03-21-2017, 09:48 PM
M. Defendants Set the Stage for Their Preposterous Theory that Burke Killed
JonBenét for Taking His Pineapple
640. Defendants absurdly claim that Burke knew that the pineapple is the smoking gun
for this crime, and that he then successfully deceived law enforcement as to his knowledge.
Page 95 of 108
641. The false and defamatory gist of this section is that Burke killed JonBenét after
becoming enraged when she took a piece of his pineapple without asking, lied to investigators,
and was complicit in the cover-up of JonBenét’s death.
642. Defendants attempt to support this preconceived gist by reviewing pre-selected
excerpts from Burke’s interview with Boulder PD Detective Schuler eighteen months after
JonBenét’s death (the “Schuler Interview”).
643. Defendants use the Schuler Interview to set the stage for their knowingly false,
defamatory, and purely speculative accusation that Burke killed JonBenét over a piece of
pineapple and then stabbed her with his toy train track. These theories are taken straight from
Foreign Faction. See, e.g., pp. 65, 343, 384-385.
644. Defendants go so far as to make the inherently improbable assertion that during
the Schuler Interview, Burke is “aware that that piece of pineapple in JonBenét’s stomach
actually creates a major problem in terms of the timeline of when and how she was killed.”
645. Defendants knowingly fail to disclose that they have no basis whatsoever to assert
that Burke, at eleven-years-old, is playing a high-stakes game of cat and mouse with Detective
Schuler.
646. In this segment, Defendants continue to cast a shadow over Burke’s alleged
improper behavior during interviews.
647. For instance, Clemente claims that Burke is “acting like a smart aleck here, like
I’m smart and I’m proud of myself.” Clemente’s knowingly false and defamatory implication is
that Burke is proud of himself for outsmarting law enforcement by hiding that he killed
JonBenét.
Page 96 of 108
648. Clemente also falsely accuses Burke of deception because he “oversell[s]” when
he states “I always sleep really deeply and I can never hear anything.”
649. Defendants then use two topics raised by Detective Schuler as a springboard for
two key aspects of their version of events: the purported pineapple in JonBenét’s lower intestine
and Burke’s toy train track.
650. For instance, Defendants show an excerpt of Burke responding yes to Detective
Schuler’s question about JonBenét liking pineapple, and then Defendants pounce. Defendants
make the false and defamatory accusation that Burke lost his temper and bludgeoned JonBenét
with a flashlight because she at a piece of his pineapple.
651. Defendants then preface their wildly false and speculative conclusion by stating
that the pineapple issue “might look quite innocuous and inconsequential but it also tells us a lot
about what probably went on” that night.
652. Defendants knowingly and falsely claim that the pineapple “gives us a possible
timeline,” because “the pineapple was ingested subsequently” to the Ramseys returning home
from dinner at the Whites.
653. Defendants conjecture is particularly far reaching in this segment. Spitz
extrapolates from his “three children” in order to accuse Burke of killing JonBenét:
Clemente: But it’s certainly reasonable to believe that JonBenét may have snatched one
piece.
Spitz: Right, directly with her fingers. For estimating time of death, this is important.
Clemente: Isn’t it possible that JonBenét came down and saw that Burke was eating this,
and took one piece? She didn’t touch the bowl, she didn’t touch the spoon—
Spitz: You know, I have three grandchildren myself. Kids will do that. They’ll go by and
pick out a piece with their fingers.
Page 97 of 108
654. To convince their audience that their rampant speculation is accurate, Defendants
splice in a clip of a blonde girl stealing a piece of pineapple from a young boy, who, in turn,
violently grabs the girl by the wrist.
655. Upon information and belief, Defendants had actual knowledge and failed to
disclose that a Boulder PD analysis after the autopsy determined that JonBenét’s small intestine
had the remnants cherries, grapes, and pineapple—common fruit cocktail ingredients. Yet,
because the presence of cherries and grapes completely undermines Defendants’ series of events,
Defendants consciously fail to share their knowledge with the viewer. Instead, Spitz merely asks
“Did the pathology report indicate what the pineapple looked like, or the gastric contents?”
