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Willed Body Program Litigation Update   October 2008
 
Key Witness Pleads Guilty in Criminal Proceedings
 
Henry Reid, the former director of UCLA's Willed Body Program ("Program"), pleaded guilty on October 17, 2008, to one count of conspiracy to commit grand theft.  The count contained a special allegation that Mr. Reid damaged or destroyed more than $1 million worth of school property, which refers to bodies donated to the Program from 1999 to 2004.
 
He is scheduled to be sentenced on January 30, 2009.  Under his plea agreement, Mr. Reid could be sentenced to serve up to four years and four months in state prison.  Mr. Reid also agreed to pay $100,000 to $1 million in restitution to the Program; the precise amount will be determined at the sentencing hearing.  The remaining two counts of grand theft and grand theft of personal property will be dismissed, as part of the plea agreement.
 
Ernest Nelson faces eight felony counts, including conspiracy, grand theft and tax evasion.  Ernest Nelson remains in custody at this time.  His next court date is currently set for October 31, 2008 at 8:30 a.m.  Notably, Mr. Reid has agreed to cooperate with prosecutors in Mr. Nelson's criminal trial.
 
We will continue to keep you informed regarding all developments in the criminal proceedings of these key witnesses.

CLICK HERE to read more about the Willed Body Litigation




September 16, 2008

Kiesel Boucher Larson LLP filed a Government Claim placing Metrolink on
notice of pending legal action against the Southern California Regional
Rail Authority (dba Metrolink) for the death of 19 year-old rail passenger
Aida Magdaleno.  Aida was en route from Los Angeles’ Union Station to
Moorpark on September 12, 2008, when the Metrolink train she and 224
other passengers were riding collided head on with a freight train. The
engine of the freight train embedded itself into the front Metrolink car,
as both trains derailed.  Aida died in the catastrophe.  

Aida was a sophomore at CSUN majoring in Sociology. The blue-eyed,
ambitious, A-student never stopped dreaming or setting higher goals
for herself, according to her sister, Gabriella.  She was loved by her fellow
students, teachers and all who knew her.  Aida is survived by her parents,
Leticia and Juvenal, sister Gabriella and two brothers, Juan and Miguel.  

Metrolink train No. 111 left Union Station in downtown Los Angeles at
3:35 p.m. and was heading to Moorpark, about 48 miles to the northwest. 
The passenger train at the time of impact was traveling approximately
40 miles per hour.  The Metrolink train had a red light at the time of the
collision, to allow a Union Pacific train traveling in the opposite direction on
the same tracks to pass.  The Metrolink engineer either failed to stop for 
the red light, or the signal was not working at the time of the disaster. The
exact cause is yet to be determined.  The head-on collision forced the
Metrolink engine well back into the first passenger car, and both toppled over.  

Paul Kiesel expresses sympathy to the family of Aida Magdaleno and all
other passengers who were killed and injured in the collision.  At the
same time, Mr. Kiesel expresses outrage that Metrolink’s leadership
allowed this preventable tragedy to happen.  He stated: "This train
crash was preventable, and we must all work to prevent these tragedies
from ever happening again.”  

As a "common carrier," Metrolink must use the “utmost care and diligence”
to transport its passengers safely.  Metrolink failed to do this.  

Metrolink has one of the worst fatality rates of any railroad operator in the
nation.  This is the worst train wreck in Southern California in over 50 years,
but 26 other people have perished on Metrolink trains in the past two decades.  

For further information on how Kiesel Boucher & Larson LLP can be of
assistance to you, please contact the firm at 310-854-4444. 


 Paul Kiesel speaks on behalf of the Magdaleno family at the Monday
September 15, 2008 nationally covered news conference.

____________________________________________________

September 15, 2008

Paul Kiesel extends his firm's sympathies and commits its resources to
help those who have lost loved ones or who have been injured in this
collision.  At the same time, Mr. Kiesel expresses outrage that Metrolink
allowed this preventable tragedy to happen. 

"The time is NOW to invest in available technologies, such as the 
Positive Train Control systems, that would have and will prevent
incidents like this from ever happening," Kiesel said.  

Katie Higgins, who is a member of the National Transportation Safety
Board, said that Positive Train Control would have prevented this
accident.  This life saving technology has been available for years, but
Metrolink has refused to install it.  This train crash was preventable and
we must all work to prevent these tragedies from ever happening again.”  

For further information on how Kiesel Boucher & Larson LLP can be of
assistance to you, please contact us at 310-854-4444.


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