10-14-2017, 05:03 PM
251. Clemente made the following claims published by The Sydney Morning Herald:
It explains who did what to whom and when and how.
That’s why the case was inconclusive until today.
Cold case homicide investigations many times are at an advantage. People wouldn’t talk before and now they’d talk to us. Technology has advanced. Criminal behavioral analysis has advanced. All these things coming together helped us find new evidence and helped us better understand the evidence from before. Our team got together, we argued it out, and we came up with one comprehensive theory.
Hopefully that documentary will build enough groundswell support to get the District Attorney’s office to resolve the case.
See http://www.smh.com.au/entertainment/tv-a...docuseries
will-name-new-suspect-says-retired-fbi-agent-jim-clemente-20160919-grjj11.html.
252. Clemente made the following claims published by Mirror: “We all came to one
complete theory that explains everything that happened,” and “[t]he world has heard so many
false rumors. The people of the community need to know the truth so they can put pressure on
the district attorney.” See http://www.mirror.co.uk/tv/tv-news/JonBe...sey-theory
explains-everything-8867093.
253. Clemente also claimed on a CBS interview that “we are confident that the team of
experts we put together will move this case forward so that there will be justice for JonBenét,”
and “if you watch the show . . . we have some very strong conclusions about what happened that
day to JonBenét Ramsey.” See http://amp.cbslocal.com/video/category/i...504304-jim
clemente-tom-forman-discuss-JonBenét-ramsey-docuseries/.
Page 35 of 113
254. In the same interview, Tom Forman promoted the Documentary’s team of
independent experts and their purported independent yet identical conclusion:
[A] team of the best investigators in the world – it’s Henry Lee and Werner Spitz, these guys are world-class at what they do – spent the summer reinvestigating this case, and independently, each one of them reaches the same conclusion: that there is only one way this could have gone down.
255. When Fitzgerald was promoting the Documentary, he proclaimed “we solved it.”
See http://www.eonline.com/news/795944/the-c...the-murder
but-no-one-will-be-arrested-here-s-why.
256. According to Fitzgerald, “[y]ou will learn a lot and you will be, I’m pretty sure,
convinced who killed JonBenét Ramsey.” Originally published at
http://highlighthollywood.com/2016/10/bu...-following
outrageous-JonBenét-death-accusations/.
257. While Richards was promoting the Documentary, she stated that they “tested
every hypothesis.” See http://extratv.com/videos/0-98uf19sb/.
C. Defendants Based the Documentary on Foreign Faction
258. Foreign Faction was the primary source for Defendants’ script.
259. A copy of Foreign Faction can be seen thoroughly tabbed on various occasions in
the Documentary, particularly when Clemente, the leader of the Pseudo-Experts, is in the frame.
260. Defendants’ fraud on the viewers kicks off in the first three minutes of the
Documentary when Clemente proclaims, “what we need to do is a complete reinvestigation
starting right from scratch.” At that exact moment, the television frame shows a copy of Kolar’s
Foreign Faction on the war room table – unintentionally but accurately revealing the script for
the preconceived storyline of the Documentary. A copy of this television frame showing
Foreign Faction is attached hereto as Exhibit G.
Page 36 of 113
261. Rather than conducting a “complete reinvestigation starting right from scratch,”
Pseudo-Expert Clemente made thorough notes on Pseudo-Expert’s Kolar purported investigation
that was the basis of his self-published 2012 book, Foreign Faction.
262. Contrary to their representations to the public, Defendants did not present an
actual Documentary and did not conduct a “complete reinvestigation starting right from scratch”
based on true facts, “new witnesses,” “new evidence,” and “new theories.”
263. Defendants merely presented the sensational and rejected accusations of Foreign
Faction and the long ago legally rejected accusations of the supermarket tabloids.
264. The sting of Defendants’ Documentary and the allegations supporting that sting
were largely lifted straight from Foreign Faction, in which Kolar praised the assistance provided
by his legal counsel, Thomas B. Kelley, of the firm of Levine Sullivan Koch & Schultz.
