IN - Grandfather charged in cruise ship death of toddler Chloe Wiegand #7

[mheido67]

Correct me if I'm wrong, but in the criminal trial, they can't compel SA to cooperate and submit to measurements and re-enactment if he doesn't want to (like pleading the 5th)? In the civil trial, SA isn't a participant, it's KW & AW vs RCCL. But another member mentioned that under some rule (Rule 11?), RCCL could compel SA to join the lawsuit somehow. Not sure if the 5th amendment applies to the lawsuit, so it it possible to compel SA to submit to measurements and re-enactments in the civil trial?

Wouldn't you think that in Winleman's re-enactment, he would have had access to SA, and SA would be cooperative, and so they would want to use the actual SA, in order to give their re-enactment some legitimacy?

I would think SA's criminal defense attorney would advise him not to have anything to do with any recreation involving the civil suit against RCCL. Not a lawyer but I can't see why a defense attorney would advise otherwise.

 

[justbreathe]

Brother as a Possible Witness?
In previous thread, @Wehwalt posted:
"...I doubt if the brother would be called by RCC just for the purpose of discussing whether Chloe banged on the glass at his hockey games. There's probably a little relevancy to the issue but not too much, and you'd be taking both a risk both with the jury and the public..."

@Wehwalt sbm
Any thoughts about whether Cbloe's brother would be deposed or called to testify in either civil or crim case? If so, by which party? Hoping to learn or establish what?

He would be at least deposed for both cases. If they go to trial I think would be called, unless both sides agree his info isn’t necessary to have. Which they might. RCL seems to have enough without his testimony.

But he was the first family member on the scene and the first to tell his mom something happened.

So I think his memory of exactly what was said in those first few moments could be very relevant.

 

[justbreathe]

I think anyone trained in dealing with traumatic situations, particularly involving the death of a child, would know to keep people separate from the person directly involved in the incident. You never know how people are going to respond. They had no idea what the Wiegand family dynamic was. The last thing they needed was an altercation where someone else gets hurt.

Yes, as most of us agree, it would bevery difficult to not verbally, if not physically, assault the person who was responsible for your child when she got dropped out a window.

They would have no idea KW would do the exact opposite.

 

[justbreathe]

Correct me if I'm wrong, but in the criminal trial, they can't compel SA to cooperate and submit to measurements and re-enactment if he doesn't want to (like pleading the 5th)? In the civil trial, SA isn't a participant, it's KW & AW vs RCCL. But another member mentioned that under some rule (Rule 11?), RCCL could compel SA to join the lawsuit somehow. Not sure if the 5th amendment applies to the lawsuit, so it it possible to compel SA to submit to measurements and re-enactments in the civil trial?

Wouldn't you think that in Winleman's re-enactment, he would have had access to SA, and SA would be cooperative, and so they would want to use the actual SA, in order to give their re-enactment some legitimacy?

As long as SA’s criminal case is pending, he can take the 5th. He can’t be forced to participate in a reenactment.

But once that criminal case is over I think SA could be compelled by a judge to testify or do a reenactment if it wouldn’t expose SA to additional criminal liability.

 

[justbreathe]

I would think SA's criminal defense attorney would advise him not to have anything to do with any recreation involving the civil suit against RCCL. Not a lawyer but I can't see why a defense attorney would advise otherwise.

You’d think his attorney would have told him to not do that interview. I wonder how that all came about.

Never trust that David Begnaud for sure!

 

[justice4allnow]

From a Puerto Rico News Site Today: Primera Hora, via Google Translate:

Salvatore Anello's defense, accused of a charge of negligent manslaughter for the death of his granddaughter after falling from a window of a cruise ship anchored at the Pan American Pier II, on Isla Grande, has already hired an expert to rebuild the scene and hazard assessment.

This was reported by Mr. José Guillermo Pérez Ortiz, during a conference on the state of the proceedings that took place today in the courtroom of Judge Gisela Alfonso Fernández, of the San Juan Court.


The lawyer told First Time that his representative is inclined to opt for a jury trial.

"Right now we are leaning towards a jury trial," he responded as he left the court.

The lawyer notified the court that he is still in the process of selecting a medical expert to analyze the clinical picture of his client, among five potential candidates.

The judge said on February 24 the next conference on the status of the procedures date on which the scene reconstruction expert is supposed to have filed a detailed report with her findings. You will also have to notify if a medical expert was hired.

While the public prosecutor represented by prosecutors Laura Hernández and Ivette Nieves said that at this date there is no negotiation to reach an agreement with the defense of the accused.

“We have already been notified of the name of that scene recreation expert, we have not yet been notified of a report, what the court ordered from the defense is that this report must be prepared and notified to the public prosecutor to confirm rules within the next three weeks to no more than that so that we can effectively report on February 24 in what position we are if we need to hire an expert or if the evidence we have is enough to be able to refute or be prepared for any testimony that witness can provide, ”said Hernández.