656. Further, Spitz is aware that the presence of the fruit cocktail in JonBenét’s
stomach does not establish a concrete timeline from which investigators may glean her time of
death, and that the minimum amount of time it would require for the fruit to get to JonBenét’s
lower intestine undermines the theory that it “started the cascade of the rest of events that
happened on the day she died.”
657. Defendants also knowingly failed to disclose that the amount of time it would
have taken the pineapple to travel to JonBenét’s small intestine is fundamentally inconsistent
with the Burke-did-it accusation.
658. Defendants then note that while Burke and Patsy’s fingertips are on the bowl of
pineapple, JonBenét’s are not. This is explainable, Defendants speculate, because she must have
only taken “one piece” but “didn’t touch the bowl” or “touch the spoon.”
659. Defendants have no factual basis for speculating that JonBenét took a piece of
Burke’s pineapple, much less that her fingerprints are not present on Defendants’ purported
smoking gun because she only “snatched one piece.”
Page 98 of 108
660. The fact JonBenét’s fingerprints are not on the bowl of pineapple or the spoon is
actually strong evidence that she did not eat the pineapple from the bowl.
661. Upon information and belief, Defendants knowingly failed to disclose that there
was more than one piece of fruit in JonBenét’s digestive tract.
662. Upon information and belief, Defendants knowingly failed to disclose that there
was more than one type of fruit in JonBenét’s digestive tract.
663. Defendants next use a clip of Burke affirming that he had an electric train set to
Schuler as an opportunity to replace the stun gun with Burke’s toy train. “It was an incredible
discovery, to find a toy in the house that could have been responsible for these injuries. . . . An
adult would have been calling 9-1-1 for an ambulance.”
664. Pseudo-Expert Kolar then repeats his entirely speculative accusation, discussed
above, that Burke used one of his train toys to inflict the supposed stun gun injuries on JonBenét.
See Foreign Faction, pp. 384-385.
N. Defendants Pronouncement that Burke Killed JonBenét
665. After Defendants presented the limited “evidence” they could muster against
Burke, Defendants announced the conclusion of their “complete reinvestigation” in rapid-fire
succession.
666. The inescapable false and defamatory conclusion of this final segment is that
Burke killed JonBenét.
667. Defendants began this segment with Clemente proclaiming their goal:
Now that we’ve been investigating for months, we’ve been working together as a
team, I think we need to actually try to piece together everything that happened.
Anybody who does a legitimate investigation will look at all the evidence and see
where that evidence takes you. So we have to test every theory and the ones that
remain, are the ones that are supported by the evidence.
Page 99 of 108
668. Defendants first agreed quickly and with little examination—correctly—that
neither John or Patsy killed JonBenét.
669. Defendants then declared that there was no intruder: “I don’t think the evidence
that stands up to scientific or behavioral scrutiny indicates that somebody came in from outside
that home and killed JonBenét.”
670. Defendants falsely attacked the intruder theory by proclaiming “that the DNA
evidence in this case is totally erroneous” and there is “really no sexual assault here.”
671. Richards then invited Kolar to share what he believes happened that night, as
though she did not already know: “James, I’m interested to know what exactly you think
happened in the house that night.”
672. Kolar then stated the grand accusation against Burke—the same one from Foreign
Faction:
My hypothesis was that I think the Ramseys came home around 9:30, 10:00
o’clock. I think JonBenét was asleep. I think John did carry her upstairs. Patsy
remained downstairs with Burke and served him the tea and the pineapple. I think
that accounts for the physical evidence as well as the latent prints. Then I think
she got JonBenét up to make sure she used the toilet so she didn’t wet the bed that
night. JonBenét was up, she may or may not have brushed her teeth. That stuff
was out on the counter. And then I think she was up and awake enough, but she
maybe was still hungry and went downstairs. In the meantime, Patsy continued
packing for the Michigan trip. I think if Burke was upset about circumstances or
Christmas presents, he probably would’ve been upset about her trying to snag a
piece of pineapple. Out of anger he may have struck her with that flashlight.
673. Without further discussion, the remaining five Pseudo-Experts unanimously
agreed with Kolar’s accusation that Burke killed JonBenét with the Flashlight over a piece of
pineapple:
Spitz: “I think we all agree on that.”
