime. The fact that they have not been charged points more towards the cover-up in place as your document covers.


The judge reasoned Friday that “the new evidence, together with the existing evidence in this case, produce serious grounds for the suspicion of some kind of aiding and abetting, of covering up the traces of a crime committed or of the disposing of a corpse,” prosecutors said.
http://www.cnn.com/2007/WORLD/americas/11/30/aruba.holloway/index.html
AND
http://scaredmonkeys.com/2007/11/30/natalee-hoolloway-investigation-aruban-judge-orders-kalpoe-brothers-to-be-released/


"There's no doubt in my mind that she's dead," said Hans Mos. "I think we have enough evidence to prove the girl is not alive anymore, even without a body."
http://www.cnn.com/2007/WORLD/americas/11/26/holloway.arrest/index.html

[Tamikosmom]

Honestly, dear, that's just not how the court system works.  I've read it explained here over and over again so it does seem as though at this point you just don't want to believe it.

Janet, even if the tape WERE found to be altered (which I don't believe it was), the Kaploe's still lose the case if they can't PROVE damages.  I think by this time it's quite easy to comprehend if you actually want to.

JMO and only MO

I could be wrong but ... if it is proved that Dr. Phil deceptively manipulated the recording ... a recording heard by his entire viewing audience ... it does not make sense there would no legal ramification whether Deepak and Satish can and cannot prove damages.

Janet

[2NJSons_Mom]

 

Natalee's Candles

http://scaredmonkeys.net/index.php?topic=5700.0

[texasmom]

Keep 'em jigglin', Sporterrrrrr!!!!

 

[texasmom]

Natalee's Candles

http://scaredmonkeys.net/index.php?topic=5700.0

Thanks 2NJ!   

[Bearlyhere]

Honestly, dear, that's just not how the court system works.  I've read it explained here over and over again so it does seem as though at this point you just don't want to believe it.

Janet, even if the tape WERE found to be altered (which I don't believe it was), the Kaploe's still lose the case if they can't PROVE damages.  I think by this time it's quite easy to comprehend if you actually want to.

JMO and only MO

I could be wrong but ... if it is proved that Dr. Phil deceptively manipulated the recording ... a recording heard by his entire viewing audience ... it does not make sense there would no legal ramification whether Deepak and Satish can and cannot prove damages.

Janet

The amount they are suing Dr. Phil for is the amount of damage they believe he did to their reputations.  Where do you think that figure came from?

[klaasend]

Honestly, dear, that's just not how the court system works.  I've read it explained here over and over again so it does seem as though at this point you just don't want to believe it.

Janet, even if the tape WERE found to be altered (which I don't believe it was), the Kaploe's still lose the case if they can't PROVE damages.  I think by this time it's quite easy to comprehend if you actually want to.

JMO and only MO

I could be wrong but ... if it is proved that Dr. Phil deceptively manipulated the recording ... a recording heard by his entire viewing audience ... it does not make sense there would no legal ramification whether Deepak and Satish can and cannot prove damages.

Janet

The amount they are suing Dr. Phil for is the amount of damage they believe he did to their reputations.  Where do you think that figure came from?

The Kalpoes (at least Deepak) admitted to having sexual relations with Natalee to his friend John Charles Croes:

http://scaredmonkeys.net/index.php?topic=192.0

You cannot defame someone by saying that they reported that all 3 had sex with Natalee when the subject (Deepak & Satish) themselves said that in the beginning of the case.

In other words, you can't ruin the reputation of a dushbag 

[Magnolia]

Honestly, dear, that's just not how the court system works.  I've read it explained here over and over again so it does seem as though at this point you just don't want to believe it.

Janet, even if the tape WERE found to be altered (which I don't believe it was), the Kaploe's still lose the case if they can't PROVE damages.  I think by this time it's quite easy to comprehend if you actually want to.

JMO and only MO

I could be wrong but ... if it is proved that Dr. Phil deceptively manipulated the recording ... a recording heard by his entire viewing audience ... it does not make sense there would no legal ramification whether Deepak and Satish can and cannot prove damages.