265. Mr. Kelley served as co-counsel for Globe International, Inc. and Globe
Communications, Corp. in the successful libel litigation brought on behalf of Burke arising out
of the November 1998 supermarket tabloid accusations against Burke that were strikingly similar
to the accusations published in Foreign Faction and the Documentary.
266. Defendants knew that Foreign Faction was the basis for the Documentary but
failed to disclose that fact to the public as it would have detracted from the compelling but false
storyline that the Documentary was a complete reinvestigation by new experts presenting new
theories based upon new evidence and new witnesses.
267. Defendants knew that the majority of the falsehoods, half-truths, material
witnesses, and theories presented in the Documentary were taken from Foreign Faction and did
not, as represented to the public, result from a complete reinvestigation by new experts.
Page 37 of 113
268. CBS knew that a Documentary rehashing a stale and rejected theory set forth in a
commercially unsuccessful and self-published book would not capture the public’s imagination
and produce the ratings and profits sought by CBS. CBS needed the public to buy into the idea
that the well-trodden Ramsey case was about to be blown wide open with JonBenét’s killer being
publicly revealed by a new reinvestigation, which would solve the twenty-year-old murder
mystery.
269. To accomplish their goals of achieving ratings and profits, Defendants produced
the Documentary to make the false accusations of Foreign Faction appear to be real.
270. Defendants created the illusion of a new, authentic, and real-time reinvestigation
by using individuals with law enforcement credentials as actors to play the role of the Pseudo
Experts and support and act out the accusations of Kolar’s book and the basis supporting its
accusations.
271. Defendants falsely marketed, promoted, and portrayed Clemente, Richards,
Fitzgerald, Kolar, Spitz, and Lee as “independent” experts who were coming together for the
first time in the Documentary and who independently reached the same conclusion.
272. In fact, Kolar had discussed his rejected theory with Fitzgerald and the FBI’s
Behavioral Analysis Unit as early as 2006.
273. Fitzgerald, Clemente, and Stanley all previously worked for the FBI’s Behavioral
Analysis Unit.
274. Upon information and belief, Fitzgerald had discussed Kolar’s theory with
Richards, and Richards agreed to join a team to review the Ransom Note prior to Richards
“putting together this elite and renowned team.”
Page 38 of 113
275. Upon information and belief, Kolar had discussed his theory and Spitz’s flashlight
theory with Spitz prior to Richards “putting together this elite and renowned team.”
276. Kolar relied extensively on Spitz and Lee in writing Foreign Faction.
277. Defendants knew, before undertaking any purported “complete reinvestigation,”
that Kolar would accuse Burke of killing JonBenét and John of covering it up.
278. Defendants hired Clemente, Richards, Fitzgerald, Stanley, Spitz, and Lee because
they were familiar with and/or collaborated on various aspects of Kolar’s “Burke-did-it”
explanation, well in advance of the Documentary and its purported “complete reinvestigation.”
279. Defendants hired Fitzgerald, Clemente, and Richards because Defendants knew,
before conducting any “complete reinvestigation,” that they would accuse Burke of killing
JonBenét and John of covering it up.
280. Defendants hired Spitz and Lee because Kolar had previously relied on their
theories to support his false accusation against Burke.
281. According to Foreign Faction, Kolar had spoken on many occasions with the
FBI’s Behavioral Analysis Unit, and Fitzgerald in particular, regarding his Burke-did-it-theory
between 2006 and 2012. See Foreign Faction, pp. 364-367.
282. And according to Kolar, “Fitzgerald was very interested in [Kolar’s] theory,”
“wanted to know if [Kolar would] be willing to come to Quantico to share it with members of his
team,” “[Fitzgerald] offer[ed] to put together a small team of forensic linguistic experts from
around the nation to take another objective look at the ransom note,” and that “[o]ne of his peers
from the United Kingdom had volunteered to participate as well.” Id. at 366-367.
283. Upon information and belief, Fitzgerald’s purported team of forensic linguistic
experts included Clemente, Richards, and Stanley.
Page 39 of 113
284. Kolar even wrote a letter dated January 1, 2007, to Colorado Governor Bill
Owens requesting that “consideration be given to inviting the FBI’s Behavioral Analysis Unit to
participate in the examination of this new evidence and case theory.” Id. at 380-381.
285. Clemente, Fitzgerald, and Stanley are former co-workers.
286. Clemente, Fitzgerald, and Richards are current co-workers. The three of them are
key employees at a production company called X-G Productions LA, Inc. (“X-G Productions”).
287. X-G Productions consults on and produces fictional crime films and TV shows.
See http://www.xgproductions.com/.
288. X-G Productions’ slogan is “authenticity.” Id.
289. X-G Productions’ expertise is to portray fictional crime stories to make them
appear real to television and movie viewers.
290. X-G Productions works on an array of fictional crime shows and movies,
including Criminal Minds, Blindspot, Quantico, Sleepy Hollow, NCIS, The Americans, Person
of Interest, True Detective, Smokin’ Acees 2 Assassins’ Ball, The Closer, and King & Maxwell.
291. X-G Productions also employs Aliza Rosen (“Rosen”) as its Chief Content
Officer.
292. The Documentary credits Clemente, Richards, and Rosen for its “Concept” and as
its Co-Executive Producers.
293. Prior to the commencement of the phony reinvestigation, Defendants had their
“concept” and the seven so-called “independent experts” who had agreed to act out Foreign
Faction under the guise of engaging in a legitimate reinvestigation: one “expert” who was the
only person connected in any manner to the investigation to have suggested that Burke was the
killer; one “expert” who was an FBI linguist known to have consulted on and supported Kolar’s
Page 40 of 113
theory for years; three “experts” who were the linguist’s past and current co-workers with whom
he shared Kolar’s theory; and two “experts” relied on by Kolar to support his theory.
294. Defendants’ promotions and representations concerning the new, complete
reinvestigation that would reveal the killer were hugely successful, as Defendants’ accusation
against Burke and John was a worldwide shout of guilty by CBS – the Tiffany Network. The
media, in headline after headline, article after article, and social media post after social media
post repeated and republished the CBS shout of guilty: CBS says Burke killed JonBenét and
her parents covered it up.
295. No longer were the false accusations against Burke and John emanating from the
netherworld of Ramsey conspiracy theorists or from the pages of the supermarket tabloids or
from the pages of a self-published book rejected by law enforcement and the mainstream media.
Now CBS – the most respected name in broadcast news and the network of Murrow, Cronkite,
and Wallace – placed the full power and credibility of its brand and its reputation for integrity
solidly behind the accusation that Burke killed his sister and John covered it up by, among other
things, strangling his daughter to death.
PART THREE: THE BROADCAST OF THE CASE OF: JONBENÉT RAMSEY
A. Defendants and Their Purported Fields of Expertise
296. At the beginning of the Documentary, Defendants introduced their team of so
called “world renowned” “experts”: Clemente, Richards, Fitzgerald, Kolar, Stanley, Spitz, and
Lee – i.e., the Pseudo-Experts.
297. The Documentary described Clemente as, among other things, a “Retired FBI
Profiler,” an “expert in the areas of child sex crimes, child abductions, and child homicides,” and
a former member of “the FBI’s Behavioral Analysis Unit.”
Page 41 of 113
298. Clemente currently works for X-G Productions as a writer and co-producer of
fictional crime series and films.
299. The Documentary did not disclose Clemente’s connection to X-G Productions.
300. The Documentary described Richards as a “Criminal Behavioral Analyst”
“trained by New Scotland Yard and the FBI.”
301. Richards currently works for X-G Productions as a co-producer of fictional crime
series and films.
302. The Documentary did not disclose Richards’ connection to X-G Productions and
Clemente.
303. The Documentary describes Fitzgerald as a “Profiler,” “Forensic Linguist,” and “a
former police officer too.”
304. Like Clemente, Fitzgerald was also a member of the FBI’s Behavioral Analysis
Unit.
305. Fitzgerald currently works for X-G Productions as a co-producer of fictional
crime series and films.
