Family members of a woman who died in Zion National Park almost six years ago have asked a California judge to do what jurors in Utah failed to do — hold Patricia Bottarini's husband responsible for her fatal fall.
Following a three-week trial late last year, a federal jury acquitted James Bottarini of multiple charges relating to his wife's May 9, 1997, death.
But a lawsuit filed earlier this week in San Diego Superior Court says the evidence is clear that Bottarini killed his wife in order to collect Patricia Bottarini's share in her family's real-estate business, TOBO Investment Partnership. Her one-twelfth interest is worth an estimated $1 million.
"A preponderance of the evidence against James clearly demonstrates that he killed Patricia and that the killing was felonious and intentional," the suit states.
The 36-year-old mother of two also had a $250,000 life insurance policy purchased nine months before her death.
The suit asks the court to declare that Bottarini intentionally killed his wife, and therefore is not entitled to her inheritance. It also states that Bottarini has made numerous requests for information from TOBO's attorneys and accountants, and asks for a declaration that he cannot have those records.
Bottarini, 44, was unavailable for comment. His mother, Jackie, was unaware of the suit when contacted by the Deseret News Thursday evening but said her son would have no comment.
Bottarini lives in Ottawa, Ill., with his two young sons.
The lawsuit cites media reports that the majority of jurors in the Bottarini's federal case believed he was guilty of killing his wife but misunderstood the jury instructions and acquitted Bottarini of all charges.
Juror Steven Paul Crump told the Deseret News in December that the 12-member panel didn't realize they could have a hung jury, thinking instead that their inability to reach a unanimous verdict of guilt had to result in a default acquittal.
Only two jurors believed Bottarini was innocent, Crump said.
Bottarini has never been charged with murder. Federal prosecutors lacked the jurisdiction to do so but had to prove Bottarini killed his wife in order to succeed in prosecuting him on four counts of wire fraud, and one count each of making false statements to a federal investigator and interstate domestic violence.
Washington County Attorney Eric Ludlow has said his office is investigating the case but will not say if he will file charges against Bottarini. There is no statute of limitations on murder.
James and Patricia Bottarini lived in Medford, N.J., and were vacationing in southern Utah when Patricia tumbled nearly 500 feet from a switchback on Zion's Observation Point trail. No one actually saw her leave the trail, although a Texas man testified he heard noises up above and looked up in time to see her go over the cliff edge.
A group of hikers encountered Bottarini on his way down the trail, and one man joined Bottarini in the search for his wife while the others alerted authorities. The two men found Patricia Bottarini's body lying on a steep ledge in a small canyon off the public trail.
E-MAIL: awelling@desnews.com