A California choose dismissed an ongoing sexual assault case filed in opposition to Mötley Crüe drummer Tommy Lee yesterday, however has additionally given the aggrieved girl 20 days to amend and resubmit her grievance.
In accordance with Rolling Stone, Los Angeles County Superior Courtroom Decide Holly J. Fujie dominated that the girl recognized solely as Jane Doe “failed to claim info” that there was a coverup of the alleged assault. That standards was required to ensure that the case to proceed underneath the purview of the Sexual Abuse and Cowl Up Accountability Act, which requires that plaintiffs show {that a} “authorized entity” labored to cover proof of an alleged sexual assault.
That call sided with Lee’s lawyer, who made the assertion that if Lee was well-known for that habits, then “you may’t have a cover-up when the plaintiff alleges that this alleged ‘salacious’ conduct was identified to everyone.”
To ensure that the case to proceed, the girl should present extra proof that there was an try to hide what allegedly occurred to her.
In accordance with the unnamed girl’s allegations, the incident occurred when she agreed to go on a “sightseeing journey” with pilot David Martz, who she was buddy with on the time, again in February 2003. She was then shocked when the pilot additionally picked up Lee. The grievance claims that each Martz and Lee “consumed a number of alcoholic drinks, smoked marijuana, and snorted cocaine” earlier than the Mötley Crüe drummer started “forcibly groping, kissing, penetrating her along with his fingers, and making an attempt to power her to carry out oral copulation.” Martz, the girl alleges, “merely watched” because the alleged assault happened.
The incident was described within the unique lawsuit as follows:
“At one level, Lee penetrated plaintiff along with his fingers whereas fondling her breasts. Lee then pulled down his pants and tried to power plaintiff’s head towards his genitals. By this level, plaintiff was in tears, however she had nowhere to go—She was trapped with little mobility to go away the cockpit.”
The go well with goes on to say that after dropping Lee again off in Van Nuys, Martz then took Doe again to San Diego County with out saying something in the course of the journey. Doe claims that she and Martz spoke briefly in 2009 in regards to the incident.
Although the girl claims she was lured onto the journey “underneath false pretenses” by each males, the one one who could be held accountable for the alleged incident is Lee, since and Martz died in a aircraft accident in August 2015.
Rolling Stone claims that Martz had a famous historical past of flying underneath the affect and was detained on suspicion of DUI in 2009. He misplaced his pilot’s license 3 times all through his profession and was additionally accused of falsifying his FAA medical certificates in relation to 2013 and 2014 driving convictions.
Doe is suing for sexual assault, gender violence, intentional infliction of emotional misery, and negligence. The lawsuit names Mayhem Touring, Tommy Lee Inc., A Pure Excessive Helicopters, and Social Helicopters as defendants, since Doe’s attorneys imagine Lee was on the clock when the incident occurred. A Pure Excessive Helicopters was ultimately dropped as a defendant by Doe.
So we’ll see what occurs subsequent. Doe’s obtained 20 days to resubmit proof of any form of coverup. In the meantime, Lee and his bandmates are on the market selling a brand new single and hyping up a brand new album.