1 Quinn Tessence v Le Conde Inn

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K CASE BACKGROUND e Quinn Tessence was on the rise in the world of broadcast news. Quinn had a reputation for getting stories that no one else could get. But some people questioned whether Quinn crossed the line on occasion with his/her dramatic, if not theatrical, exposés., Quinn’s outspoken style and brashness has won him/her both praise and condemnation. In climbing the ladder to fame and notoriety in the broadcast venue, Quinn made enemies along the way. Undeterred, Quinn’s latest exposé was on bed bugs in the hotel industry. At the time, no other reporters had broken the story, locally or nationally, and Quinn planned to be the first. Around the same time that Quinn was trying to get a story on bed bugs, he/she was also interviewing with a global broadcast cable network for a position as a host of a ptime time news exposg, to be scheduled opposite Nancy Grace. During the interview, Quinn mentioned that he/she was currently working on an exposé of bed bugs in the hotel industry. After the interview, Quinn was certain he/she would be offered the position. The general manager of the global broadcast cable network, Justin/JTustine Case, advised Quinn that a decision would be made in two weeks. Case also expressed an interest in seeing footage of the bed bug exposé when it was completed. Shortly thereafter, Quinn stayed a weekend at Le Condé Inn for a co-worker’s wedding reception. Le Condé Inn is a prestigious and well-established boutique hotel in Indianapolis, and for that matter, the State of Indiana. On Sunday morning, Quinn found he/she experienced severe itching, redness and swelling on his/her face, neck, hands, arms and back. Because Quinn had previously researched bed bugs for his/her exposé, he/she immediately recognized the symptoms and had a camera crew promptly capture the bed bug ridden bed in his/ber hotel room at Le Condé Inn. The story was aired a few days later. Le Condé Inn’s Hotel Manager, Jacqué Garnier, publicly accused Quinn or the news station of planting the bed bugs to fabricate a story. After Quinn’s exposé aired, Le Condé Inn experienced significant cancellations of reservations, approximately 75% of bookings for the month of July, 2008. The following two quarters showed revenue down by a third compared to the same quatters in the past two years. Le Condé Inn claims that Quinn’s defamatory comments resulted in the loss of income to the hotel. The global broadcast cable network learned of Le Condé Inn’s claims that the story was fabricated and did not hire Quinn for the host position. Plaintiff’s Witnesses: Quinn Tessence Plaintiff News Anchor Reed Tayne Treating Physician/Dermatology and Entomology Expert Justin/Justine Case —~ General Manager of Global Broadcast Cable Network: Defendant’s Witnesses: Jacqué Garnier Defendant’s Hotel Manager Tetry/Terri Fyde Former Producer for Local Television Station Dee D. Tee- Pest Control Expert The Case Background is not to be used as evidence in the case, bus rather is provided for background purposes only. This case is a work of fiction, The names and events described herein are intended to be fictional. Any similarity or resemblance of any character to an actual person or entity should be regarded as only fictional for purposes of this mock trial exercise. 2-
STATE OF INDIANA ) IN THE MARION CIRCUIT COURT ) SS: CAUSE NO.: 49C01-0810-CP-639 COUNTY OF MARION ) QUINN TESSENCE, ) ) Plaintiff, ) ) V. ) i ) LE CONDE INN, INC. ) ) Defendant. ) COMPLAINT FOR DAMAGES The Plaintiff, Quinn Tessence, by counsel, files her complaint against the Defendant, Le Condé Inn, Inc., and states: COUNT I - NEGLIGENCE Plaintiff Quinn Tessence is a resident of the State of Indiana. Defendant Le Condé Inn, Inc., is an Indiana corporation doing business in the State of Indiana. At all relevant times herein, Defendant owned and operated the Le Condé Inn hotel located at 30 Executive Drive in Indianapolis, Indiana. On or about July 11, 2008, through July 13, 2008, Plaintiff was a guest at the Le Condé ITnn. Plaintiff was exposed to bed bugs while a guest at Le Condé Inn. Defendant had a duty to exercise reasonable care to detect and prevent bed bug infestation for the protection of the safety and health of its guests, including the Plaintiff. Defendant negligently failed to exercise reasonable care in detecting bed bugs from becoming infested in the guest room at Le Condé Inn occupied by Plaintiff. As a proximate result of Defendant’s negligence, Plaintiff suffered significant pain and permanent scars. WHEREFORE, Plaintiff prays for judgment in his/her favor and against Defendant, that 3.
