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January 18, 2008 5:38 PM PST

Judge: Mobile phones in tiger attack may be inspected

by Declan McCullagh
Tiger

File photo: This is a tiger. Do not taunt.

(Credit: Declan McCullagh/mccullagh.org)

A California judge has said the San Francisco Zoo may inspect the mobile phones of two brothers involved in a deadly tiger attack on Christmas Day.

Superior Court Judge Socrates Peter Manoukian in Santa Clara County ruled late Friday that the city and the zoo can review the devices for photographs that might provide clues about what happened that day, and for logs of conversations near the time of the 911 call.

He wrote: "Under the maxim that a picture is worth a thousand words the Court believes that the allegation of existence or nonexistence of any photographs is specific enough to justify an attempt to perpetuate them."

The defendants in the civil lawsuit are brothers Kulbir Dhaliwal and Amritpal Dhaliwal. They were mauled during the tiger attack and their friend, Carlos Sousa Jr., was killed. The tiger pen's wall was only 12.5 feet high, 4 feet below generally accepted safety standards. The Siberian tiger, Tatiana, was shot dead by police that day.

Manoukian said, however, that the city and the zoo could not inspect the contents of the car. (There have been reports that a bottle of alcohol was present.) Their attorney has called these efforts a fishing expedition.

It's unclear what the real impact of this ruling will be--that's because the San Francisco Police Department has obtained a search warrant allowing them to examine the car and mobile phones in conjunction with a separate criminal investigation.

Declan McCullagh, CNET News' chief political correspondent, chronicles the intersection of politics and technology. He has covered politics, technology, and Washington, D.C., for more than a decade, which has turned him into an iconoclast and a skeptic of anyone who says, "We oughta have a new federal law against this." E-mail Declan.
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Wrongful Death For Tiger
by classylady#1 January 18, 2008 7:36 PM PST
So here it is, another typical story of humans taking animals meant to live in the wild, and putting them behind bars basically and then kill them if they don't behave. Sure they kill and have killed, but isn't that their basic instinct?? Then throw a couple of zoo keepers acting like circus clowns taunting the animal, what else would one expect for the animal to do? Even an aggressive human wouldn't lay down and take a bunch of jibberish from another human being!!! And then they automatically kill an innocent animal because of the stupidity of humans. Where are the rights of the Tiger here? For that matter any animal that a human takes from it's natural habitat is doomed for death in such situations.
I feel the zoo workers should be up on murder charges for the wrongful death of the innocent tiger!!! They knew they did wrong!!! It's too bad animals can't talk back!!! Shame on them and everyone else who mistreats animals, what goes around, eventually comes back!!!
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Who Are the Animals Here?
by elleneyegreen January 18, 2008 8:24 PM PST
I totally agree. While the tiger is an endangered species, cruel, immensely stupid humans are in an aggravating abundance. Firstly, those ignorants who, inebriated, taunted the animal, behind bars, in a brilliant demonstration of their cowardliness and stupidity. Secondly, by the police who shot the magnificent and very endangered beast. What ever happened to the tranquilizer gun? It is inexusable such gun was not used. Of course not, drunk, degenerate cowards must be protected! I, for one, am pleased that for once, those responsible at least reaped what they sowed. Tiger should've got all of them, grrr! Who are the animals here?
View reply
Zoo Keepers or Zoo Visitors
by SFCrittter January 19, 2008 5:50 AM PST
Hey classylady#1,

Do you not mean the three Zoo Visitors who were "acting like Circus Clowns" and taunting and throwing objects (allegedly) at Tatiana the tiger rather than the Zoo Keepers? Why should the Zoo Keepers go up on wrongful death charges when they did not shoot the tiger?

I truly feel it as a tragedy that Carlos Sousa, jr. lost his life and I do grieve for his parents and I do not condone Tatiana being shot. It is for the Police Officers to answer why they chose shoot Tatiana rather than let the Zoo Keepers tranquilize her. The real criminals however are the visitors who do not know how to respect the life of others, not the Zoo Keepers.

Yes, Tatiana had mauled a zookeeper's arm, but the Keeper, Lori Komejan admitted that she, not the tiger was in the wrong. The blame behind the loss of Carlos Sousa, jr., life can only be answered by Paul and Kulbir Dhaliwal.

