Plaintiff, v. CABLE NEWS NETWORK, INC./HEADLINE NEWS C/O Turner Broadcasting Inc.; AMERICAN BROADCASTING COMPANY, Plaintiff INC.); KVOA COMMUNICATIONS, INC.; KGUN INC.; KOLD INC.; KNST INC.; "JOHN DOE Defendants,"  Defendants.	PLAINTIFF'S STATEMENT OF FACTS IN SUPPORT OF COMPLAINT

STATEMENT OF MATERIAL FACTS

1) From remote distances a LASER (Light Amplification by Stimulated Emission of Radiation) device is capable of reflecting a television picture of everything in a room, including the sound¹.

2) A satellite (a man made device that orbits in outerspace) exists which is capable of projecting lasers at great distances. Similarly, Apollo 11 experiments in 1969 measured the distance of the Earth to the moon by aiming lasers from earth to a reflector on the moon to accurately determine the distance within 14 feet² (the distance varies between 221,000 and 253,000 miles). A satellite is also used to transmit communications transmissions and media transmissions. In addition, a satellite exists which "possesses the capabilities to peep into our businesses, backyards, and even through physical structures into our homes³."

3) Media broadcasters (and other private entities) utilize the capabilities of satellites for broadcasting and "newsgathering" purposes, the latter known as mediasatellites⁴.

4) Government enterprises utilize satellites for various purposes.

5) Media broadcasters, such as CNN, ABC, KVOA, KOLD, KGUN and KNST, "share" or otherwise disseminate on a regular basis data and broadcast information or programming via transmitting such data through a variety of wire/electronic communications⁵ .

6) Electromagnetic emissions are a form of microwaves. (Electromagnetic emissions are emitted from televisions, computer monitors and telephone lines, among other things⁶ .)

7) Laser beams emit, and are a form of microwaves.

8) Media broadcasters utilize equipment using microwaves in the normal course of telecommunications business.

9) The following are known "anchor" employees of Cable News Network, Inc./Headline News who were recipients or have knowledge of eavesdropping interceptions and visual surveillance of Plaintiff: Kathleen Kennedy, Karen Maginnis, Valerie Hoff, Myron Kandell, Beverly Schuck, Bobbie Batista, Natalie Allen, Donald Vandermark, Pat Buchanan, Mark Shields, Susan Rook, Lou Waters, Linden Soles, Michael Kinsley, Chuck Roberts, Robert Novak, Lou Dobbs, Lyn Vaughn, Patrice Thornby, Joe Oliver, Judy Woodruff, Bernard Shaw, Larry King, Greta Van Susteren, Nancy Newman, David Goodnow and Gary Labrock. In addition, there are unknown employees who are responsible for the use of technical related broadcast equipment. (Plaintiff Affidavit # 2, ¶ 1, 27).

10) The following are known "anchor" employees of the American Broadcasting Companies, Inc. who were recipients or have knowledge of eavesdropping interceptions and visual surveillance on Plaintiff: Barbara Walters, John Belmont, Sam Donaldson, Doug Lymerick, Tim O'Donnel, Cokie Roberts, David Brinkley, Clarence Page and Hugh Downs. In addition, there are unknown employees who are responsible for the use of technical related broadcast equipment. (Plaintiff Affidavit # 2, ¶ 1, 28).

11) The following are known "anchor" employees of SFX Broadcasting, Inc./KNST, who were recipients or have knowledge of eavesdropping interceptions and visual surveillance on Plaintiff: Victoria Steele, Don Wallace, Lionel Waxman, Brian Jeffries, Walter Williams, Alan Kath. In addition, there are unknown employees who are responsible for the use of technical related broadcast equipment. (Plaintiff Affidavit # 2, ¶ 1, 29).

12) The following are known "anchor" employees of KVOA Communications, Inc., who were recipients or have knowledge of eavesdropping interceptions and visual surveillance on Plaintiff: Patti Weiss, Kathy Ryan, Joe Donlon, Pamela Davis, Russ Lewis, Savannah Guthrie, Salli Shamrell, Michael Goodrich, Martha Vasquez and Dan Ryan. In addition, there are unknown employees who are responsible for the use of technical related broadcast equipment. (Plaintiff Affidavit # 2, ¶ 1, 30).

