10-14-2017, 04:52 PM
THE PARTIES
20. John Ramsey maintains a residence in Charlevoix, Michigan.
21. In December of 1996 and for a brief period thereafter, John and his wife Patsy
Ramsey (“Patsy”) maintained a second home in Charlevoix, where the family would frequently
visit on holidays and during summer months.
22. In 2002, Charlevoix became John’s residence.
23. In 2004, John unsuccessfully sought election to the Michigan House of
Representatives.
24. John has no history of criminal conduct, sexual abuse, drug abuse, alcohol abuse,
or any type of violent or aberrant behavior.
25. Defendant CBS is a Delaware corporation, with its principal place of business
located at 51 West 52nd Street, New York, New York 10019.
26. CBS represents on its website that it “is a mass media company that creates and
distributes industry-leading content across a variety of platforms to audiences around the world.”
About CBS Corporation, http://www.cbscorporation.com/about-cbs/ (last visited Dec. 21, 2016).
CBS “has businesses with origins that date back to the dawn of the broadcasting age as well as
new ventures that operate on the leading edge of media.” Id. CBS claims that it “owns the most
watched television network in the United States and one of the world’s largest libraries of
entertainment content, making its brand – ‘the Eye’ – one of the most recognized in business.”
Id. The company’s “operations span virtually every field of media and entertainment, including
cable, publishing, radio, local TV, film, and interactive and socially responsible media.” Id.
Through one of its subsidiaries, CBS owns and operates a television station in Detroit, Michigan
– WWJ-TV.
Page 7 of 113
27. In 2016, CBS reported revenues of $13.17 billion, operating income of $2.62
billion, and net earnings from continuing operations of $1.55 billion. See
https://www.cbscorporation.com/wp-conten...arter-2016
Earnings-Release.pdf (last visited September 2, 2017).
28. Defendant Critical Content, LLC (“Critical Content”), is a California limited
liability company with its principal place of business located at 1040 North Las Palmas Avenue,
Building 40, Los Angeles, California 90038.
29. According to its website, “Critical Content is a leading global independent content
studio.” About Critical Content, http://www.criticalcontent.com/about.html (last visited Dec. 21,
2016). Critical Content, which was “[l]aunched in October of 2015, . . . focuses on unscripted
and scripted programming for broadcast, cable and digital platforms.” Id. The company
“currently has more than 60 projects in production for more than 30 different networks.” Id.
Critical Contents’ series include Limitless (CBS), Home Free (FOX), Catfish (MTV), and The
Woodsmen (History).
30. Previously known as Relativity Television, Critical Content reemerged from a
2015 bankruptcy filing with a reported $100 Million ($100,000,000) in new financing and no
debt.
31. Critical Content’s relationship with CBS is well-established. Tom Forman, CEO
of Critical Content and Executive Producer of the Documentary, previously ran a production
company called Tom Forman Productions, which produced series and pilots airing on CBS. He
is a former long-time producer of CBS’s 48 Hours. Critical Content and CBS have recently
partnered on CBS’s hit series Limitless. See http://www.criticalcontent.com/.
Page 8 of 113
32. Defendant Clemente is a resident of the State of California and played an acting
role in the Documentary as one of the seven “world renowned” investigators who would
allegedly conduct a “complete reinvestigation starting right from scratch.”
33. Upon information and belief, Defendant Laura Richards (“Richards”) is a resident
of California and played an acting role in the Documentary as one of the seven “world
renowned” investigators who would allegedly conduct a “complete reinvestigation starting right
from scratch.”
34. Defendant James R. Fitzgerald (“Fitzgerald”) is a resident of the State of Virginia
and played an acting role in the Documentary as one of the seven “world renowned”
investigators who would allegedly conduct a “complete reinvestigation starting right from
scratch.”
35. Defendant Stanley B. Burke (“Stanley”) is a resident of the State of Virginia and
played an acting role in the Documentary as one of the seven “world renowned” investigators
who would allegedly conduct a “complete reinvestigation starting right from scratch.”
36. Defendant Werner U. Spitz (“Spitz”) is a resident of the State of Michigan who
has a place of business and conducts business in Wayne County. Spitz is a well-known
television talking head who frequently interjects himself into high profile cases for self
promotion, publicity, and profit. Spitz also played an acting role in the Documentary as one of
the seven “world renowned” investigators who would allegedly conduct a “complete
reinvestigation starting right from scratch.”
