IN - Grandfather charged in cruise ship death of toddler Chloe Wiegand #2

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Another point - when the window is open, you can still see the handle that opens and closes it and the frame that the handle is on. So even the open windows still have a couple of inches on the side that can't open; it's not all the way open. IF you look.

I will be surprised if they don't go ahead with the lawsuit since they seem determined to do that. But I assume there couldn't be a trial or settlement before the conclusion of the criminal proceedings.
My understanding is that the civil case can be filed before the criminal case is concluded but if SA is found not guilty it certainly would bolster their case.

But either way the court will determine if there is standing to bring the civil suit to trial and the video may well determine the decision.

Out of curiosity I wonder if the family would prefer SA be found not guilty and the civil case either dismissed or settled or if their priority is getting a judgment against RCCL.

I cannot find the links now, but I had read on MSM that there were several eyewitnesses, both guests and ship employees.

Yeah, the question of eyewitnesses is up in the air. Winkleman contends there were no eyewitnesses and therefore whether or not SA knew the window was closed can only be determined by his statements. But the prosecution says they have witnesses from the ship and from shore. So could there be witnesses who only recently came forward?

It seems like the reasonable outcome would be that both the criminal case and the civil suit end up with a plea agreement and settlement. So if the parents are determined to force RCCL to make physical changes to the ship (i.e. bar the windows, put up signs or weld stops in to only allow the windows to open for 4 or 5 inches) then they would either settle with RCCL putting those modifications in place or go to trial.

IMO pushing the civil case to trial is risky as the court may find no basis for the suit. MOO.
 
My understanding is that the civil case can be filed before the criminal case is concluded but if SA is found not guilty it certainly would bolster their case.

But either way the court will determine if there is standing to bring the civil suit to trial and the video may well determine the decision.

Out of curiosity I wonder if the family would prefer SA be found not guilty and the civil case either dismissed or settled or if their priority is getting a judgment against RCCL.



Yeah, the question of eyewitnesses is up in the air. Winkleman contends there were no eyewitnesses and therefore whether or not SA knew the window was closed can only be determined by his statements. But the prosecution says they have witnesses from the ship and from shore. So could there be witnesses who only recently came forward?

It seems like the reasonable outcome would be that both the criminal case and the civil suit end up with a plea agreement and settlement. So if the parents are determined to force RCCL to make physical changes to the ship (i.e. bar the windows, put up signs or weld stops in to only allow the windows to open for 4 or 5 inches) then they would either settle with RCCL putting those modifications in place or go to trial.

IMO pushing the civil case to trial is risky as the court may find no basis for the suit. MOO.
And I do not think any civil case has been filed yet which begs the question - is the civil attorney being paid or what? The PI lawyers I know work on contingency but they file quickly so they can work toward settlement and get paid - so far - no lawsuit yet - wonder why?? Hoping for a pre-suit settlement is what I’m thinking
JMO
 
I agree. And with the lawyer saying she "disappeared," there has been not one word to suggest that the GF was aware that she was slipping out of his grasp. No matter how fast that happened you would feel it and try to grab the child. No word of that at all. If he didn't feel her slipping out and didn't have the wherewithal to try to grab her (If, bcs idk what happened), then that too suggests something was definitely not okay with the GF.

I am not buying that the family doesn't know he has some degree of poor judgment at times. But on the other hand, this thing was completely unforeseeable by the rest of the family. If only his wife or the parents had been there they would have immediately stopped him from lifting her up there. It is SO high up to hold a toddler; how could he not immediately recognize that this was a precarious situation due to the height (near chest level) and the fact that an 18-month-old weighs more than a feather and they move around, and the fact that he is not an agile individual. It would have been risky for anyone to do.

It makes me think that Chloe didn't even ask to be picked up; she could already see. (pure speculation)

Without seeing the videos of different angles there are still too many possibilities of how they were positioned and what exactly happened.
pink bolding mine

Oh, Winkleman.... So, now it's "Disappeared" ??
What, did the ship itself shift even though it was docked and Chloe was thrown from the window w/o G-pa's involvement at all ?

She didn't 'disappear'. The video should show what happened and the exact moment of her fall.
Every angle and camera must have been thoroughly examined even if frame by frame.
Imo-- RCCL must have done this already.
And the lawyer knows this.
He may fabricate and invent but that doesn't mean he's an idiot.
That title was earned by someone else.