13) The following are known "anchor" employees of Lee Enterprises, Inc./KGUN, who were recipients or have knowledge of eavesdropping interceptions and visual surveillance on Plaintiff: Guy Atchley, Lori Raymond, Norma Cancio, Colleen Bagnall, Jim Lemon, John Paul, Kristin Lee, Alan Kath, and Sabrina Dorsey. In addition, there are unknown employees who are responsible for the use of technical related broadcast equipment. (Plaintiff Affidavit # 2, ¶ 1, 31 ).

14) The following are known "anchor" employees of Elcom of Arizona, Inc./KOLD, who were recipients or have knowledge of eavesdropping interceptions and visual surveillance on Plaintiff: Tina Naughton, Mindy Blake, Chuck George, Bud Foster, Jim Becker, Steve Quis, Barbara Grijalva, Michael Cowman, and Barbara McDonald. In addition, there are unknown employees who are responsible for the use of technical related broadcast equipment. (Plaintiff Affidavit # 2, ¶ 1, 32).

15) Unknown persons, who may or may not be employees of the defendants or may be employees of a government entity, operated a highly technological eavesdropping and visual surveillance device, likely a satellite, to surveille Plaintiff . (Plaintiff Affidavit # 2, ¶ 1, 33).

16) Numerous non-employees of KNST who use the premises and broadcasting equipment for their commercial promotional programming shows have knowledge of the interceptions and surveillance of Plaintiff. (Plaintiff Affidavit # 2, ¶ 1, 34).

17) Numerous "guests" were present for interviews or other purposes on KNST's premises from April 1995 to April 1996. Many of these guests were state officials. (And continues to do so in its normal course of business). (publicly verifiable).

18) Alan Kath was an employee in some commercial capacity concurrently for both KGUN and KNST providing "Skyview" traffic reports during 1995 to 1996 (exact dates unknown at this time). (Plaintiff  Affidavit # 2, ¶ 1, 29, 31).

19) Dan Ryan an employee of KVOA and Steve Quis an employee of KOLD have a sports show that airs weekly on KNST. (publicly verifiable).

20) KGUN is a direct affiliate of the ABC, Inc. broadcasting network. (publicly verifiable).

21) KNST of SFX Broadcasting, Inc. is a direct affiliate of the ABC, Inc. broadcasting network for "news on the hour" and other programming provided by ABC aired "live" or tape delayed. (publicly verifiable).

22) Cable News Network, Inc. (CNN) interviewed numerous state officials on its various broadcasting premises from April 1995 to June 1996. (And continues to do so in its normal course of business). (publicly verifiable).

23) Normal broadcasting equipment--satellites (space and ground dish), receivers, transmitters, or other related equipment, is capable of receiving or transmitting electronic transmissions that can originate from a source that intercepted the information via eavesdropping or some other illegal or tortious method. (Plaintiff Affidavit # 2, ¶ 1, 26).

24) Broadcasters Cable News Network, Inc./Headline News of Turner Broadcasting System, Inc.; ABC, Inc.; KGUN-9 TV of Lee Enterprises, Inc.; KOLD-TV 13 of Elcom of Arizona, Inc. (and Raycom Media, Inc.); KVOA-TV 4 of KVOA Communications, Inc.; and KNST-AM 790 of SFX Broadcasting, Inc. all received oral and telephonic eavesdropping interceptions of Plaintiff regardless of whether an unknown "third" party initiated the eavesdropping interceptions and subsequently disseminated the interceptions. This occurred from approximately April, 1995 to June, 1996. (Plaintiff Affidavit # 2, ¶ 1, 4, 26-34).

25) Evidently, Jeff Sales, Debbie Wagner, Jon Ruby and Karen Lee Rice do not and can not keep track of the conduct of every employee 24 hours a day of his/her respective broadcasting station KOLD, KNST, KVOA, and KGUN. (Plaintiff Affidavit # 2, ¶ 1, 26, 29-32 ).

26) Media broadcasters maintain implied or direct commercial agreements with government entities. For example, KOLD is under direct contract with the Arizona State Lottery to disseminate winning numbers. (publicly verifiable).

27) Defendants and their employees, and others present on broadcasting premises continuously leaked information intercepted of Plaintiff. (Plaintiff  Affidavit # 2, ¶ 1, 9, 26-34).

28) Those persons stated herein, and unknown others, received intercepted information of Plaintiff during "live" broadcasts in the "talking ear" device broadcasting personnel wear during live broadcasts. This allowed these persons to make remarks regarding specific acts or things said by Plaintiff to "get Plaintiff's attention," or in some instances to beckon Plaintiff to call in to either a "live" radio or television show on KNST and CNN respectively as exampled herein. (Plaintiff Affidavit # 2, ¶ 1, 9, 26-34).