37. Defendant Henry C. Lee (“Lee”) is a resident of the State of Connecticut. Lee is a
well-known television talking head who frequently interjects himself into high profile cases for
self-promotion, publicity, and profit. Lee also played an acting role in the Documentary as one
Page 9 of 113
of the seven “world renowned” investigators who would allegedly conduct a “complete
reinvestigation starting right from scratch.”
38. Defendant A. James Kolar (“Kolar”) is a resident of the State of Colorado. Since
he was the author of the book heavily relied upon as a script for the Documentary, Kolar also
played an acting role in the Documentary as one of the seven “world renowned” investigators
who would allegedly conduct a “complete reinvestigation starting right from scratch.”
39. Kolar was a police officer who was briefly employed by the Boulder District
Attorney’s Office from 2004 to the Spring of 2006.
40. Kolar was hired by then Boulder DA Mary Lacy as an experienced agency
administrator to help build an investigations unit.
41. Kolar had no significant experience in criminal homicide investigations and no
cold case homicide experience, but claimed that as of July 2005, he was taking the place of
former lead Ramsey investigator Tom Bennett, who had retired from the Boulder DA’s Office.
42. Prior to July 2005, Kolar had never been involved in the law enforcement
investigation of the murder of JonBenét Ramsey.
43. In July 2005, Kolar acknowledged that he was unfamiliar with the JonBenét
Ramsey investigative files and that it would take “some period of time” to become fully
acquainted with the investigative files.
44. Subsequently, Kolar requested a meeting with then Boulder DA Lacy and key
members of her team and much to the surprise of the Boulder DA, announced at the meeting his
theory that Burke committed the murder and John covered it up, and claimed that he had gone
through the investigative files searching for any tidbit that might be used to support his theory.
Page 10 of 113
45. The presentation by Kolar to members of the Boulder DA’s Office of his
accusation against Burke and John has been described, among other descriptive terms, as
“ludicrous,” “total smoke and mirrors,” and “speculation based on hearsay.”
46. Kolar’s employment at the Boulder DA’s Office ended shortly after his
presentation in the Spring of 2006.
47. Kolar subsequently sought to personally profit from his rejected theory against
Burke and John by writing Foreign Faction, which he self-published after the manuscript was
rejected by traditional publishing houses.
48. Prior to 2016, Kolar also contacted several members of the mainstream media,
including CBS, ABC, and NBC, seeking interviews and publicity for his book, but his
promotional efforts were uniformly rejected.
20. John Ramsey maintains a residence in Charlevoix, Michigan.
21. In December of 1996 and for a brief period thereafter, John and his wife Patsy
Ramsey (“Patsy”) maintained a second home in Charlevoix, where the family would frequently
visit on holidays and during summer months.
22. In 2002, Charlevoix became John’s residence.
23. In 2004, John unsuccessfully sought election to the Michigan House of
Representatives.
24. John has no history of criminal conduct, sexual abuse, drug abuse, alcohol abuse,
or any type of violent or aberrant behavior.
25. Defendant CBS is a Delaware corporation, with its principal place of business
located at 51 West 52nd Street, New York, New York 10019.
26. CBS represents on its website that it “is a mass media company that creates and
distributes industry-leading content across a variety of platforms to audiences around the world.”
About CBS Corporation, http://www.cbscorporation.com/about-cbs/ (last visited Dec. 21, 2016).
CBS “has businesses with origins that date back to the dawn of the broadcasting age as well as
new ventures that operate on the leading edge of media.” Id. CBS claims that it “owns the most
watched television network in the United States and one of the world’s largest libraries of
entertainment content, making its brand – ‘the Eye’ – one of the most recognized in business.”
Id. The company’s “operations span virtually every field of media and entertainment, including
cable, publishing, radio, local TV, film, and interactive and socially responsible media.” Id.
Through one of its subsidiaries, CBS owns and operates a television station in Detroit, Michigan
– WWJ-TV.
Page 7 of 113
27. In 2016, CBS reported revenues of $13.17 billion, operating income of $2.62
billion, and net earnings from continuing operations of $1.55 billion. See
https://www.cbscorporation.com/wp-conten...arter-2016
Earnings-Release.pdf (last visited September 2, 2017).
28. Defendant Critical Content, LLC (“Critical Content”), is a California limited
liability company with its principal place of business located at 1040 North Las Palmas Avenue,
Building 40, Los Angeles, California 90038.
29. According to its website, “Critical Content is a leading global independent content
studio.” About Critical Content, http://www.criticalcontent.com/about.html (last visited Dec. 21,
2016). Critical Content, which was “[l]aunched in October of 2015, . . . focuses on unscripted
and scripted programming for broadcast, cable and digital platforms.” Id. The company
“currently has more than 60 projects in production for more than 30 different networks.” Id.
