[sawsalimb]

FWIW,I'm not sure that Westerfield even could sue the VanDam bunch. If the charges against him were brought by the SDPD,wouldn't he be restricted to suing the SDPD for damages incurred?(This is a question,by the way,because I really have no idea what the law would or wouldn't allow in a case like this. Can anyone out there educate me?)

[bvw]

RICO

[ican'tbelieveit]

Oh I know, but wishful thinking on my part.

But you have to admit, if they sue him, they are going to be ripped to shreds.

[connectthedots]

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.