29) Defendants eavesdropped and monitored Plaintiff for "newsgathering" or other purposes due to his occupation as a teacher, membership in the Republican Party, membership as a Roman Catholic, and, in part, due to previous media attention of him in 1990. (Plaintiff  Affidavit (# 1) ¶ 1-3, Plaintiff Affidavit # 2, ¶ 5, 8, 9, 11, 12)

30) Defendants "rekindled" and hence exacerbated libels, some originating in from facts 44 and 45, by placing excessive attention on Plaintiff through their surveillance activities and numerous dissemination "leaks" and gossip. (Plaintiff  Affidavit # 2, ¶ 1, 4, 5, 8, 9, 11, 12, 22-34).

32) Plaintiff was employed as a full-time secondary teacher from September 1994 to May 26, 1995, possessing all rights equal to other certified teachers under law. (Plaintiff Affidavit # 2, ¶ 1, 2; A.R.S. Title 15)

33) Prior to the "conspiracy," supervisors made statements to Plaintiff regarding future continuing employment by using such remarks as "if you [a student] get [Plaintiff] next year...." (Plaintiff Affidavit # 2, ¶ 1, 21).

34) Various negative false rumors were spread about Plaintiff at the school by various colleagues and students, mainly in the last couple of months, April and May 1995, creating a "controversy" over his character as exampled by fact 36. (Plaintiff Affidavit # 2, ¶ 1, 6-8, 21).

35) Various colleagues made remarks concerning Plaintiff's religion. For example, one said "he's Roman Catholic." Another stated "he's a good Catholic." (Plaintiff Affidavit # 2, ¶ 1, 21).

37) On May 24, 1995, a student in Plaintiff's classroom remarked to at least two other students "The government is using Mr. ____ for experiments." (Plaintiff Affidavit # 2, ¶ 1, 6).

38) On May 25, 1995, a student in Plaintiff's classroom made the outburst to the class "[Plaintiff] is the talk of the whole town!" (Plaintiff Affidavit # 2, ¶ 1, 7).

39) Somehow or another, students, colleagues, and supervisory personnel had knowledge or awareness that Plaintiff was under some sort of eavesdropping and monitoring surveillance due to facts 33- 39. (Plaintiff Affidavit # 2, ¶ 1, 6, 7).

40) On June 02, 1995, Plaintiff went to the University of Arizona College of Law Library and upon entering the library, people who Plaintiff did not know made a couple remarks regarding Plaintiff. Person "one," a male, stated "that's [Plaintiff]." Person "two," a female, stated "Sad--he wants justice." A third person, a male, said "he has witnesses." (Plaintiff Affidavit # 2, ¶ 1, 22).

41) In June 1995, Plaintiff attended an informal dinner meeting with associates from the local  Young Republican Club. At this dinner, Plaintiff overheard other patrons remark about him, one said to her acquaintance "he was on CNN" as she directed towards Plaintiff's table. (Plaintiff Affidavit # 2, ¶ 1, 23).

42) In January 1996, Plaintiff attended an opera at the Tucson Music Hall. It is here Plaintiff heard other opera goers discussing Plaintiff in that they were repeating things in their conversation that Plaintiff had said in various conversations in the preceding several weeks said only in the privacy of his residence or that of his family's. (Plaintiff Affidavit # 2, ¶ 1, 24).

43) Sometime in either January, February, or March 1996 Plaintiff attended a lunch gathering at the local Elk's Lodge Club. It is here Plaintiff overheard other attendees remarking on Plaintiff. These persons made remarks to the following effect: "He's on unemployment." Then another person stated "they are both on unemployment." (The "they" referring to Plaintiff and his sister who also ate lunch there that day. She was also on unemployment at that time.) Another remark was "satellite" as he directed towards Plaintiff's locale. (Plaintiff Affidavit # 2, ¶ 1, 25).

44) Sometime between June 10 and July 15, 1990, KVOA aired an "in disguise" libelous, rumorous story regarding Plaintiff. (Plaintiff Affidavit # 2, ¶ 11).

45) Sometime between July 02 and July 13, 1990, The Oprah Winfrey entertainment and gossip show aired a libelous show regarding Plaintiff. As best Plaintiff has deduced, some of the guests were childhood elementary acquaintances of Plaintiff, dating to 7th grade or earlier. (Plaintiff was then 19 years old.) (Plaintiff Affidavit # 2, ¶ 12).

