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Wednesday, March 01, 2006

Civil Suit has no impact on Aruba Case

The filing of a civil suit by the Holloway-Twitty family against Joran and Paulus van der Sloot does not alter the case of the prosecution in Aruba. In fact, the suit has no new information to add to the investigation.
The suit’s allegations are a mix of known events, facts, and anecdotes that are unsubstantiated. And there is no reference to witnesses or corroboration for most of the charges. Still, the standards of proof in a civil case are less than in a criminal proceeding.
The suit seeks to establish New York as the city of jurisdiction and compel Paulus and Joran to testify in the case, if a New York judge agrees to the jurisdictional claim. New York attorneys like Mickey Sherman, an experienced litigator in those courts, believes it is unlikely jurisdiction will be granted, or that if granted the case will be accepted.
In any case, a civil case cannot compel the van der Sloots to return to New York to appear. Nor is it clear that if the case is accepted, and a judgment imposed, that under Dutch law it will hold force in Aruba.
While John Q. Kelly is best known for his civil case in the OJ Simpson case, where he successfully represented the victim’s family, this is hardly analogous.
O.J. was charged with murder, tried, and acquitted. In this case, charges have yet to be brought, the investigation is continuing, and no judgment to guilt or innocence has been made.
So, while this suit made for great drama and moved the case back into the public’s eye, it has not offered any new evidence or insight into the conduct of the investigation in Aruba.

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