IN-Grandfather charged cruise ship death of Chloe Wiegand MEDIA TIMELINE NO DISCUSSION

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New Chloe Wiegand's family condemns the release of a video that shows moments toddler fell to death from cruise ship - CNN
Family condemns the release of a video that shows moments toddler fell to death from cruise ship
By Madeline Holcombe and Jamiel Lynch, CNN

Updated 2:32 AM ET, Thu December 19, 2019

(CNN)Video appears to show the moment Chloe Wiegand fell from her grandfather's arms to her death aboard a Royal Caribbean cruise ship in July.

Chloe, 18 months old, was playing on a Royal Caribbean ship docked in Puerto Rico with her grandfather, Salvatore "Sam" Anello, when she fell from an open glass window to her death.
The video appears to show Anello lean through an opening before picking up the toddler and holding her up to the opening.
It is unclear from the video how deep the opening is.
Shortly after Chloe is gone from his arms.
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According to the lawsuit the family filed earlier this month against the cruise line, Anello lifted Chloe up onto the railing and held her as she leaned forward to bang on the glass. There was no glass pane and she slipped from Anello's arms, falling 150 feet below to the pier, resulting in her death, the suit says.
Anello was not aware that some of the glass panes could be opened, the suit said. The suit claims that there was no indication that the wall of glass panes was not a fixed wall and that the wooden rail was located approximately 18 inches from the glass pane.
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[Seattle1]

Video Showing Final Moments Before Baby Falls Off Cruise Ship Leaked

Dec 24, 2019

The video involving the final moments of one-year-old kid Chloe Wiegand, who fell from a Royal Caribbean cruise ship in San Juan, Puerto Rico has been leaked and was telecast on Tuesday in a private channel.

The video was broadcast on the Puerto Rican station Mega TV. The family is upset by the public display of the video.

According to the USA Today report, the silent footage of the July 7 incident forms a crucial part of two cases related to Chloe's death.

There is a criminal case against Anello, the child’s grandfather charging negligent homicide. If convicted, he will face three years in prison.

[..]

Who leaked it?

There is no clue on who had leaked the footage, and how it will impact the pending litigation.

Michael Winkleman, the attorney representing the Wiegand family allowed the media team to view the video to know what is inside it.

“The family publicly asks the Puerto Rican authorities, why was this footage released?” the Wiegand family said in a statement released through Winkleman.

Probe sought

It asked why they are inflicting such emotional distress on the family and called for an independent investigation into the leak.

The USA Today report said the footage showed Anello lifting Chloe and prodding her to bang on the window. The office of Puerto Rico Attorney General Dennise N. Longo Quiñones said her office has no idea how the media outlet got the video.

But the statement of AG added: “A careful review of video confirms Salvatore Anello is guilty of negligent homicide as charged.”

This, however, contradicts the scenario mentioned in the lawsuit filed by the family against the cruise line.

[..]

Royal Caribbean declined to comment on the leak and court cases.

 

[oviedo]

Cruise ship writer slammed for saying death of Indiana toddler who plunged from vessel's window shouldn't ruin cruise experience: "I think you have a cheek writing such a story"
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<modsnip - 10% copyright rule>

...Chua took issue with the family's account that it was the cruise line's responsibility to close the window.

"As many cruisers would know, cruise lines do leave the windows on the upper deck open for fresh air. These windows, which are above hip height, are tinted to show whether a window is closed or open.

Related Stories

• Cruise Company to Blame for Death of Toddler Who Fell From Window: Family
• Death of Cruise Ship Toddler Who Fell out Window 'Could Be Murder': Police
• Tragic Cruise Baby Family Says Company Isn't Handing Over 'Critical' Video

In a statement earlier this week, a Royal Caribbean spokeswoman said: "We are assisting local authorities in San Juan, as they make inquiries after an incident aboard Freedom of the Seas. We do not have further information to share at this point."

 

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...
episode of La Comay, dated December 18, 2019. The hosts use a model of the railing and window and a doll for demonstration. Demonstration begins slightly before the 45 minute mark.

Another video

 

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ROYAL CARIBBEAN CRUISES LTD.’S MOTION TO DISMISS THE COMPLAINT FOR FAILURE TO STATE A CAUSE OF ACTION

CASE NO. 19-CV-25100 DLG WIEGAND VS RCCL

FILED ON 1/8/2020
ROYAL CARIBBEAN CRUISES LTD.’S UNOPPOSED MOTION FOR LEAVE TO CONVENTIONALLY FILE VIDEO FOOTAGE REFERENCED IN MOTION TO DISMISS COMPLAINT FOR FAILURE TO STATE A CAUSE OF ACTION

 

[oviedo]

Grandfather who dropped toddler to her death from cruise ship was 'aware it was open' | Daily Mail Online

 

[oviedo]

Cruise line seeks dismissal of family's lawsuit in toddler’s fatal cruise ship fall

Royal Caribbean cruise line has responded to a lawsuit filed by the family of Chloe Wiegand, the Michiana toddler who fatally fell from a cruise ship window in July.

