To: sawsalimb
The prosecutor could not be sued in this case. The SDPD could possibly be sued if the affidavits used were perjurious or not based on personal knowledge. The most likely cause of action would be malicious prosecution, but based on the divisive nature of the debate concerning DW's guilt, that would be extremely difficult.
A DW lawsuit against the VDs could possibly succeed if it turns out later that they were involved someway in Danielle's death or knew who was. It it turns out that way, DW could prevail in a malicious prosecution claim against the VDs.
To: connectthedots
That's pretty much how I sized it up. And now,of course,Westerfield will either be:
a)Destitute,or
b)in jail
so the powers-that-be are probably safe. I bet they sleep like logs,too.
To: connectthedots
Good points. What about if the vDs knowingly falsely accused DW? There is evidence they might have in some of those earlier motions--also evidence the police embellished on even that.
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson