Al publicar la noticia del proyecto de la ley, El Miami Herald entrevistó a nuestro abogado marítimo, Charles R. Lipcon, por su experta opinión jurídica sobre la declaración de derechos y los problemas de seguridad que pretende corregir.

La declaración sigue intentos del senador Charles Schumer (D-NY) para impulsar un plan de seguridad integral a través de todas las líneas de crucero para “garantizar las condiciones sanitarias, respaldo de energía y personal médico en casos de emergencia.” El senador se le ocurrió la idea tras un fuego a bordo del barco Triunfo, de la empresa Carnival, en febrero, en cual se fue la corriente, dejando a más de 4.000 viajeros varados en el Golfo de México entre algunas de las condiciones más deplorables jamás sufridas en un crucero.

Los pasajeros tuvieron que defecar en bolsas plásticas después que los inodoros dejaron de funcionar, fueron sometidos a innumerables enfermedades peligrosas después que las aguas residuales y residuos comenzaron a desbordarse,  y apenas fueron alimentados porque las autoridades del crucero no lograron proporcionar provisiones suficientes para todos a bordo.

Como si eso no fuera suficiente, varias otras naves en la flota de Carnival también sufrieron fallos mecánicos en las semanas siguientes al fuego a borde del Triunfo y líneas concurrentes también fueron criticadas por su falta de seguridad, la cual contribuyó a docenas de otros accidentes marítimos y crímenes entre pasajeros.

Con empuje de Schumer y el apoyo de víctimas de accidentes en cruceros, CLIA lanzo la declaración con nuevas regulaciones protegiendo la seguridad de pasajeros el miércoles.

Todas las 26 líneas de cruceros en Norteamérica que son miembros de CLIA ya han adoptado la declaración, y los miembros fuera del país se han propuesto a hacer lo mismo.  El proyecto de la ley de derechos se puede encontrar en el contrato de pasajeros y si hay alguna violación de cuestos derechos, puede hacerse una reclamación. Las nuevas regulaciones también serán capaces de sostener las líneas de crucero responsables si  violan procedimientos de seguridad y ayudaran a las víctimas que han sufrido a consecuencia de accidentes marítimos.

Entre las disposiciones del proyecto de la ley, los pasajeros tendrán el derecho a desembarcar del barco atracado si las condiciones básicas a bordo no son las adecuadas así como el derecho a un reembolso completo si se cancela un viaje debido a problemas mecánicos o un reembolso parcial si se corta el itinerario. La declaración también garantiza entrenamiento del tripulante sobre procedimientos de evacuación y opciones para proporcionar energía en caso que los generadores del barco fallen – lo que sucedió a bordo del Triunfo.

En la entrevista con El Miami Herald, el señor Lipcon ofreció  su asesoramiento jurídico sobre la probabilidad del éxito del proyecto de ley y si las líneas de cruceros se atengan a las regulaciones.

“Sin duda, las líneas de cruceros han recientemente fallado, me parece, en una manera muy, muy grande,” explico el señor Lipcon, refiriéndose al número creciente de accidentes marítimos. “Y si siguen las nuevas regulaciones, creo que será un paso en dirección positive para la industria de cruceros y la seguridad a borde de naves.”

Sin embargo, el señor Lipcon señaló que mientras que el proyecto de ley de derechos de los pasajeros es recomendable, no proporciona seguridad completa porque no les ofrece protección a los tripulantes.

“El elemento ausente aquí, la cosa realmente importante de cual no estamos discutiendo, es una declaración de derechos para los tripulantes,” explicó el abogado Lipcon.

Nuestro bufete de abogados marítimos representa a todas las víctimas de accidentes marítimos, incluyendo accidentes involucrando miembros de la tripulación, cuyo derecho a un ambiente de trabajo seguro y justo a menudo se ve comprometido por líneas de cruceros que amplían las horas de trabajo y al mismo tiempo reducen los sueldos de los tripulantes. Todo esto es posible por cláusulas de arbitraje extranjero en los contratos de los tripulantes, que les niegan la posibilidad de tener sus casos juzgados en tribunales de los Estados Unidos, donde sus derechos estarían mejor protegidos.

Ojala que CLIA y la industria de cruceros consideren el consejo de nuestro bufete de abogados marítimos e incluyen una declaración de derechos para miembros de la tripulación en sus contratos. Mientras tanto, al menos los pasajeros tendrán la oportunidad de obtener justicia contra los actos de negligencia de las líneas de cruceros.

La declaración de derechos de pasajeros se incluirá en la Página Web de cada línea de cruceros.

But following a recent revelation that Disney Cruise Line  allowed a crew member child molester to get away with his heinous deed, even though the crime took place while the vessel in question, the Disney Dream, was docked at Port Canaveral, police officials in Brevard County have put their foot down.

Brevard State Attorney Phil Archer is sick and tired of cruise ships getting away with crimes, and said he is willing to exercise the State of Florida’s jurisdiction to crimes that occur on ships when they are in waters beyond Florida’s three-mile limit.

The move stems from the cruise ship sexual assault of an 11-year-old girl on the Disney Dream on Aug. 5, 2012. Despite the little girl informing her family and ship authorities of exactly what happened, despite the fact that an investigation was initiated while the ship was in port, and despite the fact that the entire crime was caught on camera, Disney authorities failed to inform the FBI and local officials until 16 hours had passed. By this time, the vessel was well out of Florida jurisdiction, and sure enough, Disney turned over all responsibility of the matter to Bahamian authorities, where the ship is registered.

This is very unbecoming of Disney, which, of all cruise lines, has maintained the best reputation as a family-friendly company that is less prone to accidents and crime. Yet, this incident just goes to show that crime can occur on any vessel at any time.

Had Disney officials done what they were supposed to do and informed officials of the matter promptly, Orlando police would have had plenty of time to board the vessel, conduct an investigation and have the suspect arrested.

The video of the despicable cruise ship molestation of the minor passenger has sent shock waves through the maritime community, leaving many to wonder how a crime that was caught on camera could not have been properly prosecuted.

After watching the video of the suspect, a 33-year-old dining room server, molest the little girl in one of the ship’s elevators, State Attorney Archer said he was “sickened.”

“That man should have been walked off in handcuffs and been sitting in jail in Brevard County,” he said.

Instead, the suspect, who even admitted to molesting the girl, was then sent home on a Disney-paid flight to India after the victim’s grandmother decided she did not want to prosecute.

It is unknown why the girl’s grandmother decided not to follow through with the case, but according to Archer, the decision to prosecute a crime of such magnitude in Florida rests with a prosecutor, not a family member.

“We have to look out for the larger interests that are at stake. Are we going to allow someone like that to do that to another family?” Archer asked.

Despite the grandmother wanting to dismiss charges, under Florida law, sexual assault on a child under 12 years of age is a felony crime, punishable by 25 years to life in prison. The suspect should have been arrested and prosecuted before he has the chance to hurt another child, as most sexual offenders tend to commit repeated crimes.

“This is a serious case. This is a case that should have been brought to us at some point,” continued Archer.

Meanwhile, Disney Cruise Line said it “took proper action,” despite the fact the company changed its story several times, at first claiming it knew nothing of the incident, then saying it did but it was too late, along with a jumble of other false statements.

Archer, relying on a Florida Supreme Court ruling, said he is willing to file charges for crimes occurring anywhere on the sea, as long as the ships sail from Brevard and federal authorities decline to investigate or prosecute.

“We’re just setting those protocols up right now and I think the next case that comes down the pike will be one that we can look at,” said Archer.

This could be a huge step forward in holding both criminals and cruise lines accountable for incidents that occur onboard a vessel while in a Florida port.

In 2000, the Florida Supreme Court ruled Florida can prosecute crimes occurring beyond the state’s three-mile limit, as long as federal authorities decline. And while this ruling has hardly been put to use, it’s may be about to get a lot of action now that Brevard authorities are pushing for justice.

Our cruise ship crime lawyers know all too well that too many suspects and cruise companies get away with incidents they should have been prosecuted for. Hopefully this move will serve as a deterrent to cruise lines and finally make them see that they should accept accountability for the crimes that occur under their watch.

The grounding of the Costa Concordia on January 13, 2012 is just one of those cruise ship accidents that will never be forgotten. Partly because the accident was 100 percent preventable and was the direct result of the captain’s last minute decision to alter the ship’s course.

The former captain, Francesco Schettino, decided he wanted to show off and made the call to bring the Concordia closer to shore but the move caused the vessel to crash into a giant rock in Giglio, Italy and partially sink, leading to the deaths of the 32 individuals and countless other injuries.