Because...she could have gotten a great (and non fatal) view from the bottom row of windows. It's all changed now from "she wanted to be picked up to bang on the glass" which was being said by MW immediately after it happened. If the story keeps changing, something is a lie!
bolding mine

Yes, and one has to wonder what other iterations will emerge from MW or the family ?
Afaik; they're continuing with their lawsuit.

Totally different point next: I wouldn't have come up with this on my own, but from my reading around over the years I have a very negative interpretation of the one statement that SA has made. "They can't do anything worse to me than what has already happened." That statement pisses me off in many ways. He would have been way better off to say nothing.
Snipped for focus

Ita.
It's telling that this is all about HIM.
Surprised his family didn't accompany SA as 'minders', or MW --- to tell him to be quiet !!

Interesting and yeah, the best defense is a good offense. So maybe that's why they hired Winkleman so soon. "Ambulance chasing" is illegal in Florida so it had to be a family member who contacted him. Even a referral from a third party is against Fl. bar regs.

Winkleman must have thought there was a decent case, at least in the hours right after Chloe's fall. And after gathering information IMO he'd have declined to represent the family if it didn't look like a good case. I know he was quoted in msm back in July saying he was waiting to view the video before making a decision as to whether or not to sue so I have to wonder if the video has him nervous now, given some of his recent backpedaling. MOO.
bolding mine
Agreed.
Wonder who made the call ?
Afaik; only SA and Chloe's mother were sedated... so was it dad ?
What do the paternal grandparents have to say ?
Were they witnesses ? (Seems horrible to think about.)
However , if they're ( & rightfully so) angry with SA -- one would assume they want the whole truth to be revealed ?

Video shows girl's final moments with grandfather before cruise ship death

Winkleman said Anello didn't realize there was no glass directly in front of him.
Within five seconds Chloe falls more than 100 feet below.

"She's sitting on the wooden banister, why did he then lean forward with her?" Begnaud asked Winkleman.

-"I think it's pretty obvious why they leaned forward, and that would be so that you could get a better view," Winkleman said.

"What do you say to the fact that he raised her and put her on this banister which the cruise line might argue was not meant for young children to be sitting on?" Begnaud asked.

"If that was the case and they want no one to sit on it, they should say no one should sit on it. … There's no sign that says that. There's no warning, no nothing," Winkleman said.

"The only way that you can prove or disprove anything that Sam said is based on the video and based on his testimony … Those are the only pieces of evidence you have," Winkleman said. "There were no eye witnesses. There's no one who's come forward to tell any different story. … So all you have is Sam's testimony, his story and the video."

After Chloe fell out of the window, Anello drops to his knees, according to Winkleman, and he yelled out loud, "I just dropped my child. I thought there was glass! I thought there was glass!"



above BBM
IMO Winkleman set the -no glass- narrative (before viewing video)
now he’s moved to the -leaning forward to get a better view- narrative(post viewing). followed up with -there was no SIGN,no witnesses,no one telling a different story.
Sadly I think he would blame Ship staff if they were anywhere near the tragedy.SMH!

MOO
bolding mine

Tbh; it's surprising he hasn't attempted that angle.

Good that there are multiple sec. cams on those ships.
As well as witnesses , of whom MW believes don't exist.
What the heck does he do with his down time ?
Sit and invent scenarios that fit in with his client's lawsuit(s) ????

I still hope they'll renew the prior threads, as there was a link to one or more witnesses who claim the story as was told by the family is wrong.
 
I think they lost most public’s sympathy by immediately shifting all the blame to the Cruise line. Followed by that interview to repeat the narrative.
This lawyer is IMO saying prove it was not the Cruise ships fault.
Disgusting.

JMO
 
I think they lost most public’s sympathy by immediately shifting all the blame to the Cruise line. Followed by that interview to repeat the narrative.
This lawyer is IMO saying prove it was not the Cruise ships fault.
Disgusting.

JMO
Agreed.

People are sympathetic by nature and after reading comments elsewhere and also here in the purged threads -- the tide began to shift when the parents insisted on the lawsuit and that it was all the ships' fault.

Most of us with an ounce of common sense would know not to put a toddler by an open window 11 stories from the ground.

There are other areas on the ship which could be dangerous for a little one or even an older child, like the railing looking out to sea from a personal cabin's deck.
In the photo provided in this thread.
The fact that a child or baby falling and dying are thankfully very rare.

Most people tend to closely watch their little ones and shouldn't need a sign telling them to not perform any idiotic acts.
And it was pointed out that such signs do exist telling people not to sit or stand on the railings, inside or outside the ship !!!
 