306. The Documentary did not disclose that Fitzgerald worked for the FBI’s
Behavioral Analysis Unit, his connection to X-G Productions, or his connections to Clemente
and Richards.
307. Stanley was also a member of the FBI’s Behavioral Analysis Unit.
308. The Documentary did not disclose that Stanley was a member of the FBI’s
Behavioral Analysis Unit or his connection to Clemente and Fitzgerald.
309. The Documentary described Kolar as an “Investigator for the Boulder D.A.” and
“Chief of Telluride Marshall’s Department.”
Page 42 of 113
310. According to his book, Kolar became familiar with the FBI’s Behavioral Analysis
Unit and Fitzgerald while corresponding with the FBI’s Behavioral Analysis Unit regarding his
Burke-did-it theory.
311. The Documentary did not disclose that Kolar authored Foreign Faction or his
connections to the FBI’s Behavioral Analysis Unit and Fitzgerald.
312. The Documentary described Spitz as a “Forensic Pathologist” who consulted on
the “JFK Autopsy” and “MLK Assassination.”
313. Federal judges have referred to Spitz as “not useful or credible,” and his opinions
as “simplistic and preposterous.” Spitz once provided dubious testimony about a man’s cause of
death to support his paying client, even though his testimony explicitly contradicted his own
treatise.
314. Kolar relied heavily on Spitz to support his theory in Foreign Faction.
315. Spitz has a long history of using his résumé to interject himself into high profile
cases for money and publicity.
316. The Documentary described Lee as a “world renowned criminalist,” “Forensic
Scientist,” and a “Pathologist.”
317. Kolar relied heavily on Lee to support his theory in Foreign Faction.
318. Lee has a long history of using his résumé to interject himself into high profile
cases for money and publicity.
319. The Documentary did not disclose that Kolar relied on Spitz and Lee in his book,
Foreign Faction.
Page 43 of 113
320. Despite these connections, Defendants consciously conveyed to the viewers that
these seven “experts” were independent and came together to conduct a complete and legitimate
investigation – the first of its kind.
It explains who did what to whom and when and how.
That’s why the case was inconclusive until today.
Cold case homicide investigations many times are at an advantage. People wouldn’t talk before and now they’d talk to us. Technology has advanced. Criminal behavioral analysis has advanced. All these things coming together helped us find new evidence and helped us better understand the evidence from before. Our team got together, we argued it out, and we came up with one comprehensive theory.
Hopefully that documentary will build enough groundswell support to get the District Attorney’s office to resolve the case.
See http://www.smh.com.au/entertainment/tv-a...docuseries
will-name-new-suspect-says-retired-fbi-agent-jim-clemente-20160919-grjj11.html.
252. Clemente made the following claims published by Mirror: “We all came to one
complete theory that explains everything that happened,” and “[t]he world has heard so many
false rumors. The people of the community need to know the truth so they can put pressure on
the district attorney.” See http://www.mirror.co.uk/tv/tv-news/JonBe...sey-theory
explains-everything-8867093.
253. Clemente also claimed on a CBS interview that “we are confident that the team of
experts we put together will move this case forward so that there will be justice for JonBenét,”
and “if you watch the show . . . we have some very strong conclusions about what happened that
day to JonBenét Ramsey.” See http://amp.cbslocal.com/video/category/i...504304-jim
clemente-tom-forman-discuss-JonBenét-ramsey-docuseries/.
Page 35 of 113
254. In the same interview, Tom Forman promoted the Documentary’s team of
independent experts and their purported independent yet identical conclusion:
[A] team of the best investigators in the world – it’s Henry Lee and Werner Spitz, these guys are world-class at what they do – spent the summer reinvestigating this case, and independently, each one of them reaches the same conclusion: that there is only one way this could have gone down.
255. When Fitzgerald was promoting the Documentary, he proclaimed “we solved it.”
See http://www.eonline.com/news/795944/the-c...the-murder
but-no-one-will-be-arrested-here-s-why.