But that’s not even the worst of it. Survivors recount nightmarish tales of how many of the Concordia crew had no clue how to execute a ship evacuation and were basically just running around, speaking different languages ( their native languages most likely) without being able to effectively communicate in the languages the passengers spoke. And while all this was happening, Schettino took off, abandoned his ship and found safety ashore, leaving passengers and crew members behind to fend for themselves.

There have been times before in which cruise lines employee’s who  have contributed to accidents and injuries have been able to get away with their transgressions because of loopholes in the cruise passenger ticket contract, the law, due to the fact that most ships are registered in foreign countries, or because of other instances of crime cover-up by the cruise industry. However, this time around, it appears is not going to be the case.

Schettino has been charged with manslaughter and abandoning ship, and along with eight other crew members, has been going back and forth in court but finally, the survivors, families and supporters of the Costa Concordia accident may be able to obtain justice.

The former captain has been scheduled to go to trial on July 9 for manslaughter and will face his fate for his role in the tragic cruise ship accident. The trial will be held in Grosseto, which is the city closes to the site of the accident.

However, the news is bittersweet, as the other suspects in the investigation have requested plea bargains, and they are expected to be approved. If granted, sentences may involve a range between a year and six months and two years and 10 months in prison.

Even more disheartening was the fact that last month, another suspect in the case, the owner of Costa Cruises, Costa Crociere, accepted limited responsibility as the employer of all the suspects and was ordered it to pay a fine of 1.0 million euros ($1.3 million)in a decision that was hugely contested by both cruise accident survivors and families, but by maritime organizations and advocates around the world.

Costa Cruises can still be sued in civil courts, but it just goes to show that battling a cruise line for justice for an accident THEY were responsible for is certainly an uphill battle.

As it stands, the Concordia still remains lodged in her watery grave off the coast of Giglio, serving as a reminder of what happens when cruise lines do not follow proper protocols for navigating ships, training crew members effectively, and thereby put the lives of innocent people in danger.

According to the latest news reports, a Disney Cruise Line crewmember was seen molesting the young victim in an elevator onboard the Disney Dream on a ship surveillance video. The incident took place onboard a liner that is well-known for its attention to passengers and low incidence of maritime accidents and crimes. This indicates  that these days, just about any kind of crime is likely to occur on any cruise ship.

Disney Cruise Line has long claimed that it reports criminal incidents as soon as they become known, a practice that must be adhered to by all cruise lines. It has been reported, however, that the company did not do so in this instance.

An Orlando Local 6 investigation reveals the incident was not reported to the FBI until the next day, long after the Dream had sailed out of the Port Canaveral right here in Florida, allowing the 33-year-old sexual assault suspect to evade responsibility for his actions.

Last week, when the video first surfaced, Disney Cruise Line claimed it did report the crime while the ship was still in port on Aug. 5. However, Orlando Local 6 investigation reported that this simply wasn’t true and that after being questioned by Port Canaveral police, Disney changed its story. The second time around, Disney officials claimed crew members were not made aware of the young girl’s sexual assault until the following day. All they claim to have known was that on Aug. 5, the child in question felt “uncomfortable.” However, based on the surveillance footage, it appears that this statement was untrue. . It has been reported that an “inappropriate sexual act” occurred on Sunday, Aug. 5.

The young victim told security officers on the ship that one of the crew members, a dining room server, had repeatedly grabbed her breast through her clothes and forcibly kissed her on the mouth while cornering her in a ship elevator. She reported the incident right away and explained through tears what had transpired. The little girl demonstrated to security officers exactly how the perpetrator had groped her and how he kissed her on the mouth.

Under Florida law, sexual assault on a child under 12 years of age is a felony crime, punishable by 25 years to life in prison. Because the incident took place within 1,000 feet of the Port Canaveral shoreline, while the Dream was even tied to dock, the port had at least partial jurisdiction to investigate and prosecute the offender. However, Disney’s failure  to report the crime immediately, as they are required under Federal law, made it difficult for the Port Canaveral police to investigate the matter and obtain justice for the young victim.

Had Disney officials done what they were supposed to do and follow proper protocol for reporting a cruise ship sexual assault – of a minor no less – there is a high likelihood that Port Canaveral police would have been able to quickly board the ship, investigate the matter and, if warranted, arrest the suspect.

