jameson
Charter Member
14249 posts |
Oct-24-02, 12:27 PM (EST) |
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1. "from the lawsuit"
In response to message #0
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The November 5 program identified four prime suspects in connection with the murder of JonBenét Ramsey, to-wit, John Ramsey, Patsy Ramsey, Burke Ramsey and a mystery intruder. 73. At the outset of the November 5 program, the following full screen graphic was displayed, containing a photograph of the four prime suspects, including a photograph of Burke Ramsey, with the statement, “Who Killed JonBenet Ramsey” appearing immediately above the photographs and the statement, “prime suspects,” appearing immediately below the photographs: 74. The full screen graphic was repeatedly shown during the broadcast immediately before and immediately after each commercial break. 75. The November 5 program was presented to the viewers in a format strikingly similar to a murder trial of the prime suspects, including a presentation of evidence, arguments by a prosecutor and defense attorney and a vote on the guilt or innocence of the suspects at the conclusion of the program. 76. Rikki Klieman served as the moderator for the November 5 program. 77. The November 5 program was a false and defamatory broadcast in its entirety and by virtue of the following false and defamatory statements, among others, broadcast therein: SPEAKER: A six-year-old girl is dead, and for three years JonBenét’s killer or killers have gotten away with murder. In tonight a special edition of crime stories. Who Killed JonBenét Ramsey? Prime Suspects. MS. KLIEMAN: Good evening. I am Rikki Klieman. There have been no arrests, no indictments in the Ramsey case. Just a tangled web of prime suspects and accusations of a botched investigation. Tonight we will explore the probable guilt or innocence of the prime suspects, and we are going to do it with a prime panel . . . Before we let the sparks fly, let’s take a look at the lineup of the prime suspects . . . Then press speculation changed direction once again, this time to the most bizarre suspect of all, JonBenét’s brother Burke Ramsey. He was the only other person known to be in the house at the time of the murder. Burke was just nine years old when his sister was strangled. And three years later, without any breaks in the case, these four remain the prime suspects: . . . . MS. KLIEMAN: All right. Well, when we come back, the most shocking crime suspect, JonBenét’s brother, Burke Ramsey. Remember, he was only nine years old the night she was murdered element to a commercial break]. . . . MS. KLIEMAN: In a case that has stunned, shocked, and sickened America, the most disturbing scenario may center on young Burke Ramsey. Could he have possibly killed his own sister JonBenét? Burke Ramsey was officially cleared by Boulder district attorney Alex Hunter, but reports persist that his voice can be heard in the enhanced version of the 911 tape, even though his parents say he was asleep at the time. … MS. KLIEMAN: Another key point: Sources say Burke’s prize Swiss army knife was found in the basement not far from his sister’s body. Is it possible Burke killed JonBenét perhaps by accident and his parents are covering up to protect him? . . . Dr. Baden, Burke Ramsey, nine years old, one of the theories, even though he has been cleared by the district attorney’s office, but one of the theories or rumors is that perhaps he was horsing around with his sister and it was an accident. DR. BADEN: Well, that can happen. Children can kill children and intentionally or accidentally, and then the -- flowing from that would be others try to cover it up is one of the possibilities that has to be looked at. MS. KLIEMAN: Mark Fuhrman, doesn’t it make logical sense, logical sense -- and homicides are not logical; murder is not rational -- that if the child, Burke Ramsey, committed this crime, that is why the parents would cover up because they didn’t want to lose two children? MR. FUHRMAN: I think it is consistent. . . . . . . MS. KLIEMAN: I want to go to Larry Pozner. Larry, I don’t want you to blow me out here across the satellite by even suggesting Burke Ramsey as a prime suspect, but I am, because we are looking at everyone. . . . . . . MS. KLIEMAN: Yes, they have cleared this kid. And, Chuck Green, one of the things that disturbs me about clearing anybody is that, at least it is said in Larry Schiller’s book that at some point the police are talking about clearing a suspect and other people didn’t want to, and then they said, well, we can clear them and then unclear them. Now, is he really clear? . . . . 78. The gist of the November 5 program as derived from its title, the statements broadcast therein and the full screen graphic is that Plaintiff Burke Ramsey was a prime suspect in connection with the murder of his sister and that evidence existed to justify placing Plaintiff Burke Ramsey on trial as a prime suspect in connection with the murder. 79. The gist of the November 5 program is false and defamatory. 80. At the time of the initial broadcast of the November 5 program, Plaintiff Burke Ramsey was a twelve (12) year old child. 81. The conduct of Defendants in exploiting a twelve (12) year old child for profit by placing him on trial on television for the brutal murder of his sister is reprehensible and unconscionable conduct, particularly when undertaken by entities claiming to accurately inform the viewing public about the American system of justice and after such time as knowledgeable law enforcement officials have publicly and unequivocally stated that the child was not a suspect in connection with his sister’s murder and was not being looked at as a possible suspect. 82. By letter dated November 3, 2000, legal counsel for Plaintiff Burke Ramsey demanded that Defendants correct and retract the false and defamatory statements broadcast in the November 5 program in full and strict compliance with the statutory requirements of O.C.G.A. § 51-5-12. 83. Defendants received the November 3, 2000 retraction demand on November 8, 2000. 84. Defendants failed to correct and retract the false and defamatory statements as required by law. 85. Defendants negligently broadcast the false and defamatory statements about Plaintiff Burke Ramsey contained in the November 5 program. 86. Defendants knowingly broadcast the false and defamatory statements about Plaintiff Burke Ramsey contained in the November 5 program with actual knowledge that said statements were false. 87. Defendants broadcast the false and defamatory statements about Plaintiff Burke Ramsey contained in the November 5 program with actual malice in that they published said statements with actual knowledge of falsity or with a reckless disregard for the truth or falsity of said statements. 88. The false and defamatory statements about Plaintiff Burke Ramsey broadcast in the November 5 program are libelous per se. 89. The false and defamatory statements about Plaintiff Burke Ramsey broadcast in the November 5 program proximately caused permanent injury to his reputation. 90. The false and defamatory statements about Plaintiff Burke Ramsey broadcast in the November 5 program proximately caused him to be exposed to public hatred, contempt and ridicule. 91. Plaintiff Burke Ramsey is entitled to recover actual damages from Defendants for the injury to his reputation. 92. The conduct of Defendants establishes actual malice and demonstrates willful misconduct and that entire want of care which raises a presumption of conscious indifference to consequences. 93. Plaintiff Burke Ramsey is entitled to an award of punitive damages from Defendants in order to punish and penalize Defendants and to deter Defendants from repeating their unlawful conduct. |
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