Justice Watch Discussion Board "Ramseys Sue WINDSOR HOUSE" [ Main ] [ Post New Thread ] [ Help ] [ Search ] Table of Contents ................................................................... Ramseys Sue WINDSOR HOUSE, New York Lawyer, 16:19:28, 5/09/2000 $ hungry , moon, 16:27:07, 5/09/2000, (#1) NYL, Kelly, 16:45:25, 5/09/2000, (#2) Thanks, NYL, shadow, 16:51:24, 5/09/2000, (#3) Who's Next?, canadiana, 16:51:42, 5/09/2000, (#4) not Geraldo, Edie Pratt, 17:00:12, 5/09/2000, (#5) I'll take a guess, Kelly, 17:10:09, 5/09/2000, (#6) Doe, Denver, 17:18:58, 5/09/2000, (#7) This is unbelieveable, Ribaldone, 17:52:01, 5/09/2000, (#9) for a change, docg, 17:40:45, 5/09/2000, (#8) Barf, Woby, 18:25:16, 5/09/2000, (#10) ................................................................... "Ramseys Sue WINDSOR HOUSE" Posted by New York Lawyer on 16:32:46 5/09/2000 NOTE: This message was last edited 16:32:46, 5/09/2000 The Ramseys strike again, this time (5/9) suing Windsor House, publishers of "A Little Girl's Dream" by Eleanor von Duyke and Dwight Wallington in Travis County Texas district court for $11 1/2 million dollars in compensatory and punitive damages for libeling Burke Ramsey. BURKE RAMSEY, A Minor Child, By § IN THE DISTRICT COURT OF His Next Friends and Natural Parents, § JOHN RAMSEY and PATSY RAMSEY, § Plaintiff § § vs. § TRAVIS COUNTY, TEXAS § WINDSOR HOUSE PUBLISHING GROUP, § INC.;WINDSOR-GOLF DISTRIBUTION, § LLC; ELEANOR VON DUYKE; DWIGHT § WALLINGTON; PETER DES CAMPS; § JAMES CONN; JOHN DOE 1 a/k/a "JOHN"; § JOHN DOE 2; and JANE DOE, § Defendants § _____ JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE DISTRICT COURT: Plaintiff, Burke Ramsey, a minor, by his next friends and natural parents, John Ramsey and Patsy Ramsey, files this Plaintiff's Original Petition, complaining of Windsor House Publishing Group, Inc., Windsor-Golf Distribution, LLC, Eleanor Von Duyke, Dwight Wallington, Peter Des Camps, James Conn, John Doe 1 a/k/a "John", John Doe 2, and Jane Doe, Defendants herein. In support of his claim, Plaintiff Burke Ramsey would respectfully show the Court as follows: I. Discovery Control Plan 1. Because of the number of Defendants in this suit, and the anticipated number of witnesses, Plaintiff intends to conduct discovery under Level 3 pursuant to Tex. R. Civ. P. 190.4, which will require a special order from the Court. Plaintiff will propose an appropriate Level 3 Discovery Control Plan for the Court's approval. Until the Court issues such an order, this case may proceed as a Level 2 Discovery Control Plan, pursuant to Tex. R. Civ. P. 190.3. II. Parties Plaintiff 2. Plaintiff Burke Ramsey resides in Atlanta, Georgia with his natural parents. Burke Ramsey, age thirteen (13), is the minor son of John Ramsey and Patsy Ramsey. John Ramsey and Patsy Ramsey, as the natural parents and next friends of Plaintiff Burke Ramsey and pursuant to Tex. R. Civ. P. 44, bring this action on Plaintiff's behalf. Defendants 3. Defendant Windsor House Publishing Group, Inc., ("Windsor House") is a corporation organized and existing under the laws of Texas, with its principal place of business in Austin, Travis County, Texas. Windsor House can be served through its registered agent, Dwight Wallington, at 11901 Hobby Horse Court, Suite 1516, Austin, Texas 78758. 4. Defendant Windsor-Golf Distribution, LLC, ("Windsor-Golf") is a limited liability company organized and existing under the laws of Texas, with its principal place of business in Austin, Travis County, Texas. Windsor-Golf may be served through its registered agent, Reilly Stonecipher, at 1600 San Jacinto Center, 98 San Jacinto, Austin, Texas 78701. 5. Defendant Eleanor Von Duyke ("Von Duyke") is believed to be a resident of Colorado and can be served through the Texas Secretary of State. Tex. Civ. Prac. & Rem. Code § 17.044(b), 17.045(a). For none-resident Defendant Von Duyke, the following applies: (a) the Secretary of State is the agent for service because (b) the non-resident Defendant engaged in business in Texas and committed the tort of libel by publishing in Texas a book containing false and defamatory accusations and statements, (c) the non-resident Defendant does not maintain a regular place of business in Texas, (d) the non-resident does not have a designated agent for service of process, and (e) the lawsuit arises out of the non-resident's business in Texas (i.e., the commission of the tort of libel, under TEX. CIV. PRAC. & REM. CODE ANN. § 17.042). Her address is unknown, however, and service is not necessary at this time. 6. Defendant Dwight Wallington ("Wallington") is a resident of Texas and can be served with process at his place of business at Windsor House Publishing Group, Inc., 11901 Hobby Horse Court, Suite 1516, Austin, Texas 78758. 