46) The Oprah Winfrey Show airs locally, (southern Arizona) on KOLD and did in 1990. (publicly verifiable).

47) Until Plaintiff can view in full the video of The Oprah Winfrey Show as stated in fact 45, he reasonably believes statements originating from this show subsequently  dissemintated libels regarding Plaintiff. (Plaintiff Affidavit # 2, ¶ 12).

48) In light of facts 44 and 45, Plaintiff believes there may be other archival information related to Plaintiff by other media broadcasting entities not named in this Civil Action. (Plaintiff Affidavit # 2, ¶ 13).

49) It is, in part, from facts 44, 45, and 47 that attributed the television and radio media to become "interested," in Plaintiff during 1995 and 1996. (Plaintiff Affidavit # 2, ¶ 5, 9b).

50) During at least one show of ABC's This Week With David Brinkley, between April 1995 to April 1996, "in disguise" remarks were made regarding Plaintiff by persons present in the broadcast. Plainitff Affidavit # 2, ¶ 1, 9h).

51) During a show on KNST in either April 1995 or May 1995, most likely April, persons on a locally produced and aired "live" show made remarks to beckon Plaintiff to call into this show or "get his attention.". Plaintiff was listening to this show. (Plaintiff Affidavit # 2, ¶ 1, 9a).

52) A State and federal law enforcement officer visited Plaintiff's residence either May 22, 1995 or May 23, 1995, approximately 4:30 p.m. MST. At this same time Plaintiff was watching the entertainment show Crossfire, aired "live" on CNN while calculating students' grades. After Plaintiff returned from the brief encounter and questioning by these agents, one of the hosts, Michael Kinsley, remarked: "he is cooperating with federal agents." Evidently, CNN was waiting for a "breaking news" story. (Plaintiff Affidavit # 2, ¶ 1, 5, 9b).

53) Either May 22, 1995 or May 23, 1995 while Plaintiff was watching the entertainment show Newsnight on CNN, the host Kathleen Kennedy, at approximately 9:00-9:30 p.m. MST said in between stories : "We're going to clear you." (Clear Plaintiff of the rumors (libels and under seal) circulating presumably; this is a "live" program also). While saying this, she tilted her head towards her shoulder, to signal Plaintiff she was referring to him, as this was how his head was positioned while he was relaxing on the couch watching. It is this action that led Plaintiff to aghastly realize some sort of visual/video surveillance was taking place. (PlaintiffAffidavit # 2, ¶ 1, 5, 8, 9c).

54) On May 25, 1995, Plaintiff had an interview/evaluation regarding his current employment and potential continuing employment as a full-time teacher with the local school district. (Plainitff Affidavit # 2, ¶ 1, 2).

55) On May 25, 1995, within approximately one hour of his employment interview, KVOA broadcast parts of Plaintiff's employment interview "live" that were intercepted illegally, in what could be regarded as a "special report." (Plaintiff Affidavit # 2, ¶ 1, 2, 9d).

56) During an episode of the entertainment show "Capital Gang, " sometime in December 1995 or January or February of 1996 aired "live" on CNN, host Robert Novak made the "in disguise" remark "he wants a trial." Plaintiff was watching this show. (Plainitff Affidavit # 2, ¶ 1, 9e, 17).

57) During a "live" radio program aired on KNST in February 1996, a host of one of the shows made a remark  over the air to get Plaintiff's attention as to beckon him to call in to the show. Plaintiff was listening to this program. (Plaintiff Affidavit # 2, ¶ 1, 8, 9f, 14, 29).

58) Between approximately April 1995 and April 1996, unknown callers would call into various radio shows of KNST regarding Plaintiff and related facts in this Civil Action. (Plaintiff Affidavit # 2, ¶ 1, 9a, 9f, 9g).

59) During a "live" broadcasts by KGUN between May 1995 and March 1996 anchors made subtle "in disguise" comments in "live" broadcasts similar to those mentioned herein. (Plaintiff Affidavit # 2, ¶ 1, 9j).

60) Between May 1995 and April 1996 (and to date, as Plaintiff has on file applications with various school districts.) Plaintiff was actively seeking employment with potential employers. (Plaintiff Affidavit # 2, ¶ 1, 2, 3, 14).

