Magistrate Judge Gregory
G. Hollows ruled Wednesday that Park Service officials intentionally
demolished the retaining wall before investigators could examine it. As
punishment, he recommended that the judge overseeing the case formally find the
Park Service negligent in Tommy Botell's death. Such a finding by U.S. District
Judge Garland
Burrell would give a big boost to the Botell family's lawsuit.
Hollows' findings are not
binding, and the final decision rests with Burrell.
Still, the magistrate was
unstinting in his rebuke of the Park Service's handling of the case. He rejected
the government's arguments that workers knocked down what remained of the wall
shortly after the July 29, 2009, accident in Lassen Volcanic National Park
because they felt it posed a danger to other hikers.
The magistrate said there was no
need to destroy the wall because "there is no doubt that the scene of the
accident, i.e., the remaining part of the wall, was important for
investigative purposes."
He said Park Service officials
could have closed the trail or erected a barrier around the accident site to
preserve the evidence.
Instead, Hollows wrote, "it has
become all too apparent that the defendant has purposely destroyed material
evidence in this case."
Read more: http://www.sfgate.com/news/us/article/Judge-Park-Service-ruined-evidence-in-Calif-death-4374634.php#ixzz2OEzSsRbnThe government is supposed to work for the people, not against, even if the government made a mistake.
I hope, but am not hopeful, that some people will be prosecuted or even fired, but in the U.S. government, no one, from the top on down are ever held responsible.
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