I've struggled over posting this new information in the interest of those who want to stop the anger and who would like to get some closure. But I figure that there are those who would like to know, especially those who have worked so hard to bring some justice to this situation.
Lola has decided to stop her quest for a case to be lodged against the Santa Cruz Police Department. She has contacted and gotten replies from 3 large CA law firms and 1 in WA. They all reviewed the original Police Report, the rebuttal by 4 of Marie's friends who were in Santa Cruz that night and the official Autopsy Report. All of the law firms said no to going forward with a case. Their conclusion is: The police officer did not violate the range of discretion and judgment that is granted to a police officer.
A police officer has a wide range of what the law calls "discretion" which really means judgment to be exercised in a circumstance.
A police officer is not required to order the fastest possible response to a situation such as Marie's. A police officer is also not required to perform CPR.
The autopsy report also showed she had bronchopneumonia present in both the right and left upper and lower lobes of her lungs.
I know this not seem fair or just, but that is the law.
From Lola:
Things I Must Be Thankful For:
Having Marie with us for almost 41 years - Not having her pass out alone in her apartment that terrible weekend - Not having her pass out driving alone in her car and hurting or killing someone thru no fault of her own - Having some friends present that night at
the concert and the number of friends who were able to get to the hospital.
I also realize how much pride Marie had in her mind, her ability to learn new things, ability to walk, dance and hike. She would not have wanted for herself or for her friends and family to endure the next 40 years of her life in a nursing home with her mental and physical abilities gone.
Marie had the fun of knowing and enjoying Echo for 11 years and Rain for 8 years.
I treasure the continued support her friends have given me this past 22 months and look forward to a continued friendship in the future.
-- Lola
Much love to you Lola. Good for you for trying and seeing it to the end.
Rest in peace, Marie. I think about you and miss you everyday.
Love to you all,
Parisa
Lola has decided to stop her quest for a case to be lodged against the Santa Cruz Police Department. She has contacted and gotten replies from 3 large CA law firms and 1 in WA. They all reviewed the original Police Report, the rebuttal by 4 of Marie's friends who were in Santa Cruz that night and the official Autopsy Report. All of the law firms said no to going forward with a case. Their conclusion is: The police officer did not violate the range of discretion and judgment that is granted to a police officer.
A police officer has a wide range of what the law calls "discretion" which really means judgment to be exercised in a circumstance.
A police officer is not required to order the fastest possible response to a situation such as Marie's. A police officer is also not required to perform CPR.
The autopsy report also showed she had bronchopneumonia present in both the right and left upper and lower lobes of her lungs.
I know this not seem fair or just, but that is the law.
From Lola:
Things I Must Be Thankful For:
Having Marie with us for almost 41 years - Not having her pass out alone in her apartment that terrible weekend - Not having her pass out driving alone in her car and hurting or killing someone thru no fault of her own - Having some friends present that night at
the concert and the number of friends who were able to get to the hospital.
I also realize how much pride Marie had in her mind, her ability to learn new things, ability to walk, dance and hike. She would not have wanted for herself or for her friends and family to endure the next 40 years of her life in a nursing home with her mental and physical abilities gone.
Marie had the fun of knowing and enjoying Echo for 11 years and Rain for 8 years.
I treasure the continued support her friends have given me this past 22 months and look forward to a continued friendship in the future.
-- Lola
Much love to you Lola. Good for you for trying and seeing it to the end.
Rest in peace, Marie. I think about you and miss you everyday.
Love to you all,
Parisa
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SF Bay Area
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Re: update
Wed, March 5, 2008 - 7:44 PMp.s. Lola says that if anyone wants to write letters to the SC Police Department with specific mention to Sergeant Baker who wrote that awful and blatantly fabricated police report...or the officer in charge that night, then "have at it!"
Letters to local papers are also encouraged. -
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Re: update
Thu, March 6, 2008 - 9:15 AMThe officer in charge that night was ALDRIDGE by the way.
unfortunately, I don't even want to be in downtown Santa Cruz anymore
because of this.
I have no desire to see a show at the Catalyst anymore.
I have no desire to walk the streets that are patrolled by Aldridge
or Baker....
I will never look at the corner of Pacific and Elm without a fond memory
of our friend, Marie. But will also remember that bowlegged Aldridge
standing over her assumming she was someone else.....
assumming an empty beer bottle in her vacinity was hers...
I will never pass Dominican Hospital without remembering how I saw Marie last.
Or how we sat in that waiting room and just stared at each other wondering...
remembering... hoping....
Or how Hafty ran in, slumped in an unoccupied chair, and told us there was a new instrumental that "the boys" just wrote and they'd decided to call it Song For Marie.
My head is spinning with this info... can you tell???!!!
Im glad this tribe is here for me to vent.
Love you,
b
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Unsu...
Re: update
Thu, March 6, 2008 - 11:34 AMbig hugs to all those who miss marie,
and especially you (((((((((((((3 lovely ladies)))))))))))))).
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Re: update
Sat, March 8, 2008 - 7:17 PMThanks for posting that Parisa. I know that must have been hard for you to take, (as it is for us too I'm sure) that's it, over done...
What a great woman Lola is, to find a positive in all this.
Like Kiera said, big hugs to you all!!
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