61) During a weather report believed to have aired in early 1996 on KOLD, Chuck George made a "subtle" remark directed at Plaintiff saying "you have a lot to live for," referring to Plaintiff's thoughts of depression and suicide, inflicted upon Plaintiff by the Defendants due to the eavesdropping and surveillance they were conducting. (Plaintiff Affidavit # 2, ¶ 1, 4, 9i).

62) In various episodes of This Week with David Brinkley aired on ABC, various "in disguise" remarks regarding Plaintiff. For example, Cokie Roberts made the remark "he was only a boy." Evidently referring to libels originating from The Oprah Winfrey Show in July 1990. (Plaintiff Affidavit # 2, ¶ 1, 8, 9l,11,12).

63) On numerous other occasions between April 1995 and June 1996, broadcasting personnel continued on occasion with similar subtle remarks on various entertainment shows as only exampled in facts stated herein. (Plaintiff Affidavit # 2, ¶ 1, 9, 10).

64) It is the unusual "subtle or in disguise remarks" as stated herein that allowed Plaintiff to discover and realize and thus witness eavesdropping and surveillance was being conducted on him. (Plaintiff Affidavit # 2, ¶ 1, 9, 24-26).

65) Based on facts presented herein, Plaintiff has reasonably concluded that "satellite surveillance" was being utilized on him. (Plaintiff Affidavit # 2, ¶ 1, 4, 6, 7, 9, 15, 22-26).

66) CNN/TBS, ABC, KOLD, KNST, KGUN, KVOA and The Oprah Winfrey Show all have archives containing information as listed herein. (Plaintiff Affidavit # 2, ¶ 1, 13).

67) The Oprah Winfrey Show is produced by Harpo Productions, Inc. ABC, Inc. and Harpo Productions, Inc. maintain direct commercial agreements pertaining to The Oprah Winfrey Show. For example, on the internet @ www.oprahshow.com is operated by ABC online. (publicly verifiable.)

68) Between July 1995 and February 1996, Plaintiff made inquiry calls to legal counsel regarding legal matters mostly related to facts in this Civil Action. (Plaintiff Affidavit # 2, ¶ 1, 15).

69) On January 18, 1996, Plaintiff called the law firm of Deconcini, McDonald, Brammer, Yetwin & Lacy PC and spoke with attorney David Anson regarding facts in this Civil Action. Mr. Anson was very interested in hearing the Plaintiff's case and found merit in it until a conflict of interest came up due to his firm representing KOLD and the likelihood of KOLD being a defendant. Contrary to Mr. Urman's attempt to influence the court in its "Clarification concerning motion for sanctions" in which Mr. Urman baselessly states that "neither the [FCC] nor the [FBI] found any merit in Plaintiff's allegations." To the contrary, Mr. Anson suggested to the Plaintiff "[he'd] heard of things like that using microwaves. Maybe they were in cohoots with the CIA.⁷ " (Plaintiff Affidavit # 2, ¶ 1, 15).

70) On three occasions, between December and February 1996, Plaintiff met in person with legal counsel to initially discuss legal matters mostly related to facts in this Civil Action. (Plaintiff Affidavit # 2, ¶ 1, 16).

71) Plaintiff made various calls to a private investigator, who was under confidential retainer, between December 1995 and January 1996. (Plaintiff Affidavit # 2, ¶ 1, 9f, 17).

72) Plaintiff filed a Complaint via certified mail on October 11, 1996 with the FCC related to claims in this Civil Action. The FCC lost this Complaint twice, upon the third time, receiving it via fax, the FCC officials told Plaintiff on the phone (March 03, 1997) it was a criminal matter within the FBI's jurisdiction. (Plaintiff  Affidavit # 2, ¶ 1, 18).

73) On March 25, 1997, Plaintiff filed a complaint with the local FBI office in AZ as advised and referred by FCC officials. (Plaintiff Affidavit # 2, ¶ 1, 18).

74) Defendants KGUN, KOLD, KNST, KVOA, CNN/TBS and ABC are inextricably linked due to the facts presented herein. (Plaintiff Affidavit (# 1) ¶ 1-3, Plaintiff Affidavit # 2, ¶ 1-34).

Date January 5, 1998,  Plaintiff

Copies of the foregoing mailed, to the addresses on record, this 05th day of January 1998, to:

David J. Bodney/CNN & TBS
Diane M. Johnsen & Stephen E. Silverman/ABC
George O. Krauja & Jennifer M. Dubay/KGUN
Janice A. Wezelman/KVOA
Gary F. Urman/KOLD & KNST
 

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