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October-November 2018 - Printable Version

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+---- Forum: Burke sues CBS for 750 million (http://www.webbsleuths.org/forumdisplay.php?fid=163)
+---- Thread: October-November 2018 (/showthread.php?tid=1367)

October-November 2018 - jameson245 - 10-26-2018

[Image: logo-150.png]

[Image: jonbenet.four.we.have.your.daughter.cropped.png]
A 1996 Christmas photo of Burke and JonBenét Ramsey taken shortly before the girl's death.


JonBenét Ramsey Family Attorney on Ex-Boulder DA's Subpoena in CBS Suit

Michael Roberts | October 25, 2018 | 6:39am

The lawyer for Burke Ramsey, brother of JonBenét Ramsey, who was murdered in Boulder on Christmas Day 1996, believes that a subpoena issued for former Boulder District Attorney Alex Hunter won't do anything to exonerate CBS in a $750 million lawsuit filed by Burke in December 2016.
To the contrary, Atlanta-based attorney Lin Wood thinks that Hunter's deposition would only undermine the assertion in the CBS program The Case of: JonBenét Ramsey that Burke killed his sister when he was nine and she was six, which he characterizes as both defamatory and utterly unsupported by facts.
"I believe Mr. Hunter was professionally and personally outraged by tabloid accusations made against Burke in 1999 while he was the district attorney," Wood notes in a Q&A below, "and I expect that he is equally outraged by the accusations made against this young man by CBS."
News of the subpoena broke in the Boulder Daily Camera, which reported that the former DA, who retired from the office in 2001 and is now 81 years old, is fighting the subpoena on multiple fronts. He's said to consider the demand that he offer his thoughts "an 'annoyance' that would interfere with his annual relocation to Hawaii," but also maintains that cooperating would "compromise an 'open investigation and potential prosecution' of the person or persons responsible for JonBenét's death."
[Image: dr.werner.spitz.two.youtube.jpg]Dr. Werner Spitz, left, watches as a child is called upon to act out a theory of how Burke Ramsey could have killed his sister, JonBenét, from the CBS program The Case of: JonBenét Ramsey.

CBS via YouTube

The Case of: JonBenét Ramsey aired in September 2016. The next month, Wood filed a $150 million suit against Dr. Werner Spitz, a Michigan-based forensic pathologist who theorized on the show that Burke had killed JonBenét with a blow to the head. And in October 2017, Wood hit CBS with a $350 million demand on behalf of Burke's father, John Ramsey. Patsy Ramsey, wife of John and mother to JonBenét and Burke, died of cancer in 2004.
"CBS perpetrated a fraud upon the public," according to the John Ramsey suit. "Instead of being a documentary based on a new and legitimate investigation by a team of qualified and unbiased experts, The Case of: JonBenét Ramsey was a fictional crime show based primarily on a preconceived storyline scripted in the self-published and commercially unsuccessful book Foreign Faction...self-published in 2012."
Another section of the suit maintains that "Defendants’ accusation that John covered-up that Burke killed JonBenét was not based on a complete investigation revealing truthful facts, new witnesses, new evidence or new theories. Instead, Defendants consciously built their Documentary on an illegitimate and unfounded investigation, false and omitted facts, old witnesses, old evidence and old theories."
CBS moved for the lawsuits to be tossed, but in January, Judge David Groner allowed each to move forward. Hence the network's subpoena for Hunter, who, the Camera notes, "signed an affidavit in October 2000, shortly before leaving office, which stated in part, 'From December 26th, 1996, to the date of this affidavit, no evidence has ever been developed in the investigation to justify elevating Burke Ramsey's status from that of witness to suspect.'"
[Image: alex.hunter.file.photo.jpg]Alex Hunter during his days as the district attorney for Boulder County.

File photo

This position leaves Wood wondering why CBS would have such an interest in having Hunter weigh in, as he makes clear in the following Q&A, conducted via email.
Westword: Why do you think Alex Hunter has been subpoenaed in relation to the lawsuit?
Lin Wood: CBS issued the subpoena, so only CBS can state why the subpoena was issued to Mr. Hunter. The CBS documentary concluded that Burke Ramsey killed his sister based on CBS’ representation that a full re-investigation of the evidence had been undertaken by its team of "experts." In his libel lawsuit, Burke challenges not only the accusation, but also the legitimacy of this alleged "re-investigation."
CBS has apparently realized that the evidence relied upon by its "experts" does not support the accusation against Burke. The recent discovery efforts aimed at Boulder officials, including Mr. Hunter, confirm that CBS is still searching for evidence to support its false and defamatory accusation against Burke. Stated differently, if CBS had enough evidence to support its accusation being broadcast to the world in its 2016 documentary, why in the world is CBS searching for more evidence in 2019?
The answer is obvious — the 2016 documentary was rank speculation unsupported by any credible evidence and CBS knows it. CBS is in search of a defense it will never find.
Why is it important that Alex Hunter cooperate with the subpoena?
Mr. Hunter is a third party to this litigation and has the right to question whether there is a legitimate need for his testimony and/or whether the subpoena imposes unnecessary trouble and expense. I do not view Mr. Hunter’s motion to quash as being based solely on inconvenience to him or as an effort on his part to be uncooperative. CBS has the burden of convincing the Court that there is a legitimate need for discovery from Mr. Hunter.
[Image: burke.ramsey.youtube.jpg]Burke Ramsey during a 2016 interview on the Dr. Phil program.