Critical Contents’ series include Limitless (CBS), Home Free (FOX), Catfish (MTV), and The
Woodsmen (History).
30. Previously known as Relativity Television, Critical Content reemerged from a
2015 bankruptcy filing with a reported $100 Million ($100,000,000) in new financing and no
debt.
31. Critical Content’s relationship with CBS is well-established. Tom Forman, CEO
of Critical Content and Executive Producer of the Documentary, previously ran a production
company called Tom Forman Productions, which produced series and pilots airing on CBS. He
is a former long-time producer of CBS’s 48 Hours. Critical Content and CBS have recently
partnered on CBS’s hit series Limitless. See http://www.criticalcontent.com/.
Page 8 of 113
32. Defendant Clemente is a resident of the State of California and played an acting
role in the Documentary as one of the seven “world renowned” investigators who would
allegedly conduct a “complete reinvestigation starting right from scratch.”
33. Upon information and belief, Defendant Laura Richards (“Richards”) is a resident
of California and played an acting role in the Documentary as one of the seven “world
renowned” investigators who would allegedly conduct a “complete reinvestigation starting right
from scratch.”
34. Defendant James R. Fitzgerald (“Fitzgerald”) is a resident of the State of Virginia
and played an acting role in the Documentary as one of the seven “world renowned”
investigators who would allegedly conduct a “complete reinvestigation starting right from
scratch.”
35. Defendant Stanley B. Burke (“Stanley”) is a resident of the State of Virginia and
played an acting role in the Documentary as one of the seven “world renowned” investigators
who would allegedly conduct a “complete reinvestigation starting right from scratch.”
36. Defendant Werner U. Spitz (“Spitz”) is a resident of the State of Michigan who
has a place of business and conducts business in Wayne County. Spitz is a well-known
television talking head who frequently interjects himself into high profile cases for self
promotion, publicity, and profit. Spitz also played an acting role in the Documentary as one of
the seven “world renowned” investigators who would allegedly conduct a “complete
reinvestigation starting right from scratch.”
37. Defendant Henry C. Lee (“Lee”) is a resident of the State of Connecticut. Lee is a
well-known television talking head who frequently interjects himself into high profile cases for
self-promotion, publicity, and profit. Lee also played an acting role in the Documentary as one
Page 9 of 113
of the seven “world renowned” investigators who would allegedly conduct a “complete
reinvestigation starting right from scratch.”
38. Defendant A. James Kolar (“Kolar”) is a resident of the State of Colorado. Since
he was the author of the book heavily relied upon as a script for the Documentary, Kolar also
played an acting role in the Documentary as one of the seven “world renowned” investigators
who would allegedly conduct a “complete reinvestigation starting right from scratch.”
39. Kolar was a police officer who was briefly employed by the Boulder District
Attorney’s Office from 2004 to the Spring of 2006.
40. Kolar was hired by then Boulder DA Mary Lacy as an experienced agency
administrator to help build an investigations unit.
41. Kolar had no significant experience in criminal homicide investigations and no
cold case homicide experience, but claimed that as of July 2005, he was taking the place of
former lead Ramsey investigator Tom Bennett, who had retired from the Boulder DA’s Office.
42. Prior to July 2005, Kolar had never been involved in the law enforcement
investigation of the murder of JonBenét Ramsey.
43. In July 2005, Kolar acknowledged that he was unfamiliar with the JonBenét
Ramsey investigative files and that it would take “some period of time” to become fully
acquainted with the investigative files.
44. Subsequently, Kolar requested a meeting with then Boulder DA Lacy and key
members of her team and much to the surprise of the Boulder DA, announced at the meeting his
theory that Burke committed the murder and John covered it up, and claimed that he had gone
through the investigative files searching for any tidbit that might be used to support his theory.
Page 10 of 113
45. The presentation by Kolar to members of the Boulder DA’s Office of his
accusation against Burke and John has been described, among other descriptive terms, as
“ludicrous,” “total smoke and mirrors,” and “speculation based on hearsay.”
46. Kolar’s employment at the Boulder DA’s Office ended shortly after his
presentation in the Spring of 2006.
47. Kolar subsequently sought to personally profit from his rejected theory against
Burke and John by writing Foreign Faction, which he self-published after the manuscript was
rejected by traditional publishing houses.
48. Prior to 2016, Kolar also contacted several members of the mainstream media,
including CBS, ABC, and NBC, seeking interviews and publicity for his book, but his
promotional efforts were uniformly rejected.