It has been reported that footage of the ship on Aug. 5 also reveals that the 11-year-old girl and her grandmother emerged from the same elevator shortly after 3 p.m. that same day and only eight minutes after the molestation occurred. The passengers were on their way toward the ship’s guest services counter, where they reported the incident. Security officers were then contacted and the vessel initiated the investigation at 3:22 p.m., followed by the child explaining the incident to a cruise security officer. This all occurred around two hours before the Dream was scheduled to leave port – more than enough time for officials to perform an investigation and at least detain the suspect.

After telling the security officer the story of the maritime sexual attack, the footage of the elevator lobby right where the attack took place was reviewed and the crime was confirmed. But the onboard investigation didn’t stop there. At 4:48 p.m., the video of the incident was shown to a dining manager, who identified the suspect, as Milton Braganza, a server from India. Then, at 5:02 p.m., the Disney Dream took off to resume its normal itinerary as if nothing had happened.

The sexual assault suspect was left to roam around the ship as he pleased, until 7:50 p.m., when he was called to the security office and while questioned regarding the incident, denied molesting the little girl. Disney reports claim that at this point, the crew member was “removed from the floor.” But after another unsuccessful attempt to get him to confess to the crime on Aug. 6, the ship arrived in Nassau the following day and the matter was turned over to Bahamian authorities, who assumed jurisdiction of the investigation because the Disney Dream is flies a Bahamian flag.

While being investigated by police in the Bahamas, Braganza, finally admitted he touched the victim on her right breast with his left hand.

Sadly, this is just another case of what happens when cruise lines fly “flags of convenience” from foreign countries where they register their ship and are able to avoid taking responsibility for crimes that transpire onboard vessels or while in port, when passengers are still under the cruise line’s care.

While crimes and accidents onboard cruise ships are extremely frequent, this type incident is repugnant and deplorable in light of the victim’s age. Now more than ever, cruise passengers are advised to exercise extreme caution while traveling onboard a vessel and to document any incident, no matter how minor, the instant it occurs so evidence is captured and a legal claim can be sought with a cruise ship sexual assault attorney.

The accident occurred four months ago on Lake Sunapee Harbor in New Hampshire. The vessel in question, a dinner ship called the MV Kearsarge, was discovered partially submerged at the Sunapee Town Dock after what authorities determined to be a miniscule tear on the vessel.

According to investigators, the Kearsarge sank while birthed at the dock because of an “eraser sized hole” in the coupling from a sea valve to the port engine that caused the vessel to take on water. If a ship can sink because of an itty-bitty hole no bigger than an eraser, who knows what a hole the size of a pencil will do?!

That, of course is just a joke, but given the absurd number of cruise line accidents that have taken place already this year, companies are coming up with all sorts of farfetched stories to keep the blame for incidents away from  them and onto anyone or anything else.

Because cruise lines, no matter how small, have a duty under maritime law to provide for a safe environment for all aboard a vessel, companies may be held liable for any injuries or deaths when an accident does transpire. And given the way many cruise line companies refuse to upgrade maritime safety technology to reduce the number of accidents that can occur while out in open waters, if it wasn’t for the fact that most cruise ships register their vessels in foreign ports, where laws are not as strict as here in the U.S., they would be facing severe penalties and lawsuits for their negligence.

Much like the way the Carnival Triumph ignored prior mechanical malfunctions and set sail on its Feb. 7 ill-fated voyage that led over 4,000 people to suffer some of the most horrendous conditions ever reported on a cruise ship after the vessel caught fire, the Kearsarge is surprisingly ready to get back on the high seas, despite the fact that the incident took place just last January.

According to the Fenton family, which operates the Kearsarge as well as its sister ship, the MV Mt. Sunapee II, the dinner cruise ship has been re-floated and completely renovated. It is now set to take a “grand inaugural sunset cruise” on Lake Sunapee on Monday, May 27.

Will another maritime accident occur? Only time will tell if the Kearsarge leave it’s unfavorable past behind and venture toward safer travels nighttime roast beef dinner. The ship has been in service since 1980 and is not likely to call it quits just yet.

Luckily, no one was onboard the vessel when it sank at the beginning of the year, otherwise, passengers and crew members might be entitled to compensation for the incident. Ship authorities never did explain what created the “eraser size” hole in the vessel, but given our extensive experience representing the interests of maritime victims across the world, it is likely to have been the result of negligence on the cruise line’s part – which is what accounts for the majority of cruise ship accidents.

