Federal Judge Drops Suit by Marine's Kin

TIMES STAFF WRITER

A federal judge on Wednesday threw out a $10-million civil lawsuit filed by the family of a U.S. Marine Corps colonel who died in 1991, ruling that the family had not proved that military brass used intimidation tactics to quash their inquiries into the death investigation.

U.S. District Judge Alicemarie H. Stotler halted the 1-week-old trial shortly after the family rested its case, throwing out the last few claims in a 7-year-old lawsuit that originally charged the military with conspiring to conceal information about the case.

Military investigators at the now-closed El Toro Marine Corps Air Station ruled the death of Col. James E. Sabow a suicide after he was found dead of a gunshot to the head. They said he killed himself after being suspended for allegedly misusing military aircraft.

But family members, including Sabow's brother, John Sabow, disputed the findings from the start, saying the military overlooked key evidence. They claimed military officials then threatened to release information that would portray Sabow as a crook and a felon if the family went public with their accusations.

Stotler, however, said the family failed to prove that claim as well as others after hearing the testimony of several witnesses.

Her decision drew immediate praise from government lawyers.

"We are obviously pleased with the judge's ruling," said Thom Mrozek, spokesman for the U.S. attorney's office. "All of the allegations made by the plaintiffs in this case have been thrown out by the court."

Daniel Sheehan, the family's attorney, said he did not know whether they would appeal. He said the family was "crushed" by the decision. "They don't believe the court has given them a fair trial."

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