he/she be awarded damages for his/her injuries, pain and suffering, for costs, and all other just and proper relief. COUNT II - DEFAMATION 9. Plaintiff incorporates herein by reference the allegations of paragraphs 1 through 8 of Count L. 10. Plaintiff was a news anchor and investigative reporter at WYBU at all relevant times herein. 11. In June and July of 2008, Plaintiff, as a news reporter and anchor for WYBU, worked on an investigative report regarding bed bug infestations at hotels in the Indianapolis area. 12. Plaintiff’s news story of hotel bed bug infestation aired on the WYBU TV Station on July 17, 2010. 13. Jacqué Garnier was the hotel manager of Le Condé Inn and was acting in the course and scope of his duties as an employee or agent of Defendant at all relevant times herein. 14. Jacqué Garnier reported to the Indianapolis Star that Plaintiff fabricated a news and planted bed bugs at the Le Condé Inn. 15. Jacqué Garnier’s aforementioned statements were false and defamatory. 16. Jacqué Garnier knew the statements to be false or negligently failed to determine the truth of the statements. 17. The false statements made about Plaintiff implied misconduct by Plaintiff in his/her professional trade and occupation as a news anchor and news reporter. 18. The false statements made about Plaintiff were per se defamatory. 19. The defamatory statements were primarily motivated by ill-will and were excessively published. 20. The false statements made about Plaintiff harmed Plaintiff’s reputation in the eyes of the community, deterred others from associating with him/her and deterred third persons from employing him/her. | \ 21. Defendant is liable for Jacqué Garnier’s false statements as an agent of | Defendant. 1 | | 22, As aresult of the actions of the Defendant, Plaintiff has sustained substantial 4-
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damages, including but not limited to financial loss, embarrassment, and emotional distress. . 23. Plaintiff’s injuries and damages were proximately caused by the Defendant. WHEREFORE, Plaintiff prays for judgment in his/her favor and against Defendant, that he/she be awarded damages, for costs, and all other just and proper relief. /s/ Lee Gull LEE GULL Attorney for Plaintiff JURY DEMAND Plaintiff respectfully requests trial by jury. /s/ Lee Gull LEE GULL Attorney for Plaintiff
STATE OF INDIANA ) IN THE MARION CIRCUIT COURT ) SS: CAUSE NO.: 49C01-0810-CP-639 COUNTY OF MARION ) QUINN TESSENCE, Plaintiff, v. LE CONDE INN, INC. Defendant. DEFENDANT’S ANSWER TO COMPLAINT The Defendant, Le Condé Inn, Inc., for its Answer to Complaint, states as follows: COUNT I - NEGLIGENCE Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 1 of Count I of the Complaint. Defendant admits the allegations of paragraph 2 of Count I of the Complaint. Defendant admits the allegations of paragraph 3 of Count I of the Complaint. Defendant admits the allegations of paragraph 4 of Count I of the Complaint. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 5 of Count I of the Complaint. Defendant admits the allegations of paragraph 6 of Count I of the Complaint. Defendant denies the allegations of paragraph 7 of Count I of the Complaint. Defendant denies the allegations of paragraph 8 of Count I of the Complaint. COUNT II - DEFAMATION Defendant incorporates herein by reference its answers to the allegations of paragraphs 1 through 8 of Count L.
10. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 10 of Count I of the Complaint. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 11 of Count II of the Complaint, Defendant admits the allegations of paragraph 12 of Count II of the Complaint. Defendant admits the allegations of paragraph 13 of Count II of the Complaint. Defendant admits the allegations of paragraph 14 of Count II of the Complaint, Defendant denies the allegations of paragraph 15 of Count II of the Complaint. Defendant denies the allegaitions of paragraph 16 of Count I of the Complaint, Defendant denies the allegations of paragraph 17 of Count II of the Complaint. Defendant denies the allegations of paragraph 18 of Count II of the Complaint. Defendant denies the allegations of paragraph 19 of Count I of the Complaint. Defendant denies the allegations of paragraph 20 of Count II of the Complaint. Defendant denies the allegations of paragraph 21 of Count II of the Complaint. Defendant denies the allegations of paragraph 22 of Count II of the Complaint. Defendant denies the allegations of paragraph 23 of Count I of the Complaint. AFFIRMATIVE DEFENSES With regard to Count II, any statements made by Defendant, through the scope of the employment of Jacque Garnier, upon which Plaintiff bases his/her claims for defamation, are true and are therefore not actionable. ‘With regard to Count II, Plaintiff’s claims are barred to the extent his/her damages were caused by the publication of the alleged defamatory statements as referenced in Plaintiff’s Complaint, by persons other than the Defendant, its agents, and employees. With regard to Count II, Plaintiff’s claims for defamation fail due to Defendant’s qualified privilege.