It’s hard to believe that a hole of such miniscule size could have led the vessel to take on so much water that it partially sank. Perhaps there was something more to the story that the ship’s owners  have not told the public, such as prior vessel damage or other malfunctioning machinery on the ship.

Because cruise lines are notorious for bending the truth about maritime accidents so they don’t get stuck with the full brunt and negative press of a passenger’s injury or death, many lines are more likely to fabricate elaborate stories to conceal what really happens on the high seas and even in port when maritime authorities aren’t looking.

The Coast Guard came to the rescue of a cruise ship passenger who was in dire need of medical assistance. CG responders medevaced a 50-year-old passenger from the Carnival Splendor on Saturday while the ship was roughly 150 miles east of Cape Lookout, N.C.

A medical representative aboard the Splendor contacted Coast Guard watchstanders at around 8 p.m. reporting a male passenger had suffered a heart attack and was in need of superior medical attention. Once the Coast Guard was informed, a team from Coast Guard Air Station Elizabeth City, N.C., dispatched a rescue crew aboard an MH-60 Jayhawk helicopter and an HC-130 Hercules aircraft to assist the passenger in need.

“The Hercules is launched as a safety asset to provide cover for the Jayhawk crew when they’re conducting search and rescue cases far from shore,” said Lt. Zach Huff, the operations duty officer and a Hercules pilot. “The Hercules crew uses their weather radar and relays that information to the helicopter for safe navigation. They’re also able to locate the ship, conduct a safety brief with the ship’s crew prior to the helicopter’s arrival and vector in the Jayhawk.”

Coast Guard Sector North Carolina watchstanders guided the Hercules crew to the Splendor, who then established communications with the ship’s crew. Once the Jayhawk team arrived, CG crews hoisted the sick passenger and a nurse into the helicopter and transported them to the air station. There, a standby crew took over and flew the man and nurse to Sentara Norfolk General Hospital.

Although the identity of the cruise ship passenger has not been revealed, he is said to be in stable condition.

One of the CG officers aboard the Jayhawk commented on the rescue mission and was glad he was able to help the passenger in need.

“I got to help someone today,” said Petty Officer 3rd Class Steve Scheren, rescue swimmer aboard the Jayhawk. “This is why I joined the service. You spend so long training, hearing instructors yell ‘so others may live,’ it’s nice to really feel that you’re living your creed.”

Many cruise passengers owe their lives to the swift action of Coast Guard rescue teams. Although most cruise ships have medical quarters onboard, none are expansive enough to be equipped with the tools that are needed to treat passengers who suffer more than just minimal cuts and scrapes.

When a passenger is reported to be in critical condition or who needs more extensive medical services, a ship’s crew must act quickly to procure assistance for the patient. The first step is to notify the Coast Guard, who will then, as seen with this case, arrive at the scene of the emergency and evacuate the passenger, transporting them to the nearest hospital so they can obtain the medical care they need.

If a cruise ship staff fails to obtain help for a sick or injured passenger as quickly as is possible and the passenger suffers further complications as a result, then the victim may be able to file a case against the line for negligence and recover damages for their pain and suffering.

Unfortunately, there are many times in which cruise lines fail to follow proper protocol to help passengers in need or even contribute to the illness or injury. Because cruise lines must maintain a safe environment onboard all the vessels in their fleet and must follow specific guidelines to obtain medical help in the event of an emergency, any time a ship’s crew diverts from their prescribed course of action and cause greater harm to the patient, they may be found at least partially responsible for any further medical complications and victims would be wise to consult with a cruise passenger attorney for help in filing a claim.

At around 6:30 p.m. local time, Stornoway Coastguard reported that the MS Serenissima had run aground on sand and gravel. Luckily, no injuries have been reported, but due to the fact that the cruise accident is still under investigation, it may be several more hours or even days before an injury may come to light.

Emergency workers are attempting to re-float the vessel but strong winds have rendered their attempts futile. Crews will try to re-float the vessel again at high tide later tonight.

“The vessel is currently aground at the bow but still afloat at the stern,” said an RNLI spokesman. “The initial attempt at refloating the ship used its own engine with the lifeboat providing assistance by pulling at the stern. Unfortunately this attempt was hampered by a strong wind blowing the ship towards the shore, and was unsuccessful. The lifeboat is now working with the crew of the ship to refloat it at a higher state of tide.”

