i hope and am confident your friend will be okay, she hasnt done anything wrong at ALL. anyone with any logical sense can clearly see that, its ridiculous if she were blamed for his death. he took his life at his own will, threatening another person with his own life wont do anything. he truly deserves to die
yllus
Elite Member & Lifer
- Aug 20, 2000
- 20,577
- 432
- 126
reitz, since you've been around forever I'm taking you at your word this actually happen. It seriously sounds too unreal to believe.
Simply: Even if she explicitly told him to fsck off and die, so the hell what? He's not a mindless slave bent to her will. There is no, no way that the courts will decide against her here. Whomever the lawyer was, get a different one.
Good luck!
Simply: Even if she explicitly told him to fsck off and die, so the hell what? He's not a mindless slave bent to her will. There is no, no way that the courts will decide against her here. Whomever the lawyer was, get a different one.
Good luck!
<< reitz, since you've been around forever I'm taking you at your word this actually happen. It seriously sounds too unreal to believe.
Simply: Even if she explicitly told him to fsck off and die, so the hell what? He's not a mindless slave bent to her will. There is no, no way that the courts will decide against her here. Whomever the lawyer was, get a different one.
Good luck! >>
Unfortunately, this is a civil court (I think) and the rules are different. I don't think that she would be on trial for his death, she would be on trial for "significant mental and emotional anguish" due to his death (implicating her in it). It gets far stickier once it goes to civil court, simply because words and arguments can be considered in the evidence. (hope that makes sense).
I don't believe that your friend has done anything wrong, reitz, I think that she was in a tough situation with a complete nutcase who would not leave her alone. Unfortunately, if harsh words were said to her ex, that could possibly be used. Overall, I don't think a sane judge would rule against her, but we have some pretty messed up judges who might consider her partially at fault.
Let me know how things proceed.
Truly Unfu(king belevable!!
I hope things work out OK for her.
Even if it does, what a fu(khead to lay sh!t like that on another human being! Not just sueing her, but the dickhead leaving a note blaming HER! I'm sure even if she does dislike the guy, living with this crap for the rest of her life will suck!
I hope things work out OK for her.
Even if it does, what a fu(khead to lay sh!t like that on another human being! Not just sueing her, but the dickhead leaving a note blaming HER! I'm sure even if she does dislike the guy, living with this crap for the rest of her life will suck!
"Isn't it illegal to tape phone calls without a warrant (if you are part of the police/FBI) or have TOLD/asked the other person that you are taping the conversation? Isn't that why Linda Tripp got in trouble after the Monica Lewinsky ordeal and why they considered not using her tapes in the evidence?"
It depends on your state of residence. To be more elaborate, it depends on the law of the state from which the call is made (or received if the person who received the call is the one who recorded the message). It is not exactly a clear line, but the general idea is as I stated. The reason Linda Tripp was prosecuted was 'cuz the state from whence came her call has the two-party law. If you recall, the prosecutor had to check details before deciding to prosecute her.
Okay, back to original poster: Well, this story sounds extremely odd. And with all due respect, I must approach this whole story with caution and doubt. I do not believe it is simply as stated, for I do not know what law would favour his family if your version of the story were absolutely true.
"She dated him for about a month and a half (maybe two), and broke it off with him for good after he told her one night that she's too fat to be attractive (she's not), that he was settling for her, and that she's too slutty (she's a 23 year old virgin whose wardrobe looks like it was approved by Pat Robertson)."
And how exactly could it be that a guy makes a statement as claimed on the same date with another statement contradicting it? I don't get it. How could he say he is settling for her if he said how she's too fat to be attractive and is slutty? What would be the point of he settling for her? Can you elaborate a bit? Or are you simply trying to make a case for verbal abuse/physical abuse?
Sir, I do not see how any lawyer would make a statement as claimed if the story you have narrated is exactly true. I do not see how the court would accept such case without thoughts of a frivolous lawsuit amidst it. I do not see how the family would be able to file a wrongful death. It really makes no sense to me.
Why would she endure physical assault from his mother? Would not she have called the police so have to have a record to help her case during the civil litigation?
As they say, there are always two sides to a story. I'm afraid your friend or you are trying to make claims now, one she perhaps rarely ever stated, to help her case. Your narration fails in any form I endeavour to put it.
I hope you find someone who really understands the case as narrated and can help you.
It depends on your state of residence. To be more elaborate, it depends on the law of the state from which the call is made (or received if the person who received the call is the one who recorded the message). It is not exactly a clear line, but the general idea is as I stated. The reason Linda Tripp was prosecuted was 'cuz the state from whence came her call has the two-party law. If you recall, the prosecutor had to check details before deciding to prosecute her.
Okay, back to original poster: Well, this story sounds extremely odd. And with all due respect, I must approach this whole story with caution and doubt. I do not believe it is simply as stated, for I do not know what law would favour his family if your version of the story were absolutely true.
"She dated him for about a month and a half (maybe two), and broke it off with him for good after he told her one night that she's too fat to be attractive (she's not), that he was settling for her, and that she's too slutty (she's a 23 year old virgin whose wardrobe looks like it was approved by Pat Robertson)."
