It sounds as though the police and the DA do not feel that they have sufficient evidence at this time to prove beyond a reasonable doubt that your landlord is the one who installed the camera. Is there a possibility it could have been anyone else? If you can rule out anyone else then the case is stronger. I would think his fingerprints on the DVD would be enough so I am a little confused.
If the police are refusing to arrest him at this time then I would say go ahead with the civil suit because the standard of proof is easier "clear and convincing evdence". This is how OJ was found guilty in the civil suit although he was adjudicated not guilty in the crininal case. You need ypur money back ...and then some....NOW. I would ask your attorney to proceed on the civil matter and include the violation of your privacy rights, etc.
I am sure your attorney has reviewed the lease and knows that even if it says you forfeit the "extra" money you were paying toward the downpayment to purchase every month if you do not follow through with the purchase, I know that given these facts, basically a breach of contract of this magnitude would require a refund of not only the extra money but all the rent you paid for the entire time you lived there! I would certainly argue that he should not profit as a result of his illegal activity and disgusting invasion of your right to privacy!
Good luck. |