The prosecution revealed that it has already completed the discovery of evidence after the delivery of copies of the interviews and the annotations of the investigating agent.

The events date back to July 7, 2019, when the child was in his care and fell through a window on the 11th floor of the Freedom of the Seas cruise, of the Royal Caribbean company, while it was anchored. Chloe Wiegand, 1 year and 7 months old, did not survive the fall from about 115 feet.

 

[MsBetsy]

From a Puerto Rico News Site Today: Primera Hora, via Google Translate:

Salvatore Anello's defense, accused of a charge of negligent manslaughter for the death of his granddaughter after falling from a window of a cruise ship anchored at the Pan American Pier II, on Isla Grande, has already hired an expert to rebuild the scene and hazard assessment.

This was reported by Mr. José Guillermo Pérez Ortiz, during a conference on the state of the proceedings that took place today in the courtroom of Judge Gisela Alfonso Fernández, of the San Juan Court.


The lawyer told First Time that his representative is inclined to opt for a jury trial.

"Right now we are leaning towards a jury trial," he responded as he left the court.

The lawyer notified the court that he is still in the process of selecting a medical expert to analyze the clinical picture of his client, among five potential candidates.

The judge said on February 24 the next conference on the status of the procedures date on which the scene reconstruction expert is supposed to have filed a detailed report with her findings. You will also have to notify if a medical expert was hired.

While the public prosecutor represented by prosecutors Laura Hernández and Ivette Nieves said that at this date there is no negotiation to reach an agreement with the defense of the accused.

“We have already been notified of the name of that scene recreation expert, we have not yet been notified of a report, what the court ordered from the defense is that this report must be prepared and notified to the public prosecutor to confirm rules within the next three weeks to no more than that so that we can effectively report on February 24 in what position we are if we need to hire an expert or if the evidence we have is enough to be able to refute or be prepared for any testimony that witness can provide, ”said Hernández.

The prosecution revealed that it has already completed the discovery of evidence after the delivery of copies of the interviews and the annotations of the investigating agent.

The events date back to July 7, 2019, when the child was in his care and fell through a window on the 11th floor of the Freedom of the Seas cruise, of the Royal Caribbean company, while it was anchored. Chloe Wiegand, 1 year and 7 months old, did not survive the fall from about 115 feet.

Well, it sounds like this is definitely going to trial after all.
It will be up to the jury to decide.
Apparently the jury will not be going to the ship and instead there will be a reconstructuon of the scene.
Between the surveillance evidence, the witnesses, and the scene reconstruction I think the jury will have enough to make the right decision.
Anello and his lawyer must be pretty confident they will win this case since he did not accept the plea deal.

Imo

 

[justice4allnow]

From a Puerto Rico News Site Today: Primera Hora, via Google Translate:

Salvatore Anello's defense, accused of a charge of negligent manslaughter for the death of his granddaughter after falling from a window of a cruise ship anchored at the Pan American Pier II, on Isla Grande, has already hired an expert to rebuild the scene and hazard assessment.

This was reported by Mr. José Guillermo Pérez Ortiz, during a conference on the state of the proceedings that took place today in the courtroom of Judge Gisela Alfonso Fernández, of the San Juan Court.


The lawyer told First Time that his representative is inclined to opt for a jury trial.

"Right now we are leaning towards a jury trial," he responded as he left the court.

The lawyer notified the court that he is still in the process of selecting a medical expert to analyze the clinical picture of his client, among five potential candidates.

The judge said on February 24 the next conference on the status of the procedures date on which the scene reconstruction expert is supposed to have filed a detailed report with her findings. You will also have to notify if a medical expert was hired.

While the public prosecutor represented by prosecutors Laura Hernández and Ivette Nieves said that at this date there is no negotiation to reach an agreement with the defense of the accused.

“We have already been notified of the name of that scene recreation expert, we have not yet been notified of a report, what the court ordered from the defense is that this report must be prepared and notified to the public prosecutor to confirm rules within the next three weeks to no more than that so that we can effectively report on February 24 in what position we are if we need to hire an expert or if the evidence we have is enough to be able to refute or be prepared for any testimony that witness can provide, ”said Hernández.

The prosecution revealed that it has already completed the discovery of evidence after the delivery of copies of the interviews and the annotations of the investigating agent.

The events date back to July 7, 2019, when the child was in his care and fell through a window on the 11th floor of the Freedom of the Seas cruise, of the Royal Caribbean company, while it was anchored. Chloe Wiegand, 1 year and 7 months old, did not survive the fall from about 115 feet.

There has been one comment so far on the story, in Spanish, a well-known Spanish proverb: "Mr Money is a powerful gentleman."

 

[mheido67]

You’d think his attorney would have told him to not do that interview. I wonder how that all came about.

Never trust that David Begnaud for sure!