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WHEREFORE, Defendant prays for judgment in its favor, that Plaintiff take nothing by way of his/her complaint, for costs, and all other just and proper relief. /s/ Justice Hurd JUSTICE HURD Attorney for Defendant
STATE OF INDIANA ) COUNTY OF MARION ; > QUINN TESSENCE, Plaintiff, V. LE CONDE INN, INC. Defendant. [ N N N N 1 IN THE MARION CIRCUIT COURT CAUSE NO.: 49C01-0810-CP-639 LE CONDE INN, INC. Counterclaimant V. QUINN TESSENCE and WYBU, INC. Counterclaim Defendants, Counterclaimant, Le Condé Inn, Inc., for its Counterclaim against Counterclaim NN N N N N AN COUNTERCLAIM Defendants Quinn Tessence and WYBU, Inc., states as follows: 1. Le Condé Inn, Inc. is an Indiana corporation doing business in the State of Indiana. 2. At all relevant times herein, Counterclaimant owned and operated the Le Condé Inn hotel located at 30 Executive Drive in Indianapolis, Indiana. 3. Quinn Tessence is a resident of the State of Indiana. 4. At all relevant times herein Quinn Tessence was a news anchor and investigative reporter employed by WYBU. 5. As anews reporter and anchor for WYBU, Quinn Tessence worked on an investigative report regarding bed bug infestations at hotels in the Indianapolis area,
11. 12. 13. 14. 15. 16. The news story of hotel bed bug infestation aired on the WYBU TV Station on Tuly 17, 2010. The news report falsely reported that Le Condé Inn puts its profits above its guests’ health and safety. The news report falsely reported that Le Condé Inn’s housekeeping staff are overworked and rushed, and bed bugs infestations occur. The news report falsely reported that Le Condé Inn has poor quality assurance and failed to have adequate safeguards to prevent bed bugs. The aforementioned statements were false and defamatory. Counterclaim Defendants knew the statements to be false or negligently failed to determine the truth of the statements. The defamatory statements were primarily motivated by ill-will and were excessively published. The false statements made about Counterclaimant harmed Counterclaimant’s reputation in the eyes of the community, and deterred guests or potential guests from booking or keeping reservations at the hotel. WYBU is liable for Quinn Tessence’s false statements as an agent of WYBU. As a result of the actions of the Counterclaim Defendants, Counterclaimant has sustained substantial financial loss. Counterclaimant’s damages were proximately caused by the Counterlaim Defendants defamatory statements. WHEREFORE, Counterclaimant prays for judgment in its favor and against Counterclaim Defendants, that it be awarded damages, for costs, and all other just and proper relief. /s/ Justice Hurd JUSTICE HURD Attorney for Counterclaimant -10-
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STATE OF INDIANA ) ) SS: COUNTY OF MARION ) QUINN TESSENCE, Plaintiff, V. LE CONDE INN, INC. Defendant, e N e e e et s S IN THE MARION CIRCUIT COURT CAUSE NO.: 49C01-0810-CP-639 LE CONDE INN, INC. Counterclaimant V. QUINN TESSENCE and WYBU, INC. Counterclaim Defendants, N e e S e N S e S S ANSWER TO COUNTERCLAIM Counterclaim Defendants Quinn Tessence and WYBU, Inc. for their Answer to Counterclaimant, Le Condé Inn, Inc.’s Counterclaim, state as follows: 1. Counterclaim Defendants are without knowledge or information sufficient to form a belief s to the truth of the allegations of paragraph 1 of the Counterclaim. Counterclaim Defendants are without knowledge or information sufficient to form a belief s to the truth of the allegations of paragraph 2 of the Counterclaim., Counterclaim Defendants admit the allegations of paragraph 3 of the Counterclaim. Counterclaim Defendants admit the allegations of paragraph 4 of the Counterclaim. Counterclaim Defendants admit the allegations of paragraph 5 of the Counterclaim. -11-
10. 11, 12. 13. 14. 15, 16. Counterclaim Defendants admit the allegations of paragraph 6 of the Counterclaim. Counterclaim Defendants deny the allegations of paragraph 7of the Counterclaim. Counterclaim Defendants deny the allegations of paragraph 8 of the Counterclaim. Counterclaim Defendants deny the allegations of paragraph 9 of the Counterclaim., Counterclaim Defendants deny the allegations of paragraph 10 of the Counterclaim. Counterclaim Defendants deny the allegations of paragraph 11 of the Counterclaim. Counterclaim Defendants deny the allegations of paragraph 12 of the Counterclaim. Counterclaim Defendants deny the allegations of paragraph 13 of the Counterclaim. Counterclaim Defendants deny the allegations of paragraph 14 of the Counterclaim. Countesclaim Defendants deny the allegations of paragraph 15 of the Counterclaim. Counterclaim Defendants deny the allegations of paragraph 16 of the Counterclaim, AFFIRMATIVE DEFENSES Any statements made by Counterclaim Defendants upon which Counterclaim bases its claims for defamation are true and are therefore not actionable. Counterclaimant’s claims for defamation fail due to Counterclaim Defendants’ common interest privilege. WHEREFORE, Counierclaim Defendants prays for judgment in its favor, that Counterclaimant take nothing by way of its counterclaim, for costs, and all other just and proper relief. /s/ Lee Gull LEE GULL Attorney for Plaintiff/Counterclaimdefendants -12-
