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Who would ever let go of your child, even if there was no glass there?


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7 minutes ago, CoupleOfCruisers said:

I keep reading (in this thread)  references to Chloe being special needs child. I’ve seen no news articles on this so where is this information coming from? 

In her obituary (I think that's where this was) it said she was a preemie with complications.  I don't know if she was really having issues past that.  Her special needs status prior to her death might have been speculation.  Lots of preemies overcome their initial medical problems.

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21 minutes ago, Brobbins246 said:

In her obituary (I think that's where this was) it said she was a preemie with complications.  I don't know if she was really having issues past that.  Her special needs status prior to her death might have been speculation.  Lots of preemies overcome their initial medical problems.

I do recall having read somewhere, I don't remember where, shortly after her death that she was a special needs child. 

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Having been on many cruises I can assure everyone that you can tell when a window is open. Mr. Anello claims he's color blind and that may be why he couldn't tell the window was open even though the windows have a fairly dark tint to them. However, even if that is true you can hear sound and feel air through them. The open part of the window is pretty high. The bottom part of the window doesn't open. The grandfather actually rested on the railing for eight full seconds before picking his grand daughter up and lifting into the rail. He holds her for 34 seconds, let's go of her with one arm and then she slips from his grasp. It's a horribly tragic accident but nevertheless it's his fault. He cannot admit this to his family but it's highly unlikely he didn't know the window was open. A blind person would hear sound and feel the warm air.  

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New article from the Daily Mail about Grandpa’s latest court appearance. Not much we don’t already know, but a couple of highlights:

-The parents are begging the Puerto Rico court to drop their case against the grandfather. 

-There was actually no plea deal offered, but there’s no indication Grandpa will plead guilty. 

-If sentenced, the Puerto Rican courts will let him serve in Indiana, but jail time isn’t likely. 

Link: 

https://www.dailymail.co.uk/news/article-7935033/Parents-toddler-dropped-death-Royal-Caribbean-ship-beg-Puerto-Rico-end-case.html

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53 minutes ago, WoodsCommaElle said:

New article from the Daily Mail about Grandpa’s latest court appearance. Not much we don’t already know, but a couple of highlights:

-The parents are begging the Puerto Rico court to drop their case against the grandfather. 

-There was actually no plea deal offered, but there’s no indication Grandpa will plead guilty. 

-If sentenced, the Puerto Rican courts will let him serve in Indiana, but jail time isn’t likely. 

Link: 

https://www.dailymail.co.uk/news/article-7935033/Parents-toddler-dropped-death-Royal-Caribbean-ship-beg-Puerto-Rico-end-case.html

Nothing to do with this, but I just love your forum name, lol

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So parents want PR to drop all charges against the grandpa so they can sue RCL for millions - if they get a dime from the cruise line it will be a travesty of justice. I guess we could say that crime pays!. They filed a lawsuit against RCL which is a lie after lie, after lie. The pictures they enclosed are  more like pictures from the cruise ship ad  and not relevant to the case. And even these pictures show occasionally adults walking and sitting at the tables and nobody putting kids on the railing or windows!. Another news source shows their lawyer by the railing and looking at this picture alone  anybody would determine that you need to be absolutely reckless moron to put the toddler on this narrow window ledge. Also the railing height and distance to the window would deter any sane person to put there a baby. There is a general consensus that even if you happen to be suddenly color blind, anybody standing in front of the open window should feel the breeze. He admitted on CBS TV that he felt the breeze and could not feel the panel. Unless he is retarded, he should conclude that the window was open.  He is guilty of child endargerment and reckless homicide. There are warnings to stay away of the railings all over the ship and he ignored them. Apparently, even if RCL placed floating in the mid air "This window is open" sign, he would ignore too!

Crime online - Baby chloe parents lawsuit - HAHAHA!.pdf

Edited by Manana Chkadua
added corrected
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  • 2 weeks later...
Feb. 6, 2020, 4:55 PM EST
By David K. Li and Krista Brunson

A federal judge Wednesday refused to stop a lawsuit filed by the parents of a little girl who accidentally fell to her death off a cruise ship last year.

Royal Caribbean Cruises had sought to end the federal civil action by Indiana residents Alan and Kim Wiegand, whose 18-month-old daughter, Chloe, suffered a fatal fall on July 7 from the ship Freedom of the Seas.

 
 

Both the cruise line's motion to dismiss and U.S. District Judge Donald Graham's ruling were expected. Both sides still have a long way to go in exchanging evidence before any judgment can be made, according to the judge.