YouTube file photo

What information do you believe Alex Hunter has that pertains to the lawsuit?
Based on his May, 1999, press statement and his October 2000 sworn affidavit (executed one year after the end of the grand jury investigation), which cleared Burke of any suspicion based on the actual evidence, I am confident that the only information Mr. Hunter could offer in this case would support Burke’s case against CBS. Accusing Burke of killing his sister while ignoring the statements of former District Attorney Hunter and other knowledgeable Boulder law enforcement officials was the height of recklessness on the part of CBS.
How would you characterize Alex Hunter's role in the investigation into the murder of JonBenét Ramsey?
As the Boulder District Attorney at the time of the murder until his retirement, Mr. Hunter was the public official with final authority over the investigation and decisions as to whether the evidence supported criminal charges being filed against any individual. I believe Mr. Hunter was professionally and personally outraged by tabloid accusations made against Burke in 1999 while he was the District Attorney and I expect that he is equally outraged by the accusations made against this young man by CBS.
What is the current status of the lawsuit, and can you provide a general timeline of what will happen next?
The parties are in the final stages of document production and are also actively taking depositions. Discovery will likely be complete by mid-2019. I expect CBS will thereafter follow standard media defense strategy by filing a motion for summary judgment. I am confident that such a motion will be unsuccessful and the case will move to a jury trial in late 2019 or early 2020.

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RE: October-November 2018 - Dave - 10-26-2018

Lin Wood reminds me of our attorney for many years: Impeccable reasoning and clear exposition so that everthing that he said or wrote seems obvious, as indeed it is in this particular case.

RE: October-November 2018 - CA4Now - 01-05-2019

Burke Ramsey has settled his lawsuit against CBS.


RE: October-November 2018 - CA4Now - 01-05-2019

Another link, from NPR, on the resolution of this lawsuit: https://www.npr.org/2019/01/04/682444535/jonben-t-ramseys-brother-settles-defamation-lawsuit-with-cbs

RE: October-November 2018 - jameson245 - 01-05-2019

JonBenét Ramsey's Brother Settles Defamation Lawsuit With CBS

January 4, 20199:16 PM ET
Vanessa Romo

Burke Ramsey, the brother of child beauty-pageant queen JonBenét Ramsey, who was killed more than 22 years ago, settled a defamation lawsuit against CBS Corp. and several others on Friday, his lawyer told NPR.
Ramsey, who was 9 years old at the time of the grisly killing, sued CBS in 2016 after the network aired a two-day documentary series that included the theory that the boy had slain his 6-year-old sister.
Burke's attorney, Lin Wood, told NPR in an email that the lawsuit has "been amicably settled to the satisfaction of all parties."
"For almost 20 years, it has been my privilege to represent John Ramsey, Patsy Ramsey (before her untimely death in 2006) and their son, Burke in a number of defamation lawsuits," Wood said. "It is now my professional and personal wish for this family that they no longer suffer the pain of false accusations in the future. I sincerely hope the CBS case is my last lawsuit for these fine clients and friends."
A CBS spokesman agreed that "the case had been amicably resolved."
The final settlement amount was not disclosed, but the complaint, filed in Michigan, was seeking no less than $250 million in compensatory damages and no less than $500 million in punitive damages.

JonBenét's brutal death was the subject of a massive investigation by law enforcement officials in Colorado, and the mysterious circumstances of her killing captivated the public for decades, spawning countless conspiracy theories.

The girl was killed inside her Boulder home during the early morning hours of Dec. 26, 1996. She was discovered by her father, John Ramsey, in the basement of the house strangled and with a fractured skull.
As NPR reported, a grand jury decided to indict "John and Patsy Ramsey on two counts each of child abuse, but that the prosecutor declined to sign the indictment against the couple."
Specifically, the indictment "alleged that the parents permitted JonBenét to be placed in a dangerous situation that led to her death and it accused them of helping whoever killed the girl," The Denver Post reported.
Patsy Ramsey died in 2006. In 2008, Boulder County District Attorney Mary Lacy, formally apologized to the family in a letter, saying neither the parents nor the son were considered suspects. Lacy added that new DNA evidence, unavailable in 1996, pointed to an unknown male as JonBenét's killer.
"To the extent that we may have contributed in any way to the public perception that you might have been involved in this crime, I am deeply sorry," Lacy wrote.
No one has been charged in the case, and the investigation is still open.

Ramsey's lawsuit against CBS; Critical Content, the production company behind the four-hour documentary; and seven others involved, including James Kolar, author of Foreign Faction, a book that posited JonBenét's brother as the killer, noted that he had never voluntarily participated in any media or public interviews concerning his sister's death until he learned of the project.
"In September of [2016], following decades of silence and only after learning that CBS was planning to broadcast a JonBenét Ramsey show based on Foreign Faction in which it would accuse him of killing JonBenét, Burke exercised his right of reasonable response by granting one interview to Dr. Phil McGraw in which he denied any involvement in JonBenét's murder," the complaint reads.
Between 1999 and 2000, Ramsey sued several publications and networks for publishing material accusing him of committing the crime. They were all dismissed after confidential settlements, the lawsuit says, noting that "no member of the tabloid media or the mainstream media has ever again accused Burke of being involved in — or suspected of — JonBenét's murder."
"That is, until CBS aired the Documentary," the document continues.
The Case Of: JonBenét Ramsey, as the series was called, purported to be a complete "reinvestigation" of the cold case and promised to feature a cadre of experts who had independently reached the same conclusion as that presented in Kolar's book: that the 6-year-old's brother had killed her.
The complaint argued that those involved in the making of the documentary were not motivated by authentic reporting but rather had set out "to accomplish their goals of achieving ratings and profits."
It contended: "CBS perpetrated a fraud upon the public — instead of being a documentary based on a new investigation by a so-called team of experts, The Case of: JonBenét Ramsey was a fictional crime show based primarily on a preconceived storyline scripted in a self-published and commercially unsuccessful book, Foreign Faction."