STATE OF INDIANA ) ) SS: COUNTY OF MARION ) QUINN TESSENCE, Plaintiff, V. LE CONDE INN, INC. Defendant. e e N e N e N S IN THE MARION CIRCUIT COURT CAUSE NO.: 49C01-0810-CP-639 LE CONDE INN, INC. Counterclaimant V. QUINN TESSENCE and WYBU, INC. Counterclaim Defendants, Note: No witness may contradict or deny knowledge of the facts contained in the stipulations. 1. All exhibits included in these Case Materials are authentic and accurate in all respects; no objection to the authenticity of these exhibits will be entertained. Unless stated otherwise herein, the admissibility of the exhibits on other grounds may be challenged. 2. All witness statements were signed under oath by each witness. 3. Exhibit 2 (Quinn Tessence bed bug bites present on the morning of July 13, 2008), Exhibit 3 and 4 (bed bugs present in Quinn Tessence’s hotel room at Le Condé Inn on July 13, 2008), and Exhibit 5 (the bed bug infested mattress with bed bug fecal stains present in Quinn Tessence’s hotel room at Le Condé Inn on July 13, 2008) are the original photographs and accurately depict the items shown N e N N e e N N e S STIPULATIONS in the photograph on July 13, 2008, 13-
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Exhibits 1 and 6 were made at or about the time of the events by a person with knowledge of the events, and are kept in the course of regularly conducted business activity of WYBU, and it is the regular practice of WYBU to make such records., Exhibits 1 and 6 do not need to be introduced through the custodian of the records, Exhibit 7 is admissible, without objection. Exhibits 8 is made at or about the time of the events by a person with knowledge of the events, and is kept in the course of regularly conducted business activity of Dr. Tayne’s medical practice, and it is the regular practice of Dr. Tayne to make such records. Dr. Tayne is the custodian of such record. Exhibits 9 and 10 were made at or about the time of the events by a person with and knowledge of the events, and are kept in the course of regularly conducted business activity of Le Condé Inn, and it is the regular practice of Le Condé Inn to make such records. Exhibits 9 and 10 do not need to be introduced through the custodian of the records. Exhibit 11 is a compilation of business records made at or about the time of the events by a person with and knowledge of the events, and are kept in the course of regularly conducted business activity of Le Condé Inn, and it is the regular practice of Le Condé Inn to make such records. And was compiled by Jacqué Garnier, Jacqué Garnier is the custodian of such record. Exhibit 12 is a true and accurate copy of the original note located in the waste basket of Quinn Tessence’s hotel room at Le Condé Inn on July 13, 2008. The handwriting contained in Exhibit 12 has been confirmed to be that of Quinn Tessence, per expert handwriting analysis. Exhibit 12 is admissible, without objection. _14-
APPLICABLE LAW Negligence Definition. Negligence is the failure to use reasonable care. A person may be negligent by acting or by failing to act. A person is negligent if he or she does something a reasonably careful person would not do in the same situation or fails to do something a reasonably careful person would do in the same situation. Reasonable or Ordinary Care Definition. Reasonable or ordinary care is the care a reasonably careful and ordinarily prudent person would use under the same or similar circumstances. Proximate Cause Definition. An act or omission is a proximate cause of an injury if the injury is a natural and probable consequence of the act or omission. To establish that an act was the proximate cause of damages, a party must show: 1. That damages would not have occurred but for another’s negligence; and 2. That damages were reasonably foreseeable as the natural and probable consequence of the other’s negligence. Defamation To prevail on a cause of action for defamation, a plaintiff must prove four elements: (1) a communication with defamatory imputation, (2) malice, (3) publication, and (4) damages. To impose liability for defamation, a false statement of fact is required. Truth is a complete defense in civil actions for defamation. A statement is defamatory if it tends to harm a person or company's reputation by lowering the person or company in the community's estimation or deterring third persons from dealing or associating with the person or business. One type of defamation action, alleging “defamation per se,” arises when the language of a statement constitutes an imputation of misconduct in a person's trade, profession, office, or occupation. Qualified privilege of common interest that “applies to communications made in good faith on any subject matter in which the party making the communication has an interest or in reference to which he has a duty, either public or private, either legal, moral, or social, if made to a person having a corresponding interest or duty. -15-