256. According to Fitzgerald, “[y]ou will learn a lot and you will be, I’m pretty sure,
convinced who killed JonBenét Ramsey.” Originally published at
http://highlighthollywood.com/2016/10/bu...-following
outrageous-JonBenét-death-accusations/.
257. While Richards was promoting the Documentary, she stated that they “tested
every hypothesis.” See http://extratv.com/videos/0-98uf19sb/.
C. Defendants Based the Documentary on Foreign Faction
258. Foreign Faction was the primary source for Defendants’ script.
259. A copy of Foreign Faction can be seen thoroughly tabbed on various occasions in
the Documentary, particularly when Clemente, the leader of the Pseudo-Experts, is in the frame.
260. Defendants’ fraud on the viewers kicks off in the first three minutes of the
Documentary when Clemente proclaims, “what we need to do is a complete reinvestigation
starting right from scratch.” At that exact moment, the television frame shows a copy of Kolar’s
Foreign Faction on the war room table – unintentionally but accurately revealing the script for
the preconceived storyline of the Documentary. A copy of this television frame showing
Foreign Faction is attached hereto as Exhibit G.
Page 36 of 113
261. Rather than conducting a “complete reinvestigation starting right from scratch,”
Pseudo-Expert Clemente made thorough notes on Pseudo-Expert’s Kolar purported investigation
that was the basis of his self-published 2012 book, Foreign Faction.
262. Contrary to their representations to the public, Defendants did not present an
actual Documentary and did not conduct a “complete reinvestigation starting right from scratch”
based on true facts, “new witnesses,” “new evidence,” and “new theories.”
263. Defendants merely presented the sensational and rejected accusations of Foreign
Faction and the long ago legally rejected accusations of the supermarket tabloids.
264. The sting of Defendants’ Documentary and the allegations supporting that sting
were largely lifted straight from Foreign Faction, in which Kolar praised the assistance provided
by his legal counsel, Thomas B. Kelley, of the firm of Levine Sullivan Koch & Schultz.
265. Mr. Kelley served as co-counsel for Globe International, Inc. and Globe
Communications, Corp. in the successful libel litigation brought on behalf of Burke arising out
of the November 1998 supermarket tabloid accusations against Burke that were strikingly similar
to the accusations published in Foreign Faction and the Documentary.
266. Defendants knew that Foreign Faction was the basis for the Documentary but
failed to disclose that fact to the public as it would have detracted from the compelling but false
storyline that the Documentary was a complete reinvestigation by new experts presenting new
theories based upon new evidence and new witnesses.
267. Defendants knew that the majority of the falsehoods, half-truths, material
witnesses, and theories presented in the Documentary were taken from Foreign Faction and did
not, as represented to the public, result from a complete reinvestigation by new experts.
Page 37 of 113
268. CBS knew that a Documentary rehashing a stale and rejected theory set forth in a
commercially unsuccessful and self-published book would not capture the public’s imagination
and produce the ratings and profits sought by CBS. CBS needed the public to buy into the idea
that the well-trodden Ramsey case was about to be blown wide open with JonBenét’s killer being
publicly revealed by a new reinvestigation, which would solve the twenty-year-old murder
mystery.
269. To accomplish their goals of achieving ratings and profits, Defendants produced
the Documentary to make the false accusations of Foreign Faction appear to be real.
270. Defendants created the illusion of a new, authentic, and real-time reinvestigation
by using individuals with law enforcement credentials as actors to play the role of the Pseudo
Experts and support and act out the accusations of Kolar’s book and the basis supporting its
accusations.
271. Defendants falsely marketed, promoted, and portrayed Clemente, Richards,
Fitzgerald, Kolar, Spitz, and Lee as “independent” experts who were coming together for the
first time in the Documentary and who independently reached the same conclusion.
272. In fact, Kolar had discussed his rejected theory with Fitzgerald and the FBI’s
Behavioral Analysis Unit as early as 2006.
273. Fitzgerald, Clemente, and Stanley all previously worked for the FBI’s Behavioral
Analysis Unit.