7. Defendant Peter Des Camps ("Des Camps") is a resident of Travis County, Texas, and can be served at 5114 Balcones Woods Dr., No. 113, Austin, Texas 78759. 8. Defendant James Conn ("Conn") is a resident of Travis County, Texas and can be served at 5827 Tributary Ridge Dr., Austin, Texas 78759. 9. Defendant John Doe 1 a/k/a "John" ("John Doe 1") is believed to be a resident of Travis County, Texas. His identity is not yet known, and service is not necessary at this time. 10. Defendant John Doe 2 ("John Doe 2") is believed to be a resident of Travis County, Texas. His identity is not yet known, and service is not necessary at this time. 11. Defendant Jane Doe ("Jane Doe") is believed to be a resident of Travis County, Texas. Her identity is not yet know, and service is not necessary at this time. II. Jurisdiction and Venue 12. This Court has jurisdiction over all Defendants under Tex. Civ. Prac. & Rem. Code Ann. § 17.042. Venue is proper for this libel action under Tex. Civ. Prac. & Rem. Code Ann. § 15.093. III. Facts A. Background Events 13. On the night of December 25, 1996, or during the early morning hours of December 26, 1996, while Plaintiff Burke Ramsey was sleeping in his family's home in Boulder, Colorado, his six-year-old sister, JonBenét Ramsey, was brutally murdered. 14. At the time of his sister's murder, Plaintiff Burke Ramsey was nine (9) years old. 15. Since the date of her death, the murder of JonBenét Ramsey has been the subject of a massive investigation by law enforcement officials in the State of Colorado, including members of the City of Boulder Police Department and the Boulder County District Attorney's Office. 16. The investigation of the murder of JonBenét Ramsey has included a grand jury investigation in Boulder County, Colorado, commencing in September of 1998 and ending in October of 1999 without criminal charges or indictments being brought against any individual. 17. Since the date of her death, the murder of JonBenét Ramsey and the investigation into her murder have been the objects of local, national and international print and broadcast media coverage of an unparalleled magnitude. 18. As of the date of the filing of this Petition, no criminal charges have been filed against any individual in connection with her tragic, untimely and brutal death. 19. Prior to the murder of his sister, and at all times subsequent thereto, Plaintiff Burke Ramsey has been a private citizen and has never attained the status of public figure for purposes of filing and prosecuting a defamation action. B. Defendants' Libelous Publication 20. Defendants Windsor House, Windsor-Golf, Wallington, Des Camps, and Von Duyke, were searching for a highly profitable publishing project - in Wallington's own words, they were searching for "something major to help us create good, fun literary careers . . . another project that would garner us national exposure and then maybe assure us financial support for the future." Defendants focused on the Ramsey family tragedy and, by adding their own false and twisted conclusions, they turned it into their dream project. 21. Although Boulder officials have not been able to gather enough factual evidence to identify the killer of JonBenét Ramsey, not enough evidence to lead to an indictment nor even enough evidence to lead to an arrest, Defendants published a book naming 9-year-old Burke as the killer. 22. Defendants' book is entitled A Little Girl's Dream? A JonBenet Ramsey Story ("the Book"). 23. Defendants acted both negligently and with actual malice-i.e., in reckless disregard of the truth or falsity of their statements-in reaching their libelous conclusions regarding Plaintiff Burke Ramsey. 