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Audrie Pott Case Biological Claims 'Revolting,' Attorney Says

Attorney Robert Allard says two of three underage defendants have also engaged 'slut shaming' of another young woman through dissemination of nude photos.

A photo of suicide, cyberbullying victim Audrie Pott at May 2013 news conference in San Jose to announce filing of wrongful death lawsuit. Photo by Sheila Sanchez
A photo of suicide, cyberbullying victim Audrie Pott at May 2013 news conference in San Jose to announce filing of wrongful death lawsuit. Photo by Sheila Sanchez
The attorney for the family of suicide victim Audrie Pott has issued a statement for the media about the wrongful death lawsuit's recent developments in which he calls the biological claims that she's not Lawrence Pott's biological daughter "revolting."

The 15-year-old Saratoga High School student tried to end her life by hanging herself in the bathroom of her bedroom at her mother's house in Los Altos Sept. 10, 2012 after sources say she was the victim of cyberbullying.

She died two days later on Sept. 12, 2012, after being disconnected from life support and pronounced dead.

Family attorney Robert Allard announced during a press conference about the wrongful death lawsuit in May of 2013 that the girl's body was violated, sexually assaulted and unclothed.

The body was also marked with black ink on her legs by the three Saratoga High School student suspects who wrote, "blank was here" during a sleepover Labor Day weekend in September of 2012.

Allard has since filed a wrongful death lawsuit against the families of the three boys. The case is now headed for trial.

Last week, a Sunnyvale attorney representing one of the youth, Philip Pereira, alleged in an answer to the suit that plaintiff Lawrence Pott has no standing in the case and therefore cannot sue as he's not the deceased victim's biological father.

"We, otherwise, have no intention at this time to dignify any of the recent allegations made by a defense attorney in a revolting attempt to deflect responsibility away from his clients," Allard said in the statement about Pereira's claims.

"The sole issue in this case is the callous behavior of the suspects which directly led to Audrie's unnecessary death. Since this lawsuit was filed, it has become quite clear to us that the suspects refuse to accept responsibility or show remorse for their actions," Allard said.

"The fact that they have not learned their lesson is demonstrated by the fact that two of these young adults, even after Audrie’s death, have continued to engage in the 'slut shaming' of other young woman through, for example, the dissemination of nude photographs," Allard said.

"It unfortunately will be necessary to proceed with this lawsuit through its conclusion so that a jury of 12 people from this community will force the suspects and their respective families to accept responsibility for their heinous actions," Allard added.

"In the process, we hope that young adults everywhere will learn that sexual assault and the boasting of it will not be tolerated in our society. Further, we continue to work in earnest with state legislators, including this week with Senator Jim Beall, to ensure that laws are enacted to prevent a similar calamity.
This case is and will always be about the tragic consequences associated with sexual assault and cyber bullying,” the statement ended.

The wrongful death lawsuit's next hearing is scheduled for Jan. 28 at the San Jose Hall of Justice, 191 N. First St.

Pereira declined comment on Thursday and referred all questions to the court file, which contains a document filed Dec. 27 in Santa Clara County Superior Court.

In it, Pereira alleges that evidence from Sheila and Lawrence Pott's divorce, and other facts he would not disclose, conclude that Lawrence Pott is not Audrey's biological father.

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Jennifer January 09, 2014 at 04:38 PM
As someone who was raised by a non-biological father I have to ask what biology has to do with any of this. A father lost a daughter. Biology doesn't make that any different. He is, was and always will be her dad, regardless.
Sheila Sanchez (Editor) January 09, 2014 at 04:53 PM
@Jennifer, thanks for the comment. Attorney Philip Pereira is trying to say that a non-biological father can't file a wrongful death lawsuit. Under law, it "is essential, that people who can bring unlawful death claims are blood relatives," Pereira said.
old neighbor dude January 09, 2014 at 05:38 PM
Even if it goes to trial, chances are a bunch of rich people who don't care about others will be on the jury and the loser kids will walk. It seems to be playing out that way over and over the last 2 years. Money talks...
Marilyn Leonard January 09, 2014 at 07:47 PM
This seems to me to be a shoddy attempt to get the guilty parties released from any liability. I hope this claim is denied and the Potts family gets their justice. Such a sad story.
Irene Aida Garza-Ortiz January 09, 2014 at 11:32 PM
All I can say is this world is getting more Perverted. Nobody, & I Mean Nobody Gets Away W/ Wrong Doing. It Will Come Around.....
Lynley Kerr Hogan January 10, 2014 at 10:40 AM
Give us the boys' names so we know who they and their families are. Why are these boys' names protected? We all know the victim's name. Let society deal with these losers! We will all suffer if we don't know who the criminals are. How do we protect ourselves and our children? Will they go on a list at some point so we know? Those boys deserve nothing less than society turning on them. There is no need for a judge/jury to declare that these boys are unfit for society. I was raped by a Los Gatos man in 1986 while at UCSB. He gave me his STD. Nothing happened to him, while I was severely punished. He is a Realtor in town and advertises on HGTV. The fat ugly one. I have suffered greatly each and every day as a result. I don't think he has suffered a day. My heart goes out to Audrie and her family. One good thing, Audrie will not suffer inside her mind for the rest of her life like I do. "Shame on you!" shouts William Kaschub.

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