W0 LY LI W W) NOR DR DR N D = ot 2 s e e STATEMENT OF QUINN TESSENCE My name is Quinn Tessence. Iam a news anchor for the 6 pm news at WYBU, Channel 17 in Indianapolis. I also have a weekly investigative news report exposé that airs on Thursdays, called “No Apologies.” 1view myself as a victim’s advocate and someone who is for the people. Having been a victim myself in an unsolved crime, I made it my mission to expose the bad acts of people or businesses that law enforcement or the government either doesn’t have the time or inclination to pursue, When I go after these bad people or companies, I make no apologies for hitting them below the belt. As far as I'm concerned they deserve to be publicly humiliated. 1 was born and raised in Tupelo, Mississippi, the birthplace of Elvis Presley. Iknew from a young age I would be a star, too. I have drive and determination, and there isn’t anything that gets in the way of this steam-roller. I excelled in high school, both academically and in sports, and received a full-ride scholarship from Mizzou (University of Missouri). Ibhad several other options with scholarships, but Mizzou was my first choice. It has been on top of the rankings for its Journalism and Mass Communications programs since rankings have been done. I received a bachelor’s degree from Mizzou in Journalism and a minor in Mass Communications in 1998, graduating with highest distinction. I then attended law school at Northwestern University. Ileft law school before completing my degree because I was mugged in Chicago. Due to the time I spent in the hospital and at home recuperating from broken ribs and a concussion, I could not finish my third year of law school. Idid not view it as a setback, rather it was an opportunity for me to start a new chapter in my life. When the crime went unsolved, T decided to use my journalism skills and knowledge of the law for other victims like me. In 2000, I began my career as a news reporter at a local television station in South Bend, Indiana. In 2004, T was hired at an affiliate station, WYBU, in Indianapolis. Terry/Terri Fyde hired me to start as a morning anchor and news reporter on WYBU’s First Light News. As arising star at WYBU, within a year, I had been promoted to anchor of the Evening News in the prime time slot. I was given quite a bit of latitude too. WYBU even agreed to let me showcase the weekly exposé, “No Apologies.” 1 chrived on reporting the news and investigating timely events that mattered to the people. News reporters gather information, prepare stories, and make broadcasts that inform the public about local, State, national, and international events. We present points of view on current issues and report on the actions of public officials, corporate executives, interest groups, and others who exercise power. As a news anchor my responsibility is to examine, interpret, and broadcast news received from various sources. News anchors present news stories and introduce videotaped news or live transmissions from on-the-scene reporters. Before I joined the WYBU team, other local stations and Joe Public would joke about the station’s call letters “Why Be You?” I turned that all around in a short time. Now, all the other anchors and reporters want to be like me. I've received numerous awards and recognitions, including the Writers Guild Award in 2007 for outstanding writing, and, in 2008, I received the Society of Professional Journalist Awards for TV Consumer Reporting and TV Investigative Reporting, as well as the Indiana Broadcasters’ Association Spectrum Award. WYBU was a 16~
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W W W W R MR A m s s s &fiafifié%g%&)fiwwr—o\%gflom#mw»—\O\DOO\]O\LAJALQNHO\DOO\IO\LA#WNH floundering station when I began there in 2004, Now it is well recognized and its ratings and market share in the Indianapolis market increased by 4 times from 2004 to 2008. However, our market share currently is only twice the share we had in 2004. After the Le Condé Inn manager accused me of fabricating the story, and defamed myy character, we lost a significant part of our audience. The news I report and my investigative exposés are often cutting edge. I go after the story that no one else can get, or even thought to get. Ibelieve that the success of my news career and the increased market share is because the viewers can relate to me. I frequently discuss issues from a victim’s rights standpoint. Isometimes get personal and become emotionally involved in presenting the news story. This makes me more real to the audience. They can relate to me and they know I can relate to them. I just don’t present the news in the same boring way that has been done before. Adding dramatic flair to a story doesn’t change the the news, it just makes it more interesting. The viewers want some sensationalism, they’re thitsty for the fight and for justice to prevail. They see me as their fighter. I have an outspoken style that has won me both praise and condemnation. The people who condemn me are often the people that I have targeted. If a business is ruined because I showed the public the truth, then so be it. News is news. The truth is not always nice, polite, or easy to go down. Sometimes it's just plain harsh. One of my award winning stories focused on the victim of a teen driver who was texting and driving. 