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.
ALSO ON LOS GATOS PATCH:
- Attorney Claims Suicide Victim Audrie Pott's Father Is Not Biologically Related
- Saratoga Suicide Victim Audrie Pott's Attorney to File Wrongful Death Lawsuit
- Shame, Shock Over Arrest of Saratoga Youth in Wake of Teen's Suicide
- Audrie Pott Remembered During Candlelight Vigil at Saratoga High
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