274. Upon information and belief, Fitzgerald had discussed Kolar’s theory with
Richards, and Richards agreed to join a team to review the Ransom Note prior to Richards
“putting together this elite and renowned team.”
Page 38 of 113
275. Upon information and belief, Kolar had discussed his theory and Spitz’s flashlight
theory with Spitz prior to Richards “putting together this elite and renowned team.”
276. Kolar relied extensively on Spitz and Lee in writing Foreign Faction.
277. Defendants knew, before undertaking any purported “complete reinvestigation,”
that Kolar would accuse Burke of killing JonBenét and John of covering it up.
278. Defendants hired Clemente, Richards, Fitzgerald, Stanley, Spitz, and Lee because
they were familiar with and/or collaborated on various aspects of Kolar’s “Burke-did-it”
explanation, well in advance of the Documentary and its purported “complete reinvestigation.”
279. Defendants hired Fitzgerald, Clemente, and Richards because Defendants knew,
before conducting any “complete reinvestigation,” that they would accuse Burke of killing
JonBenét and John of covering it up.
280. Defendants hired Spitz and Lee because Kolar had previously relied on their
theories to support his false accusation against Burke.
281. According to Foreign Faction, Kolar had spoken on many occasions with the
FBI’s Behavioral Analysis Unit, and Fitzgerald in particular, regarding his Burke-did-it-theory
between 2006 and 2012. See Foreign Faction, pp. 364-367.
282. And according to Kolar, “Fitzgerald was very interested in [Kolar’s] theory,”
“wanted to know if [Kolar would] be willing to come to Quantico to share it with members of his
team,” “[Fitzgerald] offer[ed] to put together a small team of forensic linguistic experts from
around the nation to take another objective look at the ransom note,” and that “[o]ne of his peers
from the United Kingdom had volunteered to participate as well.” Id. at 366-367.
283. Upon information and belief, Fitzgerald’s purported team of forensic linguistic
experts included Clemente, Richards, and Stanley.
Page 39 of 113
284. Kolar even wrote a letter dated January 1, 2007, to Colorado Governor Bill
Owens requesting that “consideration be given to inviting the FBI’s Behavioral Analysis Unit to
participate in the examination of this new evidence and case theory.” Id. at 380-381.
285. Clemente, Fitzgerald, and Stanley are former co-workers.
286. Clemente, Fitzgerald, and Richards are current co-workers. The three of them are
key employees at a production company called X-G Productions LA, Inc. (“X-G Productions”).
287. X-G Productions consults on and produces fictional crime films and TV shows.
See http://www.xgproductions.com/.
288. X-G Productions’ slogan is “authenticity.” Id.
289. X-G Productions’ expertise is to portray fictional crime stories to make them
appear real to television and movie viewers.
290. X-G Productions works on an array of fictional crime shows and movies,
including Criminal Minds, Blindspot, Quantico, Sleepy Hollow, NCIS, The Americans, Person
of Interest, True Detective, Smokin’ Acees 2 Assassins’ Ball, The Closer, and King & Maxwell.
291. X-G Productions also employs Aliza Rosen (“Rosen”) as its Chief Content
Officer.
292. The Documentary credits Clemente, Richards, and Rosen for its “Concept” and as
its Co-Executive Producers.
293. Prior to the commencement of the phony reinvestigation, Defendants had their
“concept” and the seven so-called “independent experts” who had agreed to act out Foreign
Faction under the guise of engaging in a legitimate reinvestigation: one “expert” who was the
only person connected in any manner to the investigation to have suggested that Burke was the
killer; one “expert” who was an FBI linguist known to have consulted on and supported Kolar’s
Page 40 of 113
theory for years; three “experts” who were the linguist’s past and current co-workers with whom
he shared Kolar’s theory; and two “experts” relied on by Kolar to support his theory.
294. Defendants’ promotions and representations concerning the new, complete
reinvestigation that would reveal the killer were hugely successful, as Defendants’ accusation
against Burke and John was a worldwide shout of guilty by CBS – the Tiffany Network. The
media, in headline after headline, article after article, and social media post after social media
post repeated and republished the CBS shout of guilty: CBS says Burke killed JonBenét and
her parents covered it up.