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What bothers me the most, all pictures showing Chloe banging on the window at the hokey game show her standing on the floor as these window are similar to the wall of windows from the floor to the ceiling at the pool area of  Freedom of the Seas. The grandpa did not need to put her over the safety barrier and on the narrow window ledge (so called baby play area!). If he kept her on the floor as she was shown at the ice rink, she would be alive. It was solely the Grandpa moronic action which killed her. I hate to see her family going to the bank with a fat check from RCL after the poor child died because of their negligence (or something more sinister). I paid my cruise fare, watched my child and had a good time. Kid is in his twenties and plans to go for RCL cruise for the honeymoon.  I hope the courts take these pictures in their considerations -they show how preposterous is their lawsuit.

Baby Chloe at the rink on the floor.jpg

baby chloe window best.png

Freedom of the sea wall of glass.jpg

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I agree @Manana Chkadua  This has always what my husband and I discussed when we saw this picture.  Why on earth did you raise her up when there is glass for her to view from standing?

Why would anyone with a smidgen of common sense in their brain, say, yep Royal is at fault after seeing him bend out the window before lifting her up and holding her?  I just do not get it at all.  He physically leaned out the window.  Sorry, but color vision deficiency, and not knowing the window was open due to tinting does not equate in the defense when there is video proof that prior to lifting her he leaned out the window for close to ten seconds.

Let's be real, I don't care if it was 2 seconds he leaned.  It would only take me 2 seconds to lean before I banged my head on the window.  He leaned his body out the window, for what I believe was 8 seconds.  Do the true count with me now...1 Mississippi....  

 

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@Manana Chkadua exactly.  We were on Adventure in December and then I saw the window configuration...and looks like it's the same on Freedom.  This is why I keep shaking my head...how he didn't know.  The ledge is quite a ways back from the window and had to have leaned her forward.  The picture above breaks my heart.  

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I don’t know why it even matters if the grandfather knew the window was open or closed.  If he hadn’t disobeyed ship rules by lifting the baby over the hand railing she would still be alive.  This family just seems out to make a profit from their baby’s death.  They keep spreading deceptive remarks about the cruise ship to get support for their unfounded lawsuit.  They immediately called the accident location a “children’s play area” while the video shows a bar near the open window — clearly not the children’s play area.  Saying the truth that gramps and Chloe were hanging out near the pool bar when gramps lifted her out an open window doesn’t bode well with their lawsuit so they twist the truth.  I read that the grandfather said at first he felt responsible for Chloe’s death but now he blames the cruise line.  Gramps needs to be found guilty of negligent homicide so he understands that he alone is responsible for Chloe’s death.  It disgusts me that this litigious family can’t take responsibility for their own actions, that they trusted a moron with their baby and his negligence caused her death.  It’s not always someone else’s fault.

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  • 2 weeks later...

The latest spin from the family's lawyers is the series of photos where they claim the railing prevented Sam Anello from being able to reach, lean out of or hold Chloe out of the window as he originally admitted to doing, they claim he was unable to determine the window was open.  Consider this, the video shows Sam holding Chloe in front of him for "34 seconds" before he "lost his grip" and dropped her to the pier below.  If he was holding her up to the window as he claims for "34 seconds" so that she could bang on it as he claims, in that LONG duration, he wasn't able notice her banging against plain air and not a window!  Please tell the truth, the pictures taken by the sleazy lawyer show a man with his arms bent at his side with only his forearms extending forward, Sam had his full arms extended forward as he held Chloe out the window, actually "outside" the ship just before "he" dropped he to her death.  Stop lying and trying to capitalize on the death of your own child that was caused by all of your own hands, it's blood money, enough!    

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The grandfather who dropped a toddler from an open window aboard a cruise ship asked a judge for a bench trial, not to be tried by a jury.

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Not shocking to read they asked for a bench trial.  I don't think any jury after seeing the video would not convict him of at least negligent homicide.  However, a judge has to go by the letter of the law and not any emotion.

My other thought is that going in this path may help them in their civil lawsuit.  If the judge does not find him negligent, than it can help in a civil case with jurors.

Not an attorney, but I have stayed at a Holiday Inn!

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The defense also stated in court that they would not be using an expert in accident scene reconstruction nor medical experts regarding the alleged color-blindness. They asked for additional time due to the change in defense strategy, but their request was denied. Trial dates set for April 2nd, 3rd & 6th and the prosecution indicated they would be calling witnesses.

https://www.elnuevodia.com/noticias/tribunales/nota/elabuelastrodelaninaquecayodeuncrucerorechazaunjuicioporjurado-2548730/

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Breaking News per David Begnaud (CBS News): BREAKING: Sam Anello, the Indiana grandpa charged with negligent homicide after his granddaughter fell from his hands aboard a cruise ship in Puerto Rico will plead guilty in a deal offered by prosecutors. Deal: no jail time, no admission to the facts, probation served in Indiana.