Janet

Your big word is "IF".   Do you honestly think that Dr. Phil's lawyers would persue the case to this
extent if the tape had been "deceptively manipulated"?   I don't!!

[Tamikosmom]

The amount they are suing Dr. Phil for is the amount of damage they believe he did to their reputations.  Where do you think that figure came from?

No idea.  Nevertheless ... if case documents requested by Dr. Phil's attorneys are not forthcoming ... the defamation lawsuit will have to be focus in area/s that do not require backup.  It doesn't appear the lawsuit is about to be dropped by the Kalpoe attorneys or thrown out by the Judge.

Thankfully ... it does appear that between now and February, 2011 ... the outcome ... that at this point can only be speculated on ... will have been revealed.

Bearlyhere ... I suspect that the Kalpoe attorneys may be working behind the scenes with McGraw attorneys and/or the judge.  The five day deadline afforded by the judge in 2008 to produce requested documents has come and gone a long time ago.  Also ... I find it very suspicious that the McGraw attorneys are no longer demanding the the lawsuit be dismissed.  IMO

When all is said in done ... what will be; wil be.

Janet

+++++++


A Signed Declaration

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

JOHN KELLY, FAMILY'S ATTORNEY: 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. ....

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


Five Days to Satisfy the Deadline

Judge allows lawsuit to proceed against Dr. Phil
The Associated Press
Date: Wednesday Feb. 6, 2008 10:12 AM ET

LOS ANGELES — A California judge refused to dismiss a defamation suit Tuesday against CBS and television psychologist "Dr. Phil" McGraw brought by two brothers who were questioned in the disappearance of Natalee Holloway.

William Cremer, lawyer for Surinamese brothers Deepak and Satish Kalpoe, praised the decision by Superior Court Judge Edward Ferns. "I'm going to take Dr. Phil down," he said outside the courtroom.

In their dismissal motion, lawyers for CBS Television and McGraw maintained lawyers for the Kalpoes did not meet deadlines to produce all documents they have demanded concerning the criminal case investigation against the brothers in Aruba.

But the judge gave the Kalpoes' lawyers another five days to satisfy the document deadline.

http://www.ctv.ca/CTVNews/TopStories/20080206/dr_phil_080206/

[2NJSons_Mom]

Honestly, dear, that's just not how the court system works.  I've read it explained here over and over again so it does seem as though at this point you just don't want to believe it.

Janet, even if the tape WERE found to be altered (which I don't believe it was), the Kaploe's still lose the case if they can't PROVE damages.  I think by this time it's quite easy to comprehend if you actually want to.

JMO and only MO

I could be wrong but ... if it is proved that Dr. Phil deceptively manipulated the recording ... a recording heard by his entire viewing audience ... it does not make sense there would no legal ramification whether Deepak and Satish can and cannot prove damages.

Janet

Your big word is "IF".   Do you honestly think that Dr. Phil's lawyers would persue the case to this
extent if the tape had been "deceptively manipulated"?   I don't!!

I agree, Magnolia.  Dr. Phil & his lawyers would have settled long ago IF this was a 'no contest' situation. 

K2 were deceptive (along with Joran) from the 'getgo' and the world knows it.  They defamed themselves, no doubt about it.

[Tamikosmom]

Honestly, dear, that's just not how the court system works.  I've read it explained here over and over again so it does seem as though at this point you just don't want to believe it.

Janet, even if the tape WERE found to be altered (which I don't believe it was), the Kaploe's still lose the case if they can't PROVE damages.  I think by this time it's quite easy to comprehend if you actually want to.

JMO and only MO

I could be wrong but ... if it is proved that Dr. Phil deceptively manipulated the recording ... a recording heard by his entire viewing audience ... it does not make sense there would no legal ramification whether Deepak and Satish can and cannot prove damages.

Janet

Your big word is "IF".   Do you honestly think that Dr. Phil's lawyers would persue the case to this
extent if the tape had been "deceptively manipulated"?   I don't!!