24. Defendants worked together as a team to produce the libelous publication. In fact, the Book itself repeatedly refers to "the Team" and identifies the following Defendants as members of the Team: a. Dwight Wallington; b. Eleanor Von Duyke; c. Peter Des Camps; d. James Conn; and e. John Doe No. 1, who is identified in the book only by his first name, "John." (The Book states that "John" refused to release his last name so that he could maintain his privacy. If he and the other Defendants had offered the same respect for privacy to the Ramsey family, this Book would never have been written.) 25. Two additional Defendants are referred to anonymously in the book as contributors to the book's libelous conclusion. They are designated in this lawsuit simply as: a. John Doe No. 2; and b. Jane Doe. 26. The two remaining Defendants are the business entities that published and distributed the Book: a. Windsor House Publishing Group, Inc.; and b. Windsor-Golf Distribution LLC. 27. The Book is a joint product of all of the above-named Defendants and perhaps others who are yet to be identified. Accordingly, all Defendants are responsible jointly and severally for the damages arising from their libelous publication concerning Plaintiff Burke Ramsey. IV. Cause of Action for Libel 28. The Texas Constitution protects the reputation of individuals by expressly imposing liability upon those who abuse their freedoms of speech. Tex. Const. art. I, § 8. Libel is one of those abuses. 29. The Texas Legislature has defined libel as follows: A libel is a defamation expressed in written or other graphic form that tends to blacken the memory of the dead or that tends to injure a living person's reputation and thereby expose the person to public hatred, contempt or ridicule, or financial injury or to impeach any person's honesty, integrity, virtue, or reputation or to publish the natural defects of anyone and thereby expose the person to public hatred, ridicule, or financial injury. Tex. Civ. Prac. & Rem. Code Ann. § 73.001 (emphasis added). 30. Defendants' Book has seriously defamed young Burke Ramsey and has exposed him to public hatred, contempt and ridicule, and has impeached his honesty, integrity, virtue and reputation. Defendant's Book states that: a. Burke, although only 9 years old at the time of JonBenét's murder, had already been engaging in a pattern of sexual abuse and molestation of his younger sister, JonBenét, for approximately two years; b. Burke had been lying almost every day to cover his sexual abuse of JonBenét; and c. On the night of December 25, 1996, Burke killed JonBenét to keep her from informing their parents about his sexual acts that he forced upon her that night. 31. Whether words are capable of the defamatory meaning the plaintiff attributes to them is a question of law for the court. 32. In Texas, a private plaintiff in a libel action need only show negligence by a preponderance of the evidence. 33. Burke Ramsey is a private individual for all purposes. 34. Defendants negligently published defamatory accusations and statements regarding Plaintiff Burke Ramsey. 35. Defendants' defamatory publication is false. 36. Defendants knowingly published their libelous accusations and statements about Plaintiff Burke Ramsey without any reliable, trustworthy, or credible sources for those accusations and statements and without corroboration. 37. Defendants published the false and defamatory accusations and statements about Plaintiff Burke Ramsey with actual malice in that they published those accusations and statements with actual knowledge of falsity or with a reckless disregard for the truth or falsity of said accusations and statements. 38. Defendants intentionally published the libelous accusations and statements about Plaintiff Burke Ramsey in an effort to increase corporate profits, provide for their own personal financial security, establish "fun literary careers" for themselves, and in the words of Defendant Wallington, "garner us national exposure" and "my time in the sun." They sought to obtain all of those rewards by sensationalizing the Ramsey family tragedy and inflicting permanent injury on Plaintiff Burke Ramsey. 39. Plaintiff Burke Ramsey was a happy, normal 9-year-old boy prior to his sister's murder. He did not engage in sexual molestation or abuse of his little sister, JonBenét. He is not a chronic liar as Defendants have claimed. And, most important of all, Burke Ramsey did not kill his younger sister. 