The RNLI lifeboat from Oban is on standby to assist and the Oban Coastguard Rescue Team were also on the scene. The vessel is said to have run aground on the Corran Ledge.

Officials have yet to give an explanation as to what could have possibly caused the MS Serenissima to run aground, but the accident has called cruise line safety into question once again. The accident comes just months after several Carnival Cruise Line ships have been involved in mechanical mishaps, most notably the Carnival Triumph which lost power following a fire in its engine room and which left over 4,000 stranded at sea among deplorable shipboard conditions. Cruise ship safety has been questioned time and time again, especially because we haven’t even hit the half-way point this year, and already, thousands of cruise passengers have been involved in accidents, gotten hurt, been robbed, raped, drugged, or murdered – not to mention, four passengers have gone overboard this year alone.

From past experience, our cruise ship accident lawyers know that most cruise ship accidents, especially those involving groundings, are the direct result of crew member negligence. Much like the Costa Concordia tragedy, when 32 people were killed because the ship’s captain, Francesco Schettino, decided to make a last minute change to the cruise itinerary to perform a maneuver known as a “salute” while in Italian waters.

The maneuver caused the vessel to come too close to shore and it struck a giant rock, which created a gash in the ship’s hull and caused it to partially sink. The now former captain is currently on trial for his role in the maritime accident and has been charged with manslaughter and abandoning ship.

Although the captain of this particular vessel has yet to be blamed – if he will even be blamed – for the incident, it just goes to show how dangerous cruise travel can be. Passengers are always advised to remember they are sailing on open international waters, where strict safety laws are often violated and rarely reprimanded. It’s important to always keep a look out for signs of danger and to keep life jackets handy in the event of an emergency.

Life jackets have saved countless lives, especially when a cruise ship collision results in passengers having to abandon ship. Tragedy can strike at the most inopportune and unexpected moment, so it’s imperative that passengers stay alert of their surroundings and keep close watch on all travel group members so as not to separate in the event of an emergency.

Sadly, cruise ship accidents are more common than anyone might believe.

Just last week, another cruise ship ran aground near Sainte-Pétronille, at the south end of Île d’Orléans on the St. Lawrence River in Quebec, Canada. The vessel involved was a small cruise ship named the Louis-Jolliet. The ship was transporting 57 passengers from the Old Port in Quebec City and was heading to tour Montmorency Falls when the vessel ran aground just before 3 p.m. last Thursday.

Miraculously, no one was injured in this cruise ship accident either and everyone onboard was brought back to shore safely via tugboat.

A spokeswoman for the Canadian Coast Guard said the owner of the cruise ship, Croisières AML, explained the vessel would either be towed to safety or left to free itself at high tide at 11:45 p.m. The vessel must now undergo inspection for damage. It appears to have suffered only minor damage to its hull.

An explanation for this grounding has yet to be revealed as well, but if crew member negligence is found to have contributed to either incident, the lines may be held liable and if injuries do surface, may be ordered to pay damages to victims.

Check back with our Cruise Ship Law Blog as we continue to report any updates on the groundings.

What happened next still remains a mystery to this day.

According to Kocontes, he fell asleep sometime between midnight and 1 a.m. on May 26, 2006, during which time his wife had gone to get her tea. He admits to having consumed a glass of wine and sleeping pill, causing him to knock out until about 4:30 a.m., when he noticed Kanesaki was not in the room. At this point, Kocontes alerted the ship’s crew, which began an investigation into the cruise ship passenger disappearance.  The next day Italian police boarded the vessel, obtained surveillance footage from the ship and took statements of the crew. Shortly after, Kanesaki’s body washed ashore the coast of Paola, Italy.

However, by the time the body was found, Kocontes was already on a plane back to the home in Orange County, California he and Kanesaki shared. He claims he boarded the plane while officials were still searching for his ex-wife after being informed that there was no chance she would still be alive.

It had only been 24 hours since Kanesaki was missing, but Kocontes appeared to have given up all hope. Was it because he truly felt Kanesaki was gone or was it because he wanted her gone to begin with?

That is a question prosecutors have been trying to answer for years.