Clemente: “Yeah.”
Page 100 of 108
JonBenét for Taking His Pineapple
640. Defendants absurdly claim that Burke knew that the pineapple is the smoking gun
for this crime, and that he then successfully deceived law enforcement as to his knowledge.
Page 95 of 108
641. The false and defamatory gist of this section is that Burke killed JonBenét after
becoming enraged when she took a piece of his pineapple without asking, lied to investigators,
and was complicit in the cover-up of JonBenét’s death.
642. Defendants attempt to support this preconceived gist by reviewing pre-selected
excerpts from Burke’s interview with Boulder PD Detective Schuler eighteen months after
JonBenét’s death (the “Schuler Interview”).
643. Defendants use the Schuler Interview to set the stage for their knowingly false,
defamatory, and purely speculative accusation that Burke killed JonBenét over a piece of
pineapple and then stabbed her with his toy train track. These theories are taken straight from
Foreign Faction. See, e.g., pp. 65, 343, 384-385.
644. Defendants go so far as to make the inherently improbable assertion that during
the Schuler Interview, Burke is “aware that that piece of pineapple in JonBenét’s stomach
actually creates a major problem in terms of the timeline of when and how she was killed.”
645. Defendants knowingly fail to disclose that they have no basis whatsoever to assert
that Burke, at eleven-years-old, is playing a high-stakes game of cat and mouse with Detective
Schuler.
646. In this segment, Defendants continue to cast a shadow over Burke’s alleged
improper behavior during interviews.
647. For instance, Clemente claims that Burke is “acting like a smart aleck here, like
I’m smart and I’m proud of myself.” Clemente’s knowingly false and defamatory implication is
that Burke is proud of himself for outsmarting law enforcement by hiding that he killed
JonBenét.
Page 96 of 108
648. Clemente also falsely accuses Burke of deception because he “oversell[s]” when
he states “I always sleep really deeply and I can never hear anything.”
649. Defendants then use two topics raised by Detective Schuler as a springboard for
two key aspects of their version of events: the purported pineapple in JonBenét’s lower intestine
and Burke’s toy train track.
650. For instance, Defendants show an excerpt of Burke responding yes to Detective
Schuler’s question about JonBenét liking pineapple, and then Defendants pounce. Defendants
make the false and defamatory accusation that Burke lost his temper and bludgeoned JonBenét
with a flashlight because she at a piece of his pineapple.
651. Defendants then preface their wildly false and speculative conclusion by stating
that the pineapple issue “might look quite innocuous and inconsequential but it also tells us a lot
about what probably went on” that night.
652. Defendants knowingly and falsely claim that the pineapple “gives us a possible
timeline,” because “the pineapple was ingested subsequently” to the Ramseys returning home
from dinner at the Whites.
653. Defendants conjecture is particularly far reaching in this segment. Spitz
extrapolates from his “three children” in order to accuse Burke of killing JonBenét:
Clemente: But it’s certainly reasonable to believe that JonBenét may have snatched one
piece.
Spitz: Right, directly with her fingers. For estimating time of death, this is important.
Clemente: Isn’t it possible that JonBenét came down and saw that Burke was eating this,
and took one piece? She didn’t touch the bowl, she didn’t touch the spoon—
Spitz: You know, I have three grandchildren myself. Kids will do that. They’ll go by and
pick out a piece with their fingers.
Page 97 of 108
654. To convince their audience that their rampant speculation is accurate, Defendants
splice in a clip of a blonde girl stealing a piece of pineapple from a young boy, who, in turn,
violently grabs the girl by the wrist.
655. Upon information and belief, Defendants had actual knowledge and failed to
disclose that a Boulder PD analysis after the autopsy determined that JonBenét’s small intestine
had the remnants cherries, grapes, and pineapple—common fruit cocktail ingredients. Yet,
because the presence of cherries and grapes completely undermines Defendants’ series of events,
Defendants consciously fail to share their knowledge with the viewer. Instead, Spitz merely asks
“Did the pathology report indicate what the pineapple looked like, or the gastric contents?”