40. Defendants' defamatory publication does not fall under any privilege recognized in Texas. 41. Once injury to reputation is established, a person defamed may recover general damages without proof of other injury. 42. Burke Ramsey's reputation has been devastated by Defendants' self-serving defamatory publication. 43. Defendants' false and defamatory accusations and statements published about Plaintiff Burke Ramsey proximately caused permanent injury to his reputation. 44. Defendants' false and defamatory accusations and statements published about Plaintiff Burke Ramsey proximately caused him to be exposed to public hatred, contempt, and ridicule. 45. By virtue of the subject matter of the accusations and statements published about Plaintiff Burke Ramsey, such publication by Defendants constitutes libel per se. 46. Plaintiff Burke Ramsey is entitled to recover actual damages from Defendants for his injuries. 47. The conduct of Defendants establishes actual malice and demonstrates willful misconduct and that entire want of care that raises a presumption of conscious indifference to consequences. 48. Defendants exploited a child who had already suffered the tragic loss of his young sister. Defendants admitted their own motives of profit, self-promotion, and "fun" as they developed their sensational false accusations of murder against a child who is even now only 13 years old. Defendants' actions demand the recovery of significant punitive damages to punish these authors and corporate publishers, and to deter them from ever again sensationally publishing false stories or statements accusing children of committing heinous crimes. 49. Plaintiff Burke Ramsey is entitled to an award of punitive damages from Defendants in order to punish, penalize and deter Defendants from repeating their unlawful conduct. V. Jury Demand 50. Plaintiff demands a jury. A check in the amount of $30.00 accompanies this petition to pay for the jury fee. VI. Conclusion and Prayer for Relief FOR ALL THE FOREGOING REASONS, Plaintiff Burke Ramsey, a Minor Child, by and through his next friends and natural parents, John and Patsy Ramsey, respectfully requests that this Court render judgment as follows: (a) for Plaintiff Burke Ramsey and against Defendants Windsor House Publishing Group, Inc., Windsor-Golf Distribution, LLC, Eleanor Von Duyke, Dwight Wallington, Peter Des Camps, James Conn, John Doe 1 a/k/a "John", John Doe 2, and Jane Doe, jointly and severally, for actual damages in an amount not less than Five Million Dollars ($5,000,000.00); (b) for Plaintiff Burke Ramsey and against Defendants, Windsor House Publishing Group, Inc., Windsor-Golf Distribution, LLC, Eleanor Von Duyke, Dwight Wallington, Peter Des Camps, James Conn, John Doe 1 a/k/a "John", John Doe 2, and Jane Doe, jointly and severally, for punitive damages in an amount not less than Six Million Seven Hundred Fifty Thousand Dollars ($6,750,000.00) to punish and penalize Defendants and to deter Defendants from repeating their unlawful conduct; and (c) that this Court tax all costs of this action against Defendants; and (d) that this Court grant all other relief to which Plaintiff Burke Ramsey has shown himself to be justly entitled. Filed May 9, 2000 Austin, Texas Respectfully submitted, LAW OFFICE OF ROBERT W. HIGGASON By: _________________________________ Robert W. Higgason Texas Bar No. 09590800 The Kirby Mansion 2000 Smith Street Houston, Texas 77002 Ph: (713) 751-9990 Fax: (713) 752-2002 OF COUNSEL: L. Lin Wood Attorney-in-Charge, Subject to Admission Pro Hac Vice Georgia Bar No. 774588 WOOD & GRANT The Equitable Building, Suite 2140 100 Peachtree Street Atlanta, Georgia 30303 Ph: (404) 522-1713 Fax: (404) 522-1716 ATTORNEYS FOR PLAINTIFF BURKE RAMSEY [ ALERT ] [ EDIT ] [ REPLY ] [ REPLY WITH QUOTE ] [ TOP ] [ MAIN ] 1. "$ hungry " Posted by moon on 16:27:07 5/09/2000 these people make me sick .i guess they couldn't make any money off their own book so they are going after everyone else.it's alright for them to talk .but don't dare say anything about the ramsey's.. [ REMOVE ] [ ALERT ] [ EDIT ] [ REPLY ] [ REPLY WITH QUOTE ] [ TOP ] [ MAIN ] 2. "NYL" Posted by Kelly on 16:45:25 5/09/2000 When I first