When officials retrieved Kanesaki’s body, an autopsy revealed she was strangled before going into the water, leading authorities to believe her death was no accident. Kanesaki’s death was soon ruled a homicide, and the FBI began interrogating Kocontes, collecting DNA samples to get to the bottom of the case. Meanwhile, Kocontes maintained that he loved his wife.

Prosecutors in Orange County, however, were not convinced. They believe Kocontes killed his wife for financial gain then threw her body overboard. Charges of special circumstances murder were filed in February of this year, but Kocontes pleaded ‘not guilty’ to the cruise ship murder in court yesterday, sticking to his original story.

Yet, as horrific as the accusations against him are, this isn’t the first time Kocontes has been arrested. Kocontes, a former attorney, was fired from his law firm in 2000 and was arrested on charges of sexual contact with a minor, which he also denied.

Kanesaki also has an arrest record for battery. The couple, which originally wed in 1995 after meeting at Kocontes’ law firm, had a tumultuous relationship, which Kocontes claims was wrought with abuse. He claims police came several times, arresting her for domestic violence. However, the charges were later dropped.

The couple eventually divorced, allegedly to protect assets from the sexual harassment claim, but continued to live together. Yet, their relationship eventually deteriorated and they went their separate ways.

Kocontes remarried, but then reunited with Kanesaki in 2005. They named each other as sole beneficiaries in their wills, but in January 2006, Kanesaki was arrested again on domestic violence charges.

Kocontes then decided to purchase cruise tickets, which he believed would heal their damaged relationship. He said in court that they had planned to remarry later that year.

So what happened on the cruise ship?

According to U.S. federal prosecutors, the statements Kocontes made regarding his whereabouts before the disappearance of his ex-wife were not consistent with the available evidence. In one story, prosecutors allege Kocontes told investigators Kanesaki had taken a sleeping pill before she went to get her tea, however, no traces of the pill were found during her autopsy. In a statement to Italian police, Kocontes said he didn’t ‘actually see her take the pill and didn’t know if she had or not.

Court records show a federal grand jury met in December 2006 to investigate the cruise ship murder case, but no indictment was issued. Then in 2010, federal prosecutors discussed potential criminal charges with the Orange County District Attorney’s Office. Two years later the district attorney’s office asked the Orange County Sheriff’s Department to further investigate the case and found “additional evidence” related to the murder.

According to authorities, Kocontes stood to benefit from Kanesaki’s death by receiving over $1 million from her assets.  In 2008, Kocontes began  transferring large sums of money from Kanesaki’s bank accounts into joint accounts he held with yet another new wife. Kocontes acknowledged he was trying to move the money, but was doing so to protect his funds.

Federal prosecutors presented a copy of an email Kanesaki sent to a friend in 2005, which complained about Kocontes trying to control her money.  Several of Kanesaki’s relatives also who believed that she was holding millions in a personal account.

The criminal charges filed against Kocontes claim the murder was premeditated and was the real reason he booked the cruise.  He is due back in court May 29 and faces the death penalty if found guilty of Kanesaki’s cruise ship death.

Turn to our Cruise Ship Law Blog for continuing coverage of this tragic cruise passenger murder story.

The victim, fisherman Hung Shih-cheng, was shot dead last Thursday. The Filipino government has offered condolences to the victim’s family, but at first refused to issue a public apology until an investigation into the incident was concluded, despite what Taiwan threatened.

Taiwan’s president, Ma Ying-jeou, has been criticized on his so-called “weak” foreign policy while the nation’s rival, Beijing, is faring well economically. As a show of strength, Taiwan was pressed to act swiftly to vindicate the alleged wrongful death of the seaman. However, given the fact that both nations are under serious domestic political pressure, the government agreed to apologize for the shooting.

Officials in Taipei, Taiwan’s capital, threatened to recall their top diplomat in Manila and expel the Philippine counterpart. There was also talk of Taiwanese officials terminating Philippine migrant work contracts, which could have impacted the lives of 88,000 Filipinos that are currently living in Taiwan.

China, which claims Taiwan as part of its own territory, supported the call for an apology, calling the seaman’s shooting “barbaric.”

Many believed Philippine president Benigno Aquino would hold out on issuing the public apology until midterm elections next week, because an apology could have significantly hurt the party’s image. However, the government surprised its people by publicly apologizing on Wednesday.

