My family and I drove back to Malibu from breakfast on January 26, 2020. Driving home in fog, we drove on Mulholland Canyon. A crash was reported near Mulholland Drive about an hour later by local television news. It was soon revealed that the helicopter contained Kobe Bryant, his daughter, and several other families and children. This is the time I worked out. We passed the spot no more than 10 minutes before the crash and about 100 yards from the hill’s base.
The LA Times was my newspaper at the time. I was so excited to create an illustration. The illustration was complete and submitted to my editor. The final version almost made it to the top of page 2 and took up half of page 2. Below is the second version that didn’t make print (and should have).
It was revealed that County employees took photos showing the wreckage and body parts at the site of the crash. Those photos were shared by Sheriff’s deputies with other deputies and those deputies showed them to people like girls at bars, and bartenders. Once he saw the photos, the Sheriff ordered that all photos be deleted. Presently, no evidence has been found to prove that cop photos are actually there.
Vanessa Bryant was also informed of the photos, and filed a lawsuit against the Sheriff and LA County in federal court to address emotional distress. An excerpt claims:
[The defendants] “did not conduct a standard investigation or collect, inspect or search the offending deputies’ cellphones to determine how many existed, whether and how they had been transmitted or whether they were stored” [in an internet cloud].
Soon after, the discussion on crash site photographs became national. California’s law made it illegal for public employees to share crash photos.
The defendants tried to dismiss the lawsuit and I believe they succeeded. California law requires that a claim for emotional distress must be based upon actual distress. For instance, a family member of a car wreck crash can’t sue for emotional distress unless they witnessed it. In short, if Vanessa didn’t see the photos, she shouldn’t be able to sue for being emotionally wrecked by the mere thought of them. That is the lesson I took from law school some decades back. Vanessa Bryant filed suit based upon the possibility of photos being disseminated in the near future. She’s never seen them but, apparently, she’s emotionally ruined by the prospect of the photos appearing somewhere, at some time.
A federal magistrate disagreed and found that the jury could not reach a verdict on the matter. In early August, the claim was brought to trial. This trial became a spectacle. Opening statements by Bryant’s lawyer suggested that the photos were “visual gossip” and shown to others for a “laugh”. In my opinion that isn’t a proper opening statement. That’s an argument for closing. All of the lawyer’s opinions might be true, but the only way that Vanessa can ever see the photos is, it seems, with a time machine.
A retired cop testified that cops keep “death books” of dead celebrities to show to other cops. This witness was called by the plaintiff and I think militates against Bryant’s claim. A lot of photos of dead celebrities exist and family members haven’t, to my knowledge, sued over them. Again Bryant has never and will never see the photos and even if they appeared out of a “cloud” I doubt she would ever look at them.
Brian Jordon, a former firefighter, took the stand Monday and depending on the question remembered the things he did at crash site. Then he conveniently forgot the details. He recalled his memories during deposition. At trial – totally forgot. He left the witness stand three times and without the judge’s permission. The witness just left the courtroom and walked away. As a trial lawyer, I find it amazing that the judge didn’t warn him that he has to ask to leave. Also, Jordon’s attorney made an “asked and answered” objection – from the gallery. He was told by the judge in court-speak to calm down. “Asked and answered” is usually a useless objection so making that particular “objection” from the gallery is close to Demi Moore in a Few Good Men “strenuously objecting”. It was right that the judge had to throw him out of court.
The jury trial, which is scheduled for nine days, is now almost complete. I don’t understand how it got to trial because I don’t see how Bryant meets the legal definition of “emotionally distressed” when she has never seen, and will never see the crash photos. California is a state where celebrities rule. Because of her celebrity, there are high chances she will win and receive a huge judgment.
I have a lot of sympathy for Bryant and her surviving children but they didn’t see the photos.