1 broke this story before anyone else, even before Oprah started her campaign for “No Texting While Driving” campaign. Another breaking news sotry that won an award was a story that aired on June 26, 2008. In that piece, ] interviewed a mother who’s daughter had been misidentified in a fatal automobile accident. The daughter actually had not taken the trip as planned, but instead had gone camping in the wilderness for a week, while mom had a funeral and buried the person that she thought was her daughter. It ws a very emotional story. Even now I have goosebumps telling it. The WYBU producer at the time for the Evening News, Tetry/Terti Fyde, wanted me to present the story in the traditional manner. I thought the story had more impact by showing my emotional involvement in the story. After interviewing the mother, I went back to the studio and filmed a close up of me with a tear rolling down my cheek. Then I added that clip to the story. Fyde suggsted that it crossed the ethical line. I didn’t see it that way. I was emotionally moved by the story, even choked up, so there was nothing unreal about it. Besides, the ethical line keeps changing, and you have to adjust with the times. We filmed the interview of the mother on June 17, 2008, and the following day Terry/Terri and I argued back and forth about keeping the clip of my tears in or out of the story. On June 25", when Terry/Terri learned that T had put the clip back in the story, he/she insisted that as producer, he/she had the final say. So, I approached the station manager, Daryl Licht, and explained the effect I was trying to achieve by adding that clip to the story. Itold Daryl that Terry/Terri was out-dated with old-fashioned ideas about news reporting. Daryl sided with me. Terry/Terri was unwilling to make any compromise. He/She shouted at Daryl. It was ugly. I'was not surprised when Daryl fired Terry/Terri with the way he/she talked to him. Plus, it was Terry/Terri’s time to go he/she had outlived his/her relevancy in the ever-changing world of news reporting. The story aired on June 26", and received the SPT Award for Best TV -17-
O 00~ O UL WD Investigative Reporting. I also did an exposé on “No Apologies” on the infestation of bed bugs in hotels. Twas the first news reporter, locally and nationally, to break the story. Iapproached it like any other investigative reporting news story. Idid thorough research to learn about bed bugs what they look like, their habits, how they can be detected, the effect and treatment of their bites, and hotel protocols for detecting bed bug infestations. After doing some initial research, I met with Dr. Reed Tayne on June 4, 2008. Dr. Tayne not only is a dermatologist, but he/she also has a background in entomology, so he/she was a valuable resource. I gave Dr. Reed a $2,000.00 check from WYBU as a retainer for his/her expertise for the story. Dr. Reed was unable to provide me with names of bed bug victims, naturally due to confidentiality issues, so I returned on June 9* and provided Dr. Tayne with a flyer to provide to patients with bed bug bites. Exhibit 1 is a true and accurate copy of the flyer. The following day, I filmed an interview with an exterminator, Ilearned that bed bugs can travel on luggage and clothing from one hotel to another hotel. The exterminator showed me pictures of the bugs and of a mattress and bedding that showed the bed bugs hiding in the folds of the mattress and the stains they leave behind. He told me where hotels should be looking to find evidence of a bed bug infestation, and the reasonable steps a hotel should use for the detection and prevention of a bed bug infestation, After meeting with the exterminator, I felt knowledgeable enough to detect the signs of a bed bug infestation for my investigative report. Later that day, I scouted out several cheap or seedy hotels in the area that likely would have an infestation problem, On June 14®, using my producer, Terry/Tetri, as the front person, we booked a hotel room in one of those cheap motel/hotels. Ilooked at the bed linens, pulled the bed sheets back and looked at the matttesses, but we didn’t find any evidence of bed bugs. When you’re breaking the story without some news tip, sometimes it just takes time to uncover it. So, the next day, June 15%, we went to another cheap motel, this time we booked three rooms to increase the odds same inspection, same results. Nothing. The following day, June 16", we struck out again with the three rooms at a different cheap hotel. The following week, on June 21% and 22™, we went to two different cheap hotels and booked four rooms at each. No signs of bed bugs. Terry/Terri and Daryl both were getting pushy about getting the story. WYBU had invested some money in it and we weren’t getting very far with finding either hotels with infestations or victims. Daryl told me that if we didn’t have a story soon on bed bugs, he was going to can it. 1never said, “Maybe we should just plant some bed bugs.” On June 23, 2008, I met with a dog trainer who uses canineés to detect bed bugs. Ilearned that canine scent detection is an excellent way to inspect hotels with hundreds of rooms. A dog could check a certain number of rooms on weekly or monthly basis, potentially catching bed bug infestations in the very eatly stages. Very few hotels use dogs as part of a prevention program for bed bug infestation. The disadvantage of canine scent detection is that the dogs cost about $10,000.00 a piece, so there are only a few dogs to go around. The dog trainer showed me how she trains the dogs using live bed bugs. The dogs can only detect live bed bugs. The trainer had a vial or test tube with live adult bed bugs. She then let them loose on a mattress. The dog is then trained to locate the bed bugs. I had only seen pictures of the bed bugs, so I was happy 18-