And I do not think any civil case has been filed yet which begs the question - is the civil attorney being paid or what? The PI lawyers I know work on contingency but they file quickly so they can work toward settlement and get paid - so far - no lawsuit yet - wonder why?? Hoping for a pre-suit settlement is what I’m thinking
JMO
You're correct in that Personal Injury attorneys almost exclusively work on a contingency basis in Florida.* I think I read that in maritime law the plaintiff has to declare their intention to file within a certain period and then actually file within another certain time period. If that's correct Chloe's family is still within that time frame.

And it's not unusual for the attorney to wait until their own investigator files his/her report before consulting with the plaintiff to decide whether or not to move forward. And even then if it looks like the defendant (or their insurance company) will settle then they'll enter mediation. MOO.

*I'm not an attorney but I have numerous family members who are attorneys, including personal injury lawyers in the state of Florida. It doesn't mean I'm correct but I've done my best to represent my knowledge from the family members. Over 40 years. And yeah, I'm old. :D
 
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How could anyone even form a coherent sentence after seeing a baby fall to her death like that? I’m thinking he would instantly be in shock.
I know, I can’t imagine what I might be able to say, rather barely utter, while screaming in anguish. Possibly, Oh my god, No, No, No, my baby, my baby! After that, I’d be done, totally done, beyond repair.
 
I obviously don't know for sure what the laws are in PR.

However, generally an attorney CANNOT legally disseminate the video to whoever he wants to. So it doesn't have to mean that the video implicates his client.

The rules of evidence in general state that the video must be kept in possession of the defense team. So, letting someone VIEW it is one thing (although still iffy which is why I think only Winkleman is doing that) but giving someone a copy is a whole different ball game and not generally allowed.

I think the criminal attorney is much more of a rule follower than Winkelman. He appears to be going much more by the book.


Toddlers move fast. She could easily fall into the water, it doesn’t matter if it’s 1in deep or not. Why wasn’t a responsible person holding her hand for this photo.

I wish she had ONLY fallen in to a few inches or even a foot of water with someone right there photographing. She would have had a chance....
 
Granddad who ‘dropped toddler from cruise ship’ says nothing is worse than grief.
A granddad accused of dropping his 18-month-old granddaughter from the window of a cruise ship to her death, said no punishment could be worse than the grief of losing her.
The tragic incident occurred at 4.30pm on July 7, while the ship was docked in San Juan, Puerto Rico.
Lawyers for the family, from Indiana, US, said little Chloe had asked her maternal granddad to lift her up so she could bang on the glass in a children’s play area.

Granddad who 'dropped toddler from cruise ship' says nothing is worse than grief | Metro News
 
The railing of one foot away BUT higher than the window sill so it’s feasible that Chloe was sitting on the rail and her feet were on the window sill so if she leaned forward she’d slip off the rail and straight down across the sill and again down.
IMO.
Omg, this seems to get more and more horrifying. People who do stupid dangerous things like this should never be allowed around children.
 
I agree. And with the lawyer saying she "disappeared," there has been not one word to suggest that the GF was aware that she was slipping out of his grasp. No matter how fast that happened you would feel it and try to grab the child. No word of that at all. If he didn't feel her slipping out and didn't have the wherewithal to try to grab her (If, bcs idk what happened), then that too suggests something was definitely not okay with the GF.

I am not buying that the family doesn't know he has some degree of poor judgment at times. But on the other hand, this thing was completely unforeseeable by the rest of the family. If only his wife or the parents had been there they would have immediately stopped him from lifting her up there. It is SO high up to hold a toddler; how could he not immediately recognize that this was a precarious situation due to the height (near chest level) and the fact that an 18-month-old weighs more than a feather and they move around, and the fact that he is not an agile individual. It would have been risky for anyone to do.

It makes me think that Chloe didn't even ask to be picked up; she could already see. (pure speculation)

Without seeing the videos of different angles there are still too many possibilities of how they were positioned and what exactly happened.

I doubt she asked to be picked up, she would have already been distracted by the scenery that she viewed out the lower windows.
But even if she had asked, no responsible adult would have picked her up and put her in that position in a window.
What he did was unbelievably insane, SMH.
 
And I do not think any civil case has been filed yet which begs the question - is the civil attorney being paid or what? The PI lawyers I know work on contingency but they file quickly so they can work toward settlement and get paid - so far - no lawsuit yet - wonder why?? Hoping for a pre-suit settlement is what I’m thinking
JMO

I appreciate your work.

I wonder what their travel insurance covers.
Maybe they have to prove it an accident and not negligent.
Speaking to a lady where her husband fell off a railing in Bali and because he had alcohol in his system the travel insurance didn’t cover him. $80,000 medical bills.
 