In court documents filed on January 8, Royal Caribbean asks the court to dismiss Wiegand’s family’s claims that the cruise line was negligent and not compliant with current window fall prevention guidelines.

The cruise line alleges in the new court documents that Wiegand’s grandfather, Salvatore Anello, knew that the 11th floor window was open when Wiegand fell to her death on the cruise ship docked in Puerto Rico..

 

[oviedo]

Royal Caribbean blames 'reckless' grandfather in Chloe Wiegand's death

 

[oviedo]

Royal Caribbean says grandfather who dropped toddler to death from cruise ship knew window was open

The Wiegands’ attorney Michael Winkleman issued this statement:
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The Wiegands are in the process of responding to Royal Caribbean’s Motion to Dismiss. In short, Royal Caribbean’s Motion to Dismiss is baseless and deceptive. It is clear that Royal Caribbean’s tactic is to blame Chloe’s grandfather rather than to accept that Royal Caribbean did not implement industry standards for toddler safety aboard its ships which ultimately led to Chloe’s tragic death. Royal Caribbean has premised its defense in this case and its blame on Chloe’s grandfather by supplying two deceptive views from its CCTV cameras to the court and the Puerto Rico authorities. However, the Plaintiffs were first permitted a vessel inspection of the scene of the incident on January 10 – less than a week after Royal Caribbean first informed the Wiegands that they are making modifications to the ship that will destroy the subject area where the incident occurred. That inspection has revealed that Royal Caribbean’s Motion to Dismiss neglects to tell the Court and, presumably, the authorities that there were no less than THIRTEEN CCTV video cameras in the area of the incident. The Wiegands will ask the Court to compel Royal Caribbean to produce all the video from those nearby cameras.

Further, the Wiegands’ response to Royal Caribbean’s Motion to Dismiss will definitively show what the Wiegands have said since day one: that Chloe’s grandfather never knew there was an open window and never ...
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[oviedo]

Video proves grandfather who dropped girl from cruise line knew window was open, cruise ship claims

 

[oviedo]

Cruise line says grandfather knew window was open before Granger girl fell to her death

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But in its motion, the cruise line argues it has no duty to protect against unforeseeable incidents.

"His actions, which no reasonable person could have foreseen, were reckless and irresponsible and the sole reason why Chloe is no longer with her parents," the document says.

In a statement to the Indianapolis Star, Winkleman said Royal Caribbean's motion was "baseless and deceptive."

"It is clear that Royal Caribbean’s tactic is to blame Chloe’s grandfather rather than to accept that Royal Caribbean did not implement industry standards for toddler safety aboard its ships," Winkleman said in the statement Friday.

 

[oviedo]

Michiana family says cruise line is being 'deceptive' in lawsuit over toddler's death

 

[Seattle1]

Royal Caribbean says grandfather who dropped toddler to death from cruise ship knew window was open

Jan 17, 2020

Photo from court documents filed on January 8, 2020 by Royal Caribbean Cruises in the United States District Court of Southern Florida

Next, Anello leans down and picks Chloe up, lifting her over the wooden rail towards the open window.

Anello stays in front of the open window, which was 11 decks high off the ground, while holding Chloe for approximately 34 seconds before she fell.

[..]

Royal Caribbean says the "only reasonable conclusion from the video" is that Anello knew the window was open before lifting Chloe over the wooden rail and holding her out the open window for a "considerable period," thus "recklessly endangering her life."

[..]

The Wiegands' attorney Michael Winkleman issued this statement:

The Wiegands are in the process of responding to Royal Caribbean’s Motion to Dismiss. In short, Royal Caribbean’s Motion to Dismiss is baseless and deceptive. It is clear that Royal Caribbean’s tactic is to blame Chloe’s grandfather rather than to accept that Royal Caribbean did not implement industry standards for toddler safety aboard its ships which ultimately led to Chloe’s tragic death.

[..]

That inspection has revealed that Royal Caribbean’s Motion to Dismiss neglects to tell the Court and, presumably, the authorities that there were no less than THIRTEEN CCTV video cameras in the area of the incident. The Wiegands will ask the Court to compel Royal Caribbean to produce all the video from those nearby cameras.

 

[Seattle1]

Royal Caribbean blames 'reckless' grandfather in Chloe Wiegand's death

Jan 17, 2020

"This is a case about an adult man," Royal Caribbean said in its motion, "who, as surveillance footage unquestionably confirms: (1) walked up to a window he was aware was open; (2) leaned his upper body out the window for several seconds; (3) reached down and picked up Chloe; and (4) then held her by and out of the open window for thirty four seconds before he lost his grip and dropped Chloe out of the window."