DD o et b et e e OWVWEONAUNAEARNROWVWR-JRAUNAWN NN NN NN N R W= 0 B B O D oo [o%) W L) W W L D L W SRESEEERUETREY when the trainer handed me a vial of live adult bed bugs to look at more closely. Idid not keep the vial of bed bugs. In the meantime, Terry/Terri was fired and my show on the misidentified daughter aired on June 26", Bven before the show received the award, I knew it was really god stuff. Ihad seen a web advertisement for a news host with Global Broadcast Company (GBC), called “Justice Prevails.” 1 thought I was just the sort of person they needed as the host for a show to 20 toe-to-toe with Nancy Grace. Isent a couple of my tapes from “No Apologies” the Teen Texting and Driving Accident story and the Misidentified Fatality Victim, It was a stressful week the following week. I was anxious if I would be called for an interview with GBC, I no longer had a producer, and I was under pressure to get the bed bug story wrapped up. Plus, it was the 4 of July weekend, and my family was coming up from Tupelo to visit. 1had booked 5 rooms for my family at the prestigious Le Condé Inn in Indianapolis. We celebrated the 4" as a family at Le Condé. The hotel had a lot of activities for the 4™ festivities. I tried to unwind from the stress, and apparently became pretty inebriated that evening at the hotel, Iremember the hotel providing its limousine driver to return me home. I don’t recall much of anything else from that night. I certainly don’t remember saying anything threatening to anyone. Besides, how much stock are you going to put into what a drunk says? I don’t recall much from the following day either. Ihad a hangover, and therefore wasn’t the most pleasant person to be around. Iwas upset that the hotel charged me more than the room rate quoted to me when I made the reservations. But, the manager, Mr./Ms. Garnier made some accommodations, and gave me a free night’s stay to use whenever I wanted. Iheld no grudge against Le Condé. It sounds like I was the jerk. Also, I had a reservation already booked for a co-worker’s wedding reception at Le Condé for July 12%. If T held a grudge, why wouldn’t I have just cancelled that reservation? On Monday, July 7", Justin/Justine Case of GBC called me to schedule an interview in New York City for the host position of “Justice Prevails.” 1 was thrilled this was my big break. But I still had work to do at WYBU - especially my bed bug story. Later that day, called Dr. Tayne and inquired if he/she had seen any bed bug bite victims, and whether there was any way I could obtain their names and addresses. I was disappointed that no victims had contacted me from the flyers that were distributed, and I was equally disappointed that I had not yet found a hotel with live bed bug infestation. Sure, there were other ways to go with the story. I could have made it an educational piece what to look for, precautions one should take, but I wanted it more dramatic. I wanted the hotel industry to be on guard that “Big Brother” was watching and so they better have good safeguards in place. It’s always better to have a victim in an exposé. The next day, July 8%, I called Dr. Tayne to set up a time to interview him/her for the news story. Iwas prepared to just make the story an educational piece rather than an exposé, There would always be a breaking story another day. Iinterviewed Dr. Tayne on July 9. The interview with Dr. Tayne went well, and I knew I could package the story to make it appeal to our audience. -19-
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02 L2 L) W LY LI LYWW O I I I I T N O 5\i&fifig&’cooxloxm-hwm»—lO\l\o”cg\lc\m.l;wl\)»—aocooqoxm#ww»—tocoo\loxm#umw 1 flew out to New York early the next morning for the interview with GBC. The interview was a success. The General Manager, Justin/Justine Case, was impressed with the tapes I had submitted. He/She was equally impressed with my style. He/She said they were looking for someone edgy like me. Iwas confident throughout the entire interview. Ieven told Mr./Ms. Case that I was working on the bed bug infestation story, and I offered to give him/her a copy of the tape when it aired. Mr./Ms. Case was interested and I thought it might factor into his/her decision. It was a promise I intended to keep. I thought for sure that would lock in the position for me as the host of “Justice Prevails.” Not only would I be the star [ was destined to become, it would also be lucrative. GBC was paying $1.5 million for the host of the show. It was a substantial increase from my $155,000.00 salary at WYBU. I was exhausted when 1 arrived at Le Condé on Friday, July 11%. Iput on soft background music, pulled the drapes, and just relaxed. The wedding reception the following day was fun. Iran into Terry/Terri Fyde at the wedding reception. He/She acted nervous. Istayed out pretty late at the reception, and was exhausted when I finally turned in for the evening, When I woke up the next morning in my hotel room at Le Condé, I had bite marks all over my arms, legs, back and hands. Exhibit 2 is a true and accurate copy of some of the bed bug bites [ received while staying at Le Condé. Icouldn’t stop scratching. Iwas in excruciating pain. My body felt as if it was on fire. I just wanted to tear it off! Ithought the bites looked like the pictures of bed bug bites that Dr. Tayne had shown me. So I pulled back the duvet cover to check the bed linens. Inoticed the blood on the bed. Ibecame very upset and alarmed, I then pulled back the sheets and saw a mass of bed bugs scurrying around on the mattress and dark reddish-brown spots all over the mattress. Exhibits 