And how exactly could it be that a guy makes a statement as claimed on the same date with another statement contradicting it? I don't get it. How could he say he is settling for her if he said how she's too fat to be attractive and is slutty? What would be the point of he settling for her? Can you elaborate a bit? Or are you simply trying to make a case for verbal abuse/physical abuse?
Sir, I do not see how any lawyer would make a statement as claimed if the story you have narrated is exactly true. I do not see how the court would accept such case without thoughts of a frivolous lawsuit amidst it. I do not see how the family would be able to file a wrongful death. It really makes no sense to me.
Why would she endure physical assault from his mother? Would not she have called the police so have to have a record to help her case during the civil litigation?
As they say, there are always two sides to a story. I'm afraid your friend or you are trying to make claims now, one she perhaps rarely ever stated, to help her case. Your narration fails in any form I endeavour to put it.
I hope you find someone who really understands the case as narrated and can help you.
<< OMG, that's the most f'd up story i've ever heard, what the hell is wrong with the world today? >>
I was just going to say that...
Although here in Finland the situation isn't even nearly as bad as in US, this still pisses me off big time.
N8Magic
Lifer
- Dec 12, 2000
- 11,624
- 1
- 81
<< There are phone records kept >>
Incorrect.
There is only a record of the last incoming/outgoing call kept. The only way she could get a complete record was if she had something called a CLI (Calling Line Identifier) put on her line. This logs every incoming call. Problem is this has to be done before the fact, and is only available to law enforcement. I chuckle every time I see this on TV, where the cops are like, "we'll get his/her phone records". No they won't, unless they had been monitoring the line for some time.
The only exception to this rule is wireless phones, where a record is kept of every call.
Geekbabe
Moderator Emeritus<br>Elite Member
She needs a really good lawyer, the ex-boyfriend is a manipulative POS probably took too many pills by accident. I highly doubt he had any real intention of killing himself.
This is NOT her fault !!
This is NOT her fault !!
ouch...just remember she has the support of the ATOT effect
yeah, but if she could do better if she had the slashdot effect with her
yeah, but if she could do better if she had the slashdot effect with her
He who has the best lawyer wins...
But seriously, this sounds too fishy to me.
Granted, in a civil suit you can claim anything. Just keep in mind that we live in a country that allows burglers to sue if they are injured while they are on the job...
Find a decent lawyer and tell him all of the facts in an unedited version.
This sounds like a setup to me.
Keep us updated.
But seriously, this sounds too fishy to me.
Granted, in a civil suit you can claim anything. Just keep in mind that we live in a country that allows burglers to sue if they are injured while they are on the job...
Find a decent lawyer and tell him all of the facts in an unedited version.
This sounds like a setup to me.
Keep us updated.
His family will get nothing. It won't be the first broken off relationship. If his emotions are that deranged that he really followed thru with the suicide attempt, then the issue is in his mental health. The guy obviously has major issues.
It could be Intentional Infliction of Emotional Distress or more likely, Negligent Inflinction of Emotional Distress.
:Q I am disturbed that something like this could happen. I hope that your friends prevails in the end. I would say that she's goin a lot going for her. The fact that she had him blocked at 2 different places, the fact that he broke up with her, and the fact that he called her up that last night, not the other way around. I would have a very hard time believing that the guys parents will win. Best of luck to her
Whenever you record a conversation on the phone, the other must know and accept. Unlawfully recorded conversation might be not accepted by court.
her209
No Lifer
- Oct 11, 2000
- 56,336
- 11
- 0
Yes I totally agree. If someone secretly recorded conversation and erased/cut/omitted all the bad things that were said by them, but left all the ones you said, I don't see how that is considered evidence.
In either case, I don't think the case will have any merit with the judge/jury based on the fact that the guy was an ex-boyfriend turned stalker. I mean, stalkers can't sue their stalkee saying, "Oh since you don't want to be with me, I will kill myself."
In either case, I don't think the case will have any merit with the judge/jury based on the fact that the guy was an ex-boyfriend turned stalker. I mean, stalkers can't sue their stalkee saying, "Oh since you don't want to be with me, I will kill myself."
<< Yes I totally agree. If someone secretly recorded conversation and erased/cut/omitted all the bad things that were said by them, but left all the ones you said, I don't see how that is considered evidence.
In either case, I don't think the case will have any merit with the judge/jury based on the fact that the guy was an ex-boyfriend turned stalker. I mean, stalkers can't sue their stalkee saying, "Oh since you don't want to be with me, I will kill myself." >>
yeah but what's the proof of that ??
Jus' her word
<< << Yes I totally agree. If someone secretly recorded conversation and erased/cut/omitted all the bad things that were said by them, but left all the ones you said, I don't see how that is considered evidence.
In either case, I don't think the case will have any merit with the judge/jury based on the fact that the guy was an ex-boyfriend turned stalker. I mean, stalkers can't sue their stalkee saying, "Oh since you don't want to be with me, I will kill myself." >>
yeah but what's the proof of that ??
Jus' her word
>>
no, not just her word, the recorded conversation should have an explicit acknowledgement by her that the conversation is being recorded. like luvly said, it isn't necessarily illegal in every state, but if it is illegal in the state where he resides than he would have the burden of proof, he would have to prove that she knew he was recording the conversation, otherwise the recording would be illegal.
Isn't suicide illegal? If it is and this guy dies, then I don't believe they can sue. (I am not a lawyer, this is only my speculation)
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