Regarding David Begnaud, when the video was first shown on the PR tv program he tweeted that he (and CBS?) had been shown the video but were not in possession of the video. AKA they did not leak it. But they had been shown the video by the Wiegand's attorneys. I find it very interesting that the family's attorneys were showing the video around to select media in order to bolster their case that SA was confused by the window setup but then they got all kinds of aggitated when it was released to the public.

 

[mheido67]

From a Puerto Rico News Site Today: Primera Hora, via Google Translate:

Salvatore Anello's defense, accused of a charge of negligent manslaughter for the death of his granddaughter after falling from a window of a cruise ship anchored at the Pan American Pier II, on Isla Grande, has already hired an expert to rebuild the scene and hazard assessment.

This was reported by Mr. José Guillermo Pérez Ortiz, during a conference on the state of the proceedings that took place today in the courtroom of Judge Gisela Alfonso Fernández, of the San Juan Court.


The lawyer told First Time that his representative is inclined to opt for a jury trial.

"Right now we are leaning towards a jury trial," he responded as he left the court.

The lawyer notified the court that he is still in the process of selecting a medical expert to analyze the clinical picture of his client, among five potential candidates.

The judge said on February 24 the next conference on the status of the procedures date on which the scene reconstruction expert is supposed to have filed a detailed report with her findings. You will also have to notify if a medical expert was hired.

While the public prosecutor represented by prosecutors Laura Hernández and Ivette Nieves said that at this date there is no negotiation to reach an agreement with the defense of the accused.

“We have already been notified of the name of that scene recreation expert, we have not yet been notified of a report, what the court ordered from the defense is that this report must be prepared and notified to the public prosecutor to confirm rules within the next three weeks to no more than that so that we can effectively report on February 24 in what position we are if we need to hire an expert or if the evidence we have is enough to be able to refute or be prepared for any testimony that witness can provide, ”said Hernández.

The prosecution revealed that it has already completed the discovery of evidence after the delivery of copies of the interviews and the annotations of the investigating agent.

The events date back to July 7, 2019, when the child was in his care and fell through a window on the 11th floor of the Freedom of the Seas cruise, of the Royal Caribbean company, while it was anchored. Chloe Wiegand, 1 year and 7 months old, did not survive the fall from about 115 feet.

Sounds like he intends to fight this at trial. Should be interesting to see what happens.

 

[justice4allnow]

DBM

 

[justice4allnow]

DBM

 

[justice4allnow]

DBM

 

[wackyw]

Regarding David Begnaud, when the video was first shown on the PR tv program he tweeted that he (and CBS?) had been shown the video but were not in possession of the video. AKA they did not leak it. But they had been shown the video by the Wiegand's attorneys. I find it very interesting that the family's attorneys were showing the video around to select media in order to bolster their case that SA was confused by the window setup but then they got all kinds of aggitated when it was released to the public.

That would be the video being played with the "software issues" ??
You know, the one where he is at the window a lot less time than he was revealed to be on the leaked video.

JMO

 

[In vino veritas]

IMO, I think a PR jury is NOT going to be sympathetic to SA, especially given the video evidence, potential witness evidence and ALL the contradictory/ false statements put out by SA, MW and family. IMO, a trial is not going to provide the outcome SA wants.

 

[In vino veritas]

This case, the further it goes on, just infuriates me more and more. Regardless of measurements, or where the window was located, the fact remains that SA is the one who picked up Chloe and proceeded to drop her.

At trial, one would hope the jurors focus on two main points:
1. SA violated RCL contractual agreement by lifting Chloe up and over the railing.
2. Why did SA not first check to make certain window was closed before placing Chloe in the precarious position(again, against rules). He relied on his thoughts... according to his words. “ I thought the window was closed”
Negligence, negligence, negligence. And that’s what this case is about!!!

Please pardon my rant.

 

[MsBetsy]

IMO, I think a PR jury is NOT going to be sympathetic to SA, especially given the video evidence, potential witness evidence and ALL the contradictory/ false statements put out by SA, MW and family. IMO, a trial is not going to provide the outcome SA wants.

He is taking a pretty big risk considering he could be sentenced to three years in prison.

 

[MsBetsy]

That would be the video being played with the "software issues" ??
You know, the one where he is at the window a lot less time than he was revealed to be on the leaked video.

JMO

That's right, I think the reporter said it was only about 10 seconds that she was on the ledge before she disappeared.
So there must have been about 30 seconds that CBS did not see.

Imo

 

[neesaki]

Link to news report.
Defensa de Salvatore Anello contrata perito en reconstrucción de escena

ETA: Also added link to media thread.

 

[LietKynes]

He is taking a pretty big risk considering he could be sentenced to three years in prison.

Agreed. ^^^

Back in an earlier thread it was said that a plea deal had been offered to S.A. and that he had rejected it.
Not surprised.
Some people are fools.
But he should have taken it and this would be over.
The problem is that if SA accepts it the lawsuit may be thrown out.
It may be anyway.
But S.A. admitting guilt would probably squash it.