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Massachusetts v. Woodward

In U.K., Woodward may be safe from Eappen civil suit

June 19 (Court TV) -- Louise Woodward may have left behind a harrowing legal ordeal as she winged her way back to England, courtesy of a reduced price first-class passage from British Airways.

But the U.S. legal system isn't done with Woodward yet. The parents of the baby boy who died in her care won a temporary victory earlier this week when a federal judge in Boston restrained Woodward from receiving any profits she might earn by telling her story. They hope to use their outstanding civil suit against the British former au pair to claim at least $75,000 in damages for wrongful death and suffering.

But even if they win, can they collect when Woodward is back in England?

Full text of Eappen's wrongful-death suit | Sunil Eappen's affidavit | Motion for preliminary injunction against Woodward | Report on Tuesday's decision in Woodward case | Discuss the case

Such international legal quandaries offer few clear answers, and her case is no different.

A judgment in favor of the Eappens "doesn't have a damn effect" if Woodward is back home, says international media lawyer Mark Stephens of Stephens Innocent in London.

"I think that she has no alternative no but to sell the story," Stephens says. "She only has one asset in the world now, which is her story."

In fact, he adds, the Eappens' attempt to block her from profiting on her story may pressure her into putting her tale on the market.

"They are doing through their actions exactly what they didn't want her to do," he says.

But some judgments are apparently enforced internationally, and it is possible Woodward's assets could be pursued if the Eappens win their case, especially if she actively fights the charges and a judgment is still handed down in favor of the Eappens.

"They would then have to register that judgment in England," says attorney Michael J. Griffith of the International Legal Defense Counsel. "Then the English lawyers could attempt to attach whatever property Woodward had."

Moreover, even if Woodward is able to keep money from a book or movie deal she signs in England, the profits from any U.S. distribution would likely be fair game for the Eappens.

"It would be quite easy for the Eappens to attach any property or any monies in the States," says Griffith, who represented Billy Hayes, the American imprisoned in Turkey who later wrote "Midnight Express."

But loopholes exist for Woodward, especially if she chooses to sell her tale to a British newspaper. The Press Complaints Commission, which sets operating standards for U.K. newspapers, bars papers from paying convicted criminals for their stories.

However, according to Stephens, British papers often arrange payment to a third person, who sets up the deal and may find unofficial -- and possibly untraceable -- ways to get the money back to the convicted storyteller. It likely wouldn't be friends or family, who can arguably fit under the code

"Woodward can say, 'I never got any money,'" says Stephens of this possible scenario. "You never see a name with Woodward's check on it, ever."

Louise Woodward addresses the press after returning to England.
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"That's how it'll be done, if it's done," he says.

(The actual PCC regulation states: "Payment or offers of payment for stories, pictures or information, must not be made directly or through agents to convicted or confessed criminals or to their associates -- who may include family, friends and colleagues -- except where the material concerned ought to be published in the public interest and payment is necessary for this to be done.")

And while a win for the Eappens might present them with legal avenues to pursue, the order earlier this week by U.S. District Judge William Young temporarily barring Woodward from access to any profits would be almost impossible to enforce in Britain.

As for Woodward, she has stated -- at least publicly -- that she hasn't made a deal yet.

"I have not sold my story," she told an assembled throng of reporters upon her arrival at Manchester airport Thursday. "I am going to be doing an interview for the BBC for which I will receive no payment."

The BBC plans to have Martin Bashir, whose interview with Princess Diana revealed the depths of her troubled marriage to Prince Charles, interview Woodward.

Woodward's parents, Susan and Gary, were also reportedly paid $60,000 by the Daily Mail of London just after the murder verdict against Woodward last November that was ultimately reduced to manslaughter, according to the Boston Herald.

The Eappens' lawyer, Fredric Ellis, said he would try to capture the money supposedly paid to the Woodwards. The second trial against Woodward is scheduled for October.

Woodward's flight from this country may have temporarily thrown a legal wrench into the Eappens' attempt to make her pay for her actions. (The Eappens claim in their suit they want the money to recoup medical and funeral expenses for their son Matthew and have said they will give other damages to charity.)

But with enough effort, they may be able to block Woodward from any overseas profit.

"Nowadays the world is getting smaller," says Griffith. "You can run, but you kind of can't hide anymore."

--Jon Bonné

Read the Appeal Petition | Read the report on Judge Zobel's decision | Read updates from Oct. 7 - 10 | Read updates from Oct. 14 -17 | Read updates from Oct. 20 -23 | Read updates from Oct. 27 -31 | Read updates from Nov. 4 - 5 | Read the Background of this case
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Louise Woodward responds to press questions.
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