Cruise Law News : Maritime Lawyer & Attorney : James M. Walker : Walker & O'Neill Law Firm : Admiralty Law, Cruise Ship Accidents & Injuries

Crimes on cruise ships on the high seas often fall into jurisdictional no-man's lands where prosecutions are impossible to pursue. 

But yesterday a judge in Orange County, California ruled that local prosecutors can try a criminal case against a cruise passenger accused of strangling his ex-wife and tossing her off a cruise ship in Italy seven years ago.

The Orange County Register reports the Orange County judge ruled Wednesday that California law does not prevent prosecutors from handling cases which arise outside of California. 

In a case we have mentioned before, cruise passenger Lonnie Kocontes was arrested in February for killing his ex-wife for financial gain.  Kocontes and Micki Kanesaki, although divorced, lived together in California and went on a cruise together in 2006. She went overboard in the Mediterranean Sea. Her body washed ashore the next day and the coroner found evidence that she had been strangled before going into the water.

When Kocontes returned to California, he began transferring more than $1 million from Kanesaki's bank accounts.

The judge's ruling is significant because typically state prosecutors do not have jurisdiction to pursue criminal case when the crime occurs outside state territorial waters.  The exception to this general rule is Florida which enacted a state law which permits the state to prosecute criminal on the high seas when the cruise leaves a port in Florida.  

You can read our prior article here: Cruise Ship Passenger Pleads Not Guilty of Strangling His Ex-Wife & Throwing Her Overboard

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Disney Cruise Line's decision to sail its Disney Dream out of the jurisdiction to Nassau, Bahamas has caused concern and outrage not only with the local police department in Brevard County but has also caught the attention of the new Attorney General for Brevard County, Phil Archer.

After watching the video tape obtained by WKMG Channel 6 in Orlando and learning that Disney had assisted the assailant crew member in leaving the jurisdiction and avoiding prosecution, Attorney General Archer said he was "sickened."  He vowed to prosecute crimes on cruise ships which are all too often not timely reported to the local law enforcement or are ignored by the FBI.

According to WKMG, which again aired an informative report on this disturbing case, Archer said that "at least two crimes" may have occurred on the Disney Dream while in Brevard County's waters: "false imprisonment, as the suspect cornered the child in the elevator, which he prevented from moving by blocking the door as he appeared to molest her; and lewd or lascivious molestation on a child under 12, a felony that could have produced a life sentence."

Archer characterized the Disney molestation case as "serious" and promised vigorous prosecutions of crimes like this in order to protect other families who may cruise in the future.  The local police chief also promised a more active role in investigating allegations of cruise ship crimes and completing reports.

When asked to respond to Disney's excuse that the child's grandmother allegedly said she did not want to pursue a criminal prosecution in the Bahamas, Attorney General Archer said: "the decision to prosecute that serious a crime in Florida rests with a prosecutor, not a grandmother."

Watch the video below:

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A court in Italy is proceeding with preliminary hearings to consider evidence whether Captain Francesco Schettino will face trial for criminal charges for his involvement in the Costa Concordia disaster. 

Schettino, labelled "Captain Calamity" in the press, appeared at the proceedings yesterday, faces a trial on charges of manslaughter, causing a shipwreck and abandoning ship. 

The Italian prosecutors requested the indictment of four crew members in the case, including the ship's helmsman, as well as Costa employee Roberto Ferrarini, the head of Costa Crociere's "crisis unit" who is accused of delaying the evacuation of the cruise ships.

The island of Giglio, which is the site of the stricken vessel, has requested permission to sue Captain Schettino, alleging that the island's image as a beautiful tourist spot has been irreparably damaged by the disaster. The island's lawyers are seeking damages of 80 million euros.

The Costa Concordia remains in the water at the entrance to the island's harbor.  Image courtesy of Giglio News.

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Newspapers in Europe are reporting on the contents of the legal submissions made by the Italian prosecutors who have been collecting evidence regarding the Costa Concordia disaster.

Sky News has an interesting video which you can watch here. 

You can hear about 5 year old Dayana Arlotti who drown along with her father after they were denied seats on a lifeboat and then directed to the other side of the cruise ship.

Crew member Giuseppe Girolamo drowned after he gave up his place on a lifeboat for another person who survived the ordeal.

Prosecutors are seeking criminal trials against Captain Schettino (for manslaughter and abandoning ship) as well as other Costa employees. 

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