[..]

Salvatore "Sam" Anello has insisted he did not know the window was open when Chloe fell. He has said he lifted her so she could bang on the glass like she did at her brother's hockey games.

Chloe's family sued Royal Caribbean last month in the U.S. District Court in the Southern District of Florida. They claim the cruise line failed to protect passengers from deceptively dangerous windows.

 

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PLAINTIFFS’ MOTION TO STRIKE VIDEO FOOTAGE CONVENTIONALLY FILED [D.E. 13] AND REFERENCED IN DEFENDANT’S MOTION TO DISMISS [D.E. 7]
Wiegand vs RCCL CASE NO. 19-CV-25100-DLG filed on 1/17/2020
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[neesaki]

Defensa de Salvatore Anello contrata perito en reconstrucción de escena
Salvatore Anello defense hires expert on scene reconstruction
There is still no date for the start of the trial against the accused of negligent homicide for the fall of his granddaughter from a cruise.

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 tall.

 

[Seattle1]

Parents of toddler dropped to her death from Royal Caribbean ship beg Puerto Rico to end case | Daily Mail Online

Jan 27, 2020

Chloe Wiegand's distraught parents have begged Puerto Rican authorities to halt criminal proceedings against the grandfather accused of dropping the toddler from the 11th deck of a cruise ship - insisting they know with 'all of their hearts' he is innocent.

Alan and Kimberly Wiegand say evidence from their own private investigation into Chloe's fatal plunge from the Freedom of the Seas shows it was 'physically impossible' for Salvatore Anello to have dangled her overboard.

As the elderly, color-blind grandpa made his third court appearance today in San Juan, the couple called on prosecutors to scrap the negligent homicide charge so they can finally grieve together as a family.

[..]

The couple's plea refers to the findings of their legal team's unsupervised inspection of the Freedom of the Seas as it docked in Barbados on January 10.

After learning the kids splash pool area where 18-month-old Chloe fell was about to be refurbished the Wiegand's investigators boarded the $800million ship to take documentary photos and measurements.

They were surprised to find 13 different cameras overlooking the area, according to papers filed this week in the parallel civil lawsuit the parents have filed against Royal Caribbean for negligence.

Alan and Kimberly accuse the cruise operator of creating a 'false narrative' by only disclosing footage from the two most incriminating angles and wrongly stating that Anello leaned his head through the window.

Their own data suggests this was 'physically impossible' due to a gap between a handrail and the window which would have required the grandfather to be seven inches off the ground to do so.

[..]

Judge Gisela Alfonso Fernandez scheduled the next hearing for February 24 and told Anello it was 'imperative' that he attend the hearing in person, when it's likely his trial date will be set.

Afterwards Brenda Quijano, a spokeswoman for Puerto Rico's Department of Justice, refused to discuss how many different camera angles of the accident would feature in the prosecution case.

 

[oviedo]

@Kindred (thanks)

DOCUMENT DROP!

For the plaintiffs :

PLAINTIFFS’NOTICE OF FILING PRELIMINARY AFFIDAVIT OF RANDALL JAQUES
CASE NO. 19-CV-25100-DLG
WIEGAND VS RCCL
filed on 1/23/20

notice of affidavit.pdf


PRELIMINARY AFFIDAVIT OF RANDALL JAQUES
filed on 1/23/20

affidavit of expert randall jaques.pdf

PLAINTIFFS’REPLY IN FURTHER SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL DEFENDANT TO PRODUCE ALL VIDEO FOOTAGE
filed on 1/27/20

further motion to compel.pdf

Defense documents:

ROYAL CARIBBEAN CRUISES LTD.’S REPLY TO PLAINTIFFS’PRELIMINARY RESPONSE TO MOTION TO DISMISS THE COMPLAINT FOR FAILURE TO STATE A CAUSE OF ACTION
filed 1/29/20

RC response to plaintiff 1-29.pdf

ROYAL CARIBBEAN CRUISES LTD.’S RESPONSE TO PLAINTIFFS’MOTION TO STRIKE VIDEO FOOTAGE
filed 1/31/20

RC response to motion to strike video.pdf

 

[oviedo]

Parents of toddler who died on cruise ship can proceed in suit

 

[Seattle1]

Parents of toddler who died on cruise ship can proceed in suit

Feb 6, 2020

Judge Graham determined in a seven-page ruling on Wednesday that the Wiegands' suit had presented a factual and plausible case at face value.

He denied the motion to dismiss, saying Royal Caribbean had woven images and statements into their filing that went beyond the scope of the complaint and 'catapulted' the case into the discovery stage.

Sources close to the Wiegands' lawsuit estimate it could take a year to come before a jury by which time Anello of Valparaiso, Indiana is likely to have stood trial in Puerto Rico for negligent homicide.