I doubt she asked to be picked up, she would have already been distracted by the scenery that she viewed out the lower windows.
But even if she had asked, no responsible adult would have picked her up and put her in that position in a window.
What he did was unbelievably insane, SMH.

It is getting more ridiculous neesaki.

Are they blaming Chloe here?
Every angle the lawyers are taking the guilt away from GF

Lawyers for the family, from Indiana, US, said little Chloe had asked her maternal granddad to lift her up so she could bang on the glass in a children’s play area.

Granddad who 'dropped toddler from cruise ship' says nothing is worse than grief | Metro News
 
I obviously don't know for sure what the laws are in PR.

However, generally an attorney CANNOT legally disseminate the video to whoever he wants to. So it doesn't have to mean that the video implicates his client.

The rules of evidence in general state that the video must be kept in possession of the defense team. So, letting someone VIEW it is one thing (although still iffy which is why I think only Winkleman is doing that) but giving someone a copy is a whole different ball game and not generally allowed.

I think the criminal attorney is much more of a rule follower than Winkelman. He appears to be going much more by the book.




I wish she had ONLY fallen in to a few inches or even a foot of water with someone right there photographing. She would have had a chance....

In interview,mother said when she ran over & looked down she thought she would see water - not concrete. She was probably hoping for a miracle like that...

MOO
 
It is getting more ridiculous neesaki.

Are they blaming Chloe here?
Every angle the lawyers are taking the guilt away from GF

Lawyers for the family, from Indiana, US, said little Chloe had asked her maternal granddad to lift her up so she could bang on the glass in a children’s play area.

Granddad who 'dropped toddler from cruise ship' says nothing is worse than grief | Metro News

You’re right, now they’re stooping so low as to blame baby Chloe for causing her own death. These people sicken me to no end.

Another thing, viewing SA’s pics in these news reports... probably shouldn’t say this, but something about him seriously gives me the creeps, smarmy ? Maybe it’s just me, due to my own bad experiences with men during my childhood. Anyway....
 
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Civil Case & Criminal Case. Timing, Which First?
My understanding is that the civil case can be filed before the criminal case is concluded but if SA is found not guilty it certainly would bolster their case.... MOO.
@MsMarple :) bbm sbm
Re paragraph 1: The civil case (IDK whether Maritime Law or PR law), and the criminal case (PR crim law) filings & procedures are independent of one another. Civil suit can be filed irrespective of whether crim proceeding has concluded.<---That is legally speaking; atty tactics may dictate diff answer.

Quoting your post: "if SA is found not guilty it certainly would bolster their case."
Possibly or likely but not necessarily.
PR prosecutor in crim case has to meet a higher burden of proof - beyond a reasonable doubt - to convict G'father SA o Neg Hom crim charge than
Winkleman will have to meet in (potential) civil suit - 'by a preponderance of the evidence - for wrongful death to show cruiseline's negligence caused Chloe's death.
Just because G'father was not criminally negligent does not mean cruiseline was civilly negligent.
But agreeing w you that a 'not guilty' vedict in crim case is better for parents' wrongful death action against cruiseline, than a guilty verdict.

And there is the possibility of joint and several liability among tortfeasors* in civil suit, i.e., meaning that court could hold that both cruiseline and G'father SA both contributed to her death, so are liable. Doubtful that's an outcome parents would want. Of course, cruieline, not G'father, has the deep pockets to pay award.
jmo, could be wrong. Big complicated mess.<--- that's my opn too

--------------------------------------------------------------------
* ".... U.S. maritime law recognizes the concept of joint and several liability among tortfeasors ... Under joint and several liability, where two or more people create a single injury or loss, all are equally liable, even if they contributed only a small amount. A state court hearing an admiralty case would be required to apply the doctrine of joint and several liability even if state law does not contemplate the concept."**

** United States admiralty law - Wikipedia

"A state court hearing an admiralty or maritime case is required to apply the admiralty and maritime law, even if it conflicts with the law of the state, under a doctrine known as the "reverse-Erie doctrine."

* Admiralty law - Wikipedia
 
Winkleman. How does Law Firm Gather Info So. Quickly?
Like this
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bbm
 
You’re right, now they’re stooping so low as to blame baby Chloe for causing her own death. These people sicken me to no end.

Another thing, viewing SA’s pics in these news reports... probably shouldn’t say this, but something about him seriously gives me the creeps, smarmy ? Maybe it’s just me, due to my own bad experiences with men during my childhood. Anyway....

Yes!
 
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