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3 minutes ago, Mariner2001 said:

Breaking News per David Begnaud (CBS News): BREAKING: Sam Anello, the Indiana grandpa charged with negligent homicide after his granddaughter fell from his hands aboard a cruise ship in Puerto Rico will plead guilty in a deal offered by prosecutors. Deal: no jail time, no admission to the facts, probation served in Indiana.

Wow! That's incredible!

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Partial statement from the attorney:

He added that the family wants to “turn their focus to mourning Chloe and fighting for cruise passenger safety by raising awareness about the need for all common carriers to adhere to window fall prevention laws designed to protect children from falling from windows.”

 

Children only fall from windows when held out of them, which appears what Grandpa did. 

 

 

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14 hours ago, RWDW1204 said:

Partial statement from the attorney:

“turn their focus to mourning Chloe and fighting for cruise passenger safety by raising awareness about the need for all common carriers to adhere to window fall prevention laws designed to protect children from falling from windows.”

 

 

I am pretty sure that this is the one and only time a person mistook an open window on a cruise ship and lifted a child up to a window and released the child as if the window would hold the child and the child fall to its death. There is so many wrong thoughts in doing that act it is hard to begin to understand what was going on in the Grandpa's mind. I feel so sorry for the family and I couldn't even imagine them sitting down for Thanksgiving or Christmas dinner together in the future. The pain and tragedy would be too much. 

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10 hours ago, FManke said:

How does this effect the civil lawsuit against RCCL?

It most likely will not affect it much.  As a part of the plea he is not admitting to any of the facts.  I am not a lawyer, but to the best of my knowledge, a felony conviction can only be used to attack the credibility of the witness.  

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12 hours ago, Mariner2001 said:

Deal: no jail time, no admission to the facts, probation served in Indiana.

I think their idea behind this is that the argument will be that there was no admission to guilt and because of that they will be able to fight with their civil suit.  The argument of no admission to guilt does not change the facts that the grandfather acted irresponsible, negligent, and his actions endangered the life of his granddaughter.  This will be a difficult case to win for the prosecution as all of the evidence gathered will still be admissible, but I am sure the prosecution will fight to get it thrown out. 

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10 minutes ago, StayFrosty said:

It most likely will not affect it much.  As a part of the plea he is not admitting to any of the facts.  I am not a lawyer, but to the best of my knowledge, a felony conviction can only be used to attack the credibility of the witness.  

He is not admitting to the facts, but he is accepting the guilty plea, which means he is saying, "Guilty."

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I am not a lawyer but what I'm seeing here is that the lawyer will argue that had Royal "adhered to window fall prevention laws designed to protect children", the negligent grandfather would not have had the chance to cause the death of his grandchild.  They'd say, "If there were no open windows there, the accident could not have happened."

My two cents ...

 

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10 hours ago, PG Cruiser said:

This same lawyer has an ad on Facebook reaching out to (Diamond) Princess passengers who want to sue the cruise line.

I wish there was an angry emoji! The cruise line did their part in trying to stop the virus from spreading. It's not like they wanted to halt sailings and lock everyone up like a prisoner. Ugh! Maybe slipping Jimmy here should use his powers for good instead of evil. 

53 minutes ago, tiny blonde said:

Aha! I knew it. 'Remember the old-style "ambulance chaser" lawyer? This guy's a cruise ship chaser.

Better Call Saul! My favorite line in the Breaking Bad series is when Jesse says: "You don't want a criminal lawyer... you want a criminal lawyer."

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49 minutes ago, BB1 said:

He is guilty,  there is surveillance footage and witnesses.  It doesn't sound like a good idea to sue. Even the slimy lawyer would be unlikely to pursue it because I'm sure it would be on contingency and it would be costly and he would get nothing. 

The lawyer on the civil suit has been on the case since 72 hours post mortem 

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26 minutes ago, PG Cruiser said:

had Royal "adhered to window fall prevention laws designed to protect children", 

They'd say, "If there were no open windows there, the accident could not have happened."
 

I believe that this is the first case, I know I have ever heard of on any cruise ship, of a child "falling" overboard. Doesn't that in and of its self prove that RC and other cruise ships safety measures have worked in preventing such incidents? How many milliions of children have cruised over the years without incident? Chloe would still be alive if it were not for her careless grandfather. My hope is that the family can try and find some peace going forward. 

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1 minute ago, FManke said:

I believe that this is the first case, I know I have ever heard of on any cruise ship, of a child "falling" overboard. Doesn't that in and of its self prove that RC and other cruise ships safety measures have worked in preventing such incidents? How many milliions of children have cruised over the years without incident? Chloe would still be alive if it were not for her careless grandfather. My hope is that the family can try and find some peace going forward. 

I'm not arguing with you on this, in fact I fully agree with you.  But I'm sure the lawyer will fight this reasoning and logic.

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