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October 7, 1998

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Civil suit against au pair Woodward opens to poor media interest

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Arthur J Pais in New York

There was hardly any line to get into the courtroom; there were just a handful of reporters. And there was no Louise Woodward, the bestknown au pair in recent history.

While Woodward is back in her home country, England, trying to lead a normal life, her legal troubles are continuing, as the civil case against her by Sunil and Deborah Eappen started on Monday.

The Eappens are parents of 8-month-old Matthew, who are suing Woodward for the wrongful death of their baby. They want to make sure that any money Woodward would make by writing a book or selling her story to television or movie studios should go to them (the Eappens). They also say they are not after her money; instead, they would like to use it for a foundation they have set up in Chicago to encourage studies about domestic violence, particularly against children. They have reportedly donated about $ 25,000 and are soliciting donations from the public. The foundation is named after Matthew.

Woodward returned to England in June after the state's highest court upheld a lower court's manslaughter conviction and sentence of the 279 days she'd served since her February 1997 arrest. There were many, particularly in the Indian community, who felt that 279 days in jail was too little a punishment for Woodward.

One of the key differences in the civil suit is that unlike the criminal suit, it requires far less proof about a person's guilt. Thus O J Simpson, who was not found guilty in a criminal case, was found liable for the death of his estranged wife and her friend, a waiter, and was ordered to pay millions of dollars in fines.

In court on Monday, US district judge William G Young gave the Eappens' lawyer until November 2 to submit in writing what he thinks Woodward should pay in damages. At the defence table there was no one to represent Woodward.

"There really is no more sad or poignant act imposed on the court than to assess the compensatory damages for the loss of a life... especially the life of a young child,'' Young said.

Peter Quinn, Woodward's attorney in England, told reporters that the former au pair does not have enough money to defend herself in the civil case. "It's not an admission of guilt,'' he said. "She maintains her innocence.''

Young told attorney Frederic Ellis that he does not have to make arguments for Woodward's culpability because that had already been determined in her criminal trial, the Associated Press reported.

Last year, Young had issued an injunction requiring Woodward or anyone acting on her behalf to inform the court if they enter into an agreement to sell her story. Lawyers, however, doubt that order would be applicable in England -- or Woodward could ever be forced to pay the Eappens anything.

Friends of the Eappens say privately that they are trying to set up a moral climate against Woodward. But they also hope that she won't go around making money at the expense of their child.

"Our aim in this case is to ensure that Louise Woodward is not driving around in a Rolls Royce in three years,'' Ellis said.

Woodward has said many times that she has no plans to sell her story. Her supporters have said her legal defence trust fund, which once reached about $ 500,000, dwindled to around $ 60,000 after paying for her appeal. Many say that stories to the effect that Woodward's mother has been blowing up money from the fund has upset the family's supporters.

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