656. Further, Spitz is aware that the presence of the fruit cocktail in JonBenét’s
stomach does not establish a concrete timeline from which investigators may glean her time of
death, and that the minimum amount of time it would require for the fruit to get to JonBenét’s
lower intestine undermines the theory that it “started the cascade of the rest of events that
happened on the day she died.”
657. Defendants also knowingly failed to disclose that the amount of time it would
have taken the pineapple to travel to JonBenét’s small intestine is fundamentally inconsistent
with the Burke-did-it accusation.
658. Defendants then note that while Burke and Patsy’s fingertips are on the bowl of
pineapple, JonBenét’s are not. This is explainable, Defendants speculate, because she must have
only taken “one piece” but “didn’t touch the bowl” or “touch the spoon.”
659. Defendants have no factual basis for speculating that JonBenét took a piece of
Burke’s pineapple, much less that her fingerprints are not present on Defendants’ purported
smoking gun because she only “snatched one piece.”
Page 98 of 108
660. The fact JonBenét’s fingerprints are not on the bowl of pineapple or the spoon is
actually strong evidence that she did not eat the pineapple from the bowl.
661. Upon information and belief, Defendants knowingly failed to disclose that there
was more than one piece of fruit in JonBenét’s digestive tract.
662. Upon information and belief, Defendants knowingly failed to disclose that there
was more than one type of fruit in JonBenét’s digestive tract.
663. Defendants next use a clip of Burke affirming that he had an electric train set to
Schuler as an opportunity to replace the stun gun with Burke’s toy train. “It was an incredible
discovery, to find a toy in the house that could have been responsible for these injuries. . . . An
adult would have been calling 9-1-1 for an ambulance.”
664. Pseudo-Expert Kolar then repeats his entirely speculative accusation, discussed
above, that Burke used one of his train toys to inflict the supposed stun gun injuries on JonBenét.
See Foreign Faction, pp. 384-385.
N. Defendants Pronouncement that Burke Killed JonBenét
665. After Defendants presented the limited “evidence” they could muster against
Burke, Defendants announced the conclusion of their “complete reinvestigation” in rapid-fire
succession.
666. The inescapable false and defamatory conclusion of this final segment is that
Burke killed JonBenét.
667. Defendants began this segment with Clemente proclaiming their goal:
Now that we’ve been investigating for months, we’ve been working together as a
team, I think we need to actually try to piece together everything that happened.
Anybody who does a legitimate investigation will look at all the evidence and see
where that evidence takes you. So we have to test every theory and the ones that
remain, are the ones that are supported by the evidence.
Page 99 of 108
668. Defendants first agreed quickly and with little examination—correctly—that
neither John or Patsy killed JonBenét.
669. Defendants then declared that there was no intruder: “I don’t think the evidence
that stands up to scientific or behavioral scrutiny indicates that somebody came in from outside
that home and killed JonBenét.”
670. Defendants falsely attacked the intruder theory by proclaiming “that the DNA
evidence in this case is totally erroneous” and there is “really no sexual assault here.”
671. Richards then invited Kolar to share what he believes happened that night, as
though she did not already know: “James, I’m interested to know what exactly you think
happened in the house that night.”
672. Kolar then stated the grand accusation against Burke—the same one from Foreign
Faction:
My hypothesis was that I think the Ramseys came home around 9:30, 10:00
o’clock. I think JonBenét was asleep. I think John did carry her upstairs. Patsy
remained downstairs with Burke and served him the tea and the pineapple. I think
that accounts for the physical evidence as well as the latent prints. Then I think
she got JonBenét up to make sure she used the toilet so she didn’t wet the bed that
night. JonBenét was up, she may or may not have brushed her teeth. That stuff
was out on the counter. And then I think she was up and awake enough, but she
maybe was still hungry and went downstairs. In the meantime, Patsy continued
packing for the Michigan trip. I think if Burke was upset about circumstances or
Christmas presents, he probably would’ve been upset about her trying to snag a
piece of pineapple. Out of anger he may have struck her with that flashlight.
673. Without further discussion, the remaining five Pseudo-Experts unanimously
agreed with Kolar’s accusation that Burke killed JonBenét with the Flashlight over a piece of
pineapple:
Spitz: “I think we all agree on that.”
Clemente: “Yeah.”
Page 100 of 108