The Philippine government had also planned to send a special envoy to Taiwan to convey apologies and condolences to the family of the deceased fisherman and have stated they will provide  “financial assistance” to the victim’s family.

The incident has already sparked an outrage in both nations. On Monday, hundreds of angry fishermen burned Philippine flags and threw eggs at Manila’s embassy in Taipei.

Taiwan threatened a naval exercise near Philippine waters on Thursday, involving a Kidd-class destroyer, a Perry-class frigate and three coast guard frigates, along with a number of fighter jets would also be involved in the drill. Though the  apology was issued, there wasn’t a definitive cancellation of the drill.

“The Philippines has made some positive reactions towards our demand,” said David Lin, Taiwan foreign minister, when asked if his government would still consider sanctions against Manila. This ambiguous response has many wondering what the nation has in store for the Philippines.

The Philippine Coast Guard admitted to firing at one of four Taiwanese fishing vessels, claiming it had crossed into its waters, but the victim’s son who was with his father and two other sailors on the boat at the time of the incident, has denied these allegations.

The fisherman’s boat was hit by more than 50 bullets, leading Taiwan to send protection for fisherman in waters near the Philippines.

Was the shooting merited? This is a question that has yet to be answered. Given that aside from Taiwan and the Philippines, China, Vietnam, Malaysia and Brunei all have competing claims to parts of the West Philippine Sea, is all fair in war?

According to Taiwan, the answer appears to be ‘yes.’

Taiwan rejected the apology and imposed sanctions against the Philippines on Wednesday. According to officials, the apology is unacceptable because it called the fisherman’s death “unfortunate and unintentional.”

Only time will tell what will transpire between the two nations, but if a naval attack is ordered, the lives of hundreds of seamen may be impacted.

There have been many unsolved cruise crimes throughout the years, and while nothing can truly undo the pain and suffering felt by victims and their loved ones, the family of one cruise passenger who was murdered three years ago can finally have due justice after her assailant pled guilty in court.

Nina Elizabeth Nilssen was vacationing in Antigua with her family in January 2010 onboard the Royal Clipper, a tall masted ship operated by Miami based Star Clippers, when the unthinkable happened. Nilssen, 30 at the time, was murdered while she was ashore with her family on the island’s famed Pigeon Point Beach to celebrate the wedding of her sister, Liv Nilssen.

The attack occurred after the wedding party when Nilssen and her family went ashore for , a midday barbecue on Jan. 19. Pigeon Point, a popular spot for tourists visiting the island, has been the site of many happy celebrations, but what transpired that day would crush the family forever.

Antigua police arrested  24-year-old local Tishara Daniel, who confessed to the cruise passenger murder by stabbing her in the neck while she was walking near Windward Bay Beach in Pigeon Point. At the time of the arrest, police say Daniel had Nilssen’s camera in his possession when arrested, so the stabbing was likely all because he wanted to rob some of her valuables.

Daniel pleaded guilty to the murder in court yesterday and is scheduled to be sentenced on July 5 for the cruise passenger murder crime.

After the tragedy, the cruise line pulled out of Antigua but returned five months later.

Antigua, much like the Bahamas, has been facing increasing crime rates in recent years. Back in 2009, a 38-year-old Australian man who was visiting the island on his yacht was shot dead while walking with his girlfriend, and the previous year, Antigua was the scene of the double murder of a British couple who was honeymooning on the island. The couple was shot in their room at Antigua’s Cocos Hotel.

These incidents have all raised questions about the safety of visiting the island. Antigua’s crime rate has skyrocketed to the point that figures show the island’s per capita murder rate far exceeds that of large U.S. cities like New York or Los Angeles.

Cruise passengers must always exercise caution when visiting foreign ports, but sadly, with the number of crimes taking place recently, including a cruise passenger gunpoint robbery in St. Lucia, many are starting to wonder if travelers should even get off the ship while docked in foreign countries.

Our cruise ship accident lawyers advise travelers to always stay in large groups, carry traveler’s checks instead of cash, and leave all valuables at home and not to rely on inside cruise cabin safes in order to avoid being targeted by a criminal in a foreign port.

Of course crimes can occur anywhere and the cruise lines do not want their passengers to become victims. However in order to avoid any type of negative press the cruise lines downplay or do not warn their passengers about crime involving their ports of call. They really should issue warnings where dangers are prevalent or they should simply avoid the port all together.