The Dhaliwal brothers refusal to allow the police to search their cell phones' Text messages and pictures coupled with Paul Dhaliwal changing of his story to Carlos Sousa, jr. mother from "we were simply smiling and laughing when we were attacked" to "we did wave our hands and yell at it" after Paul Dhaliwal's foot print was discovered on the railing proves that they were more than innocent by standers.

If found guilty of provoking the attack that left their fried dead and his family without a son, in honour of Tatiana and Carlos Sousa, jr., family and friends, I hope the Dhaliwal brothers are sentenced to work at the SPCA or an endangered animal rescue facility so that they may learn how precious lives other their own and their own species are.
tiger
by JAMES L. HUNT January 19, 2008 6:23 AM PST
i still dont think that the tiger should have been
killed. there is no doubt in my mind that the boys were being mean to the tiger.
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"Lions, and Tigers, and Idiots, Oh My!"
by Bryce Mirtle January 19, 2008 10:50 AM PST
I agree with the previous posters, how dare you take a wild animal
and confine it, then expect it to act like a house cat for the
remainder of it's life. I'm sure the tiger was provoked, but killing it
seems extreme, there's no reason for not using tranquilizers to
subdue the animal. Another beautiful animal is dead due to poor
judgement!!
Reply to this comment
Believe this needed to be added...
by furball123A January 20, 2008 6:31 PM PST
It looks like these drunken & high idiots were provoking a wild animal...then got their reward for their behavior. Wasn't the tiger who needed to be killed...but letting the tiger finish the job it started. I pity any offspring these two have by having these humans as parents.

Sounds like the kid killed needs to be put into the Darwin Awards for all to see that you don't provoke a wild animal.
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Drinking and Tigers do not mix...
by likes2comment January 21, 2008 10:26 AM PST
I got drunk with a Tiger and it just killed me. Opps.
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Too bad they Killed the Tiger
by vmlenigma January 21, 2008 1:22 PM PST
they shouldn't have killed the Tiger, they should of left the three idiots be mauled and torn to pieces. I dont feel sorry for the guy that died, he was stoned and drunk and well he got what he deserved, Im sure his parents dont want to hear that but their precious angel was teasing the tiger and well we know what happened....Its Sad about the Tiger... there aren't a lot of them left but we have a humongous population of idiots.
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If you read the comment above..
by The-Driver January 21, 2008 3:16 PM PST
There is quite a logical explanation on why the tiger was killed and tigers themselves arent the most endangered species in the world and it's unknown if they were under the influence of anything.
Granted its sad if an animal has to die any way but the proper thing the cops should've done os shoot the tiger. Let the law decide the peoples fate not an enraged tiger with some sort of vendetta.
by Lauren74 May 16, 2008 1:10 PM PDT
So completely agree! That his family could even consider a lawsuit is ludicrous. They are the ones that should be sued for the murder of the animal that lost its life because of their moronic drunk imbecile.
Why they had to kill the tiger.
by ralfthedog January 21, 2008 2:45 PM PST
The tiger charged the police when they first showed up at the scene. They did not know at the time if it was a hoax. Even if they had trank guns, they would not have had time to wait the five or ten minutes for the drugs to take effect.

If the victim was taunting the animal and his friends were participating, they should be charged with manslaughter or second degree murder (For the death of there friend). The police were in no way at fault.
Reply to this comment
The lesson here is never tick off something that can eat you.
by efrancin January 22, 2008 11:34 AM PST
The only interest this attorney has in the case is that its a no-brainer that will drag on and on; he'll get millions in fees. The only victim here was the tiger. The zoo is at fault because regardless, a tiger shouldn't get out; however, the zoo will file a lawsuit against the agency that certifies the zoo as they supposedly inspected and approved the zoo (after the 1st tiger attack). The reason why its important to understand the boys (or men) has to do with civil damages. If they can prove that there was contributory negligence (i.e., unreasonable behavior on the part of the victim that set the situation in motion), that will certainly mitigate the amount paid out on that side of things. I think its to demonstrate that these guys were not innocent by-standers and that when you do stupid things, stupid stuff happens and usually to someone else. These guys are nothing but cowards - taunted a caged animal (who got the best of them) and then, refusing to give any information to the paramedics that might help becuase they were concerned about their previous criminal background coming out and the fact that if they were smoking pot and drinking, probably a violation of their bail condition.
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