295. No longer were the false accusations against Burke and John emanating from the
netherworld of Ramsey conspiracy theorists or from the pages of the supermarket tabloids or
from the pages of a self-published book rejected by law enforcement and the mainstream media.
Now CBS – the most respected name in broadcast news and the network of Murrow, Cronkite,
and Wallace – placed the full power and credibility of its brand and its reputation for integrity
solidly behind the accusation that Burke killed his sister and John covered it up by, among other
things, strangling his daughter to death.
PART THREE: THE BROADCAST OF THE CASE OF: JONBENÉT RAMSEY
A. Defendants and Their Purported Fields of Expertise
296. At the beginning of the Documentary, Defendants introduced their team of so
called “world renowned” “experts”: Clemente, Richards, Fitzgerald, Kolar, Stanley, Spitz, and
Lee – i.e., the Pseudo-Experts.
297. The Documentary described Clemente as, among other things, a “Retired FBI
Profiler,” an “expert in the areas of child sex crimes, child abductions, and child homicides,” and
a former member of “the FBI’s Behavioral Analysis Unit.”
Page 41 of 113
298. Clemente currently works for X-G Productions as a writer and co-producer of
fictional crime series and films.
299. The Documentary did not disclose Clemente’s connection to X-G Productions.
300. The Documentary described Richards as a “Criminal Behavioral Analyst”
“trained by New Scotland Yard and the FBI.”
301. Richards currently works for X-G Productions as a co-producer of fictional crime
series and films.
302. The Documentary did not disclose Richards’ connection to X-G Productions and
Clemente.
303. The Documentary describes Fitzgerald as a “Profiler,” “Forensic Linguist,” and “a
former police officer too.”
304. Like Clemente, Fitzgerald was also a member of the FBI’s Behavioral Analysis
Unit.
305. Fitzgerald currently works for X-G Productions as a co-producer of fictional
crime series and films.
306. The Documentary did not disclose that Fitzgerald worked for the FBI’s
Behavioral Analysis Unit, his connection to X-G Productions, or his connections to Clemente
and Richards.
307. Stanley was also a member of the FBI’s Behavioral Analysis Unit.
308. The Documentary did not disclose that Stanley was a member of the FBI’s
Behavioral Analysis Unit or his connection to Clemente and Fitzgerald.
309. The Documentary described Kolar as an “Investigator for the Boulder D.A.” and
“Chief of Telluride Marshall’s Department.”
Page 42 of 113
310. According to his book, Kolar became familiar with the FBI’s Behavioral Analysis
Unit and Fitzgerald while corresponding with the FBI’s Behavioral Analysis Unit regarding his
Burke-did-it theory.
311. The Documentary did not disclose that Kolar authored Foreign Faction or his
connections to the FBI’s Behavioral Analysis Unit and Fitzgerald.
312. The Documentary described Spitz as a “Forensic Pathologist” who consulted on
the “JFK Autopsy” and “MLK Assassination.”
313. Federal judges have referred to Spitz as “not useful or credible,” and his opinions
as “simplistic and preposterous.” Spitz once provided dubious testimony about a man’s cause of
death to support his paying client, even though his testimony explicitly contradicted his own
treatise.
314. Kolar relied heavily on Spitz to support his theory in Foreign Faction.
315. Spitz has a long history of using his résumé to interject himself into high profile
cases for money and publicity.
316. The Documentary described Lee as a “world renowned criminalist,” “Forensic
Scientist,” and a “Pathologist.”
317. Kolar relied heavily on Lee to support his theory in Foreign Faction.
318. Lee has a long history of using his résumé to interject himself into high profile
cases for money and publicity.
319. The Documentary did not disclose that Kolar relied on Spitz and Lee in his book,
Foreign Faction.
Page 43 of 113
320. Despite these connections, Defendants consciously conveyed to the viewers that
these seven “experts” were independent and came together to conduct a complete and legitimate
investigation – the first of its kind.