saw the new thread, I thought you were joking. I guess they are going to start lawsuits with the first book and work their way through. One suit each day. They will probably get around to this and other opinion forums and internet sites. Maybe something will pan out for them. lol [ REMOVE ] [ ALERT ] [ EDIT ] [ REPLY ] [ REPLY WITH QUOTE ] [ TOP ] [ MAIN ] 3. "Thanks, NYL" Posted by shadow on 16:51:24 5/09/2000 Now let's sum-up... as of today, the Ramseys have sued the Star, Globe, Time-Warner, and New York Post for their son, Burke. Did I miss anyone? I assume, if they win, all this money will go into a trust fund for Burke... shadow [ REMOVE ] [ ALERT ] [ EDIT ] [ REPLY ] [ REPLY WITH QUOTE ] [ TOP ] [ MAIN ] 4. "Who's Next?" Posted by canadiana on 16:51:42 5/09/2000 Geraldo. [ REMOVE ] [ ALERT ] [ EDIT ] [ REPLY ] [ REPLY WITH QUOTE ] [ TOP ] [ MAIN ] 5. "not Geraldo" Posted by Edie Pratt on 17:02:00 5/09/2000 NOTE: This message was last edited 17:02:00, 5/09/2000 he never said Burke did it. Burke is their only income, so that eliminates Geraldo. He held a trial, and Patsy was found guilty, I seem to recall. [ REMOVE ] [ ALERT ] [ EDIT ] [ REPLY ] [ REPLY WITH QUOTE ] [ TOP ] [ MAIN ] 6. "I'll take a guess" Posted by Kelly on 17:10:09 5/09/2000 Cyril Wecht will be next. I know Patsy dislikes him, I remember in the crockumentary her saying she had plopped down on the couch, clicked on the tv, Geraldo was on and had Cyril Wecht on his show. I laugh to this day about the way she said "Wecht". Her head snapped to the side, her chin went up and when she made the "K" sound in Wecht, it sounded like she had hawked something up. That is one of my favorite Patsy moments on tv. [ REMOVE ] [ ALERT ] [ EDIT ] [ REPLY ] [ REPLY WITH QUOTE ] [ TOP ] [ MAIN ] 7. "Doe" Posted by Denver on 17:18:58 5/09/2000 Any guesses on the three Doe people being sued? [ REMOVE ] [ ALERT ] [ EDIT ] [ REPLY ] [ REPLY WITH QUOTE ] [ TOP ] [ MAIN ] 9. "This is unbelieveable" Posted by Ribaldone on 17:52:01 5/09/2000 I thought this thread was a joke. These people are seriously disturbed. I'm not kidding. They know damn well who murdered JonBenet and to sue others for the libel that you are -- ultimately -- responsible for, is despicable. Whoever posted it on another thread, said it perfectly. They murdered JonBenet and are ultimately responsible for any attention, good or bad, heaped on Burke as a result of his sister's murder. It's a little late to be feigning concern over their son's welfare and reputation after they murdered his sister. And by the way, why weren't they as concerned for JonBenet? They weren't in the least bit concerned about JonBenet's right to life or in seeking justice for her death. They only thing these to monsters care about is MONEY. Plain and simple. If we thought they were the most hated couple in America, just wait. I don't think we've seen anything yet. These two will soon (if not already) be the most hated couple in the world. The fact that they won't sue anyone one their own behalf, screams of they complicity. They are obviously "sue happy," yet they just sit by and let people accuse them of murder on national TV. It's pretty obvious this has nothing to do with thier love for Burke. It has everything to do with not wanting to subject themselves to questions and discovery. I hope they both rot in hell. [ REMOVE ] [ ALERT ] [ EDIT ] [ REPLY ] [ REPLY WITH QUOTE ] [ TOP ] [ MAIN ] 8. "for a change" Posted by docg on 17:40:45 5/09/2000 I have to applaud the Ramseys' actions. The attacks on Burke were sensational, malicious, totally unfounded GARBAGE. These sensation mongers deserve what they are going to get and believe me, they will be forced to settle for plenty. As far as Geraldo, Wecht and the others, who have pointed in the direction of the parents themselves, there is NO WAY the Ramseys will dare sue any of them. For them, this is far more dangerous turf and they will steer VERY clear. [ REMOVE ] [ ALERT ] [ EDIT ] [ REPLY ] [ REPLY WITH QUOTE ] [ TOP ] [ MAIN ] 10. "Barf" Posted by Woby on 18:25:16 5/09/2000 All I can say is, hmmm I have Lin Wood's fax number! Ah Kelly, your post had me LOLPIMP cause I love that Patsy moment too! Cyril WIKKKTTT! [ REMOVE ] [ ALERT ] [ EDIT ] [ REPLY ] [ REPLY WITH QUOTE ] [ TOP ] [ MAIN ]