Magnolia

IF the Dr. Phil tape was manipulated ... is it possible that the McGraw attorneys were anticipating official case documentation to prove that the Kalpoes WERE NOT defamed by the manipulated tape.  After all ... when you consider the suspicions encompassing the detentions.

Another issue that could be problematic!  Deepak and Satish are no longer suspects in the Natalee Holloway case.

As the outcome of the defamation lawsuite has yet to be revealed ... I am only questioning/speculating at the possible outcome.

Janet

+++++++


Suspicion - Second Detention: The Rape of Natalee Holloway

Brothers arrested again in Aruba case
Two held on suspicion of acting with others in teen's rape, killing
Saturday, August 27, 2005 Posted: 0319 GMT (1119 HKT)

(CNN) -- After being detained and then released last month in Natalee Holloway's disappearance, two brothers were arrested again Friday in Aruba on suspicion they acted "together with other people" in raping and killing the Alabama teen, the prosecutor's office said.

Without elaborating on the evidence, the office said in a statement that "new facts and circumstances" led them to re-arrest Satish Kalpoe, 18 and brother Deepak, 21.

"They are suspected of the primary criminal act of together with other people committing premeditated murder, alternately together with other people murdering somebody, more alternately rob a person of her liberty with fatal consequences and even more alternately raping somebody," the statement said.

"Aside from these suspicions against the two brothers, there are new suspicions, which at this point the prosecutor is not commenting on."

http://edition.cnn.com/2005/LAW/08/26/aruba.arrests/index.html


No Longer Suspects

Two brothers allege defamation in a 'Dr. Phil' episode
(CNS) Posted Wednesday October 6, 2010 - 12:35pm

Aruban authorities in 2008 cleared the Kalpoes of any involvement in her disappearance.

http://bhcourier.com/article/Local_News/Local_News/Two_brothers_allege_defamation_in_a_Dr_Phil_episode/71840

[Magnolia]

The judge has already ruled that the Kalpoes were "public figures" due to their involvement in Natalee's
disappearance.  All of the defamatory things had already been published in newspapers and spoken on
TV before Dr. Phil ever got involved.

I do not believe for one minute that the Kalpoes will win the lawsuit in the California court.

If you choose to believe in them....go for it.

[Tamikosmom]

The judge has already ruled that the Kalpoes were "public figures" due to their involvement in Natalee's
disappearance.  All of the defamatory things had already been published in newspapers and spoken on
TV before Dr. Phil ever got involved.

I do not believe for one minute that the Kalpoes will win the lawsuit in the California court.

If you choose to believe in them....go for it.

I don't have a clue in regards to the outcome of the defamation lawsuit.  I just recognize that it is not cut and dry.

The McGraw attorneys motioned for dismissal in February, 2008 when the Kalpoe attorneys did not comply with the court's request for case documents.  The judge denied the motion and afforded the Kalpoe attorneys a five day extention.  Think about it.  Almost three years past the deadline ... no case documents yet ... the judge has not chosen to dismiss the lawsuit.

Have a good afternoon All.  I am off for a while.

Janet
1:25 PM PT

 

[Lifesong]

The judge has already ruled that the Kalpoes were "public figures" due to their involvement in Natalee's
disappearance.  All of the defamatory things had already been published in newspapers and spoken on
TV before Dr. Phil ever got involved.

I do not believe for one minute that the Kalpoes will win the lawsuit in the California court.

If you choose to believe in them....go for it.

I don't have a clue in regards to the outcome of the defamation lawsuit.  I just recognize that it is not cut and dry.

The McGraw attorneys motioned for dismissal in February, 2008 when the Kalpoe attorneys did not comply with the court's request for case documents.  The judge denied the motion and afforded the Kalpoe attorneys a five day extention.  Think about it.  Almost three years past the deadline ... no case documents yet ... the judge has not chosen to dismiss the lawsuit.

Have a good afternoon All.  I am off for a while.

Janet
1:25 PM PT

 

Requests for summary judgements (or motions to dismiss) are typically filed as a matter of course in all litigation and are typically not granted.  I wouldn't read too much into that.  The judge was giving the Kalpoe's the chance to make their case, that's all.