3 and 4 are photographs of the bed bugs that were present in my hotel room at Le Condé Inn, Exhibit 5 is a photograph of the bed bug infested mattress in my hotel room at Le Condé Inn. I immediately called the hotel’s front desk and reported the incident. I also called my camera crew to film the bugs, mattresses and my bites. While I never intended to be the victim of my bed bug story, that’s what happened. ‘When the hotel manager came to the room, he/she was very apologetic for exposing me to bed bugs and causing my suffering. He/She offered to set me up in a different room, give me a week’s stay, clean my luggage and clothing with hot water, and take me to get medical care. I declined Le Condé’s offers. Instead, [ went to the person I trusted most. Dr. Tayne. Dr. Tayne examined me and confirmed my sores were bed bug bites. He/She noted that I was one of the rare individuals who had a severe allergic reaction to bed bug bites. He/She gave me prescriptions for an antihistamine and steroid to reduce my allergic reaction, and an ointment and an antibiotic to prevent secondary infection. I continued being treated by Dr. Tayne twice a week for the next two weeks. Eventually, the pain and sores subsided. Thave some scarring on my back form the bed bug bites. 1 did not look for bed bugs at the Le Condé during my hotel stay until I woke up on Sunday morning with the bites. Iknew how to check for bed bugs; I simply didn’t think to do it. 1 was tired from travelling on Friday, and on Saturday I had stayed out late for the wedding reception. Plus, this was a prestigious hotel I would have assumed that they would have exercised reasonable care to prevent bed bug infestations. -20-
e e el e e VO -IANDWN = OWOWRe -1 h W= DR NN N L~ O SRR S IR=N On Monday, July 14", T had the camera crew re-film the bites and sores I received. The sores had become worse due to my severe allergic reaction, and some of the sores had become infected from scratching. The bed bug hotel infestation exposé aired on “Ne Apologies” on Thursday, July 17", Exhibit 6 is a true and accurate copy of a part of the transcript from that show. Isent a copy of the tape to GBC that same day by overnight courier. On Sunday, July 20®, a newspaper article appeared in the front page of the Indianapolis Star quoting Mr./Ms. Garnier, the Hotel Manager for Le Condé, that I had fabricated the bed bug story by planting the bugs there myself. Exhibif 7 is a true and accurate copy of the news article. That’s preposterous and an outright lie! Garnier’s comments were defamatory and smeared my good name and reputation in this community and in the news world as a credible journalist. Shortly after the news article appeared I learned that GBC would no longer offer me the host position for “Justice Prevails.” Le Condé’s claim that it has been defamed is ridiculous. Everything in my news story is truthful. There is nothing defamatory. Truth hurts, On the other had, Le Condé’s statements to the Indianapolis Star are complete lies! And Garnier’s defamatory statements have caused me to lose a career opportunity of a lifetime with earnings almost ten times my current earnings, besides the potential for product endorsements, and other doors that could have been opened to me. In addition, I'had to endure excruciating pain for weeks, and I have permanent scars from the bites. 1 affirm under penalty of perjury that the foregoing is true and correct to the best of my belief and knowledge. : /s/ Quinn Tessence QUINN TESSENCE 21-
O oI N RN~ STATEMENT OF REED TAYNE My name is Reed Tayne. Iam a licensed dermatologist at the Skin Clinic Institute of Indiana. Exhibit 8 is a true and accurate copy of my curriculum vitae. In addition to my expertise in dermatology, L have significant background and experience in entomology. I earned my Bachelor of Science degree in Entomology at Purdue University. I enhanced my knowledge of insects working as a Field and Lab Technician for the USDA Beneficial Insect Laboratories in the biological control of cockroaches. Ialso spent a short time with E. I. DuPont conducting field testing of insecticides, herbicides and fungicides. 1 appeared in Quinn Tessence’s news story on infestation of bed bugs in hotels that aired on WYBU on July 17", 2008. I've heard the piece has gone viral over the Internet. Thave gained some fame and notoriety because of my appearance in the news story. Since then, I have been featured as an expert on bed bugs on NBC Dateline, CBS’s The Early Show, NBC’s Today Show and T have been a repeat guest on National Public Radio (NPR). Iexpect to continue my guest appearances in the immediate future because the bed bug problem is epidemic. I'have seen an increase in people with bedbug bites. In 2010, I also edited the Bed Bug Chapter in the dermatology industry’s most well respected textbook reference, The Handbook of Investigative Dermatology, 10th Edition. 1'd like to think that I was asked to contribute to the reference book because of my blend of backgrounds in entomology and dermatology, but I wasn’¢ very well known among my peers until Quinn’s news repost on bed bugs. This has been a lucrative side career and T am scaling back on scheduling appointments in my dermatology practice. Tam looking into consulting and expert witness testimony in bed bug cases. Iam currently engaged in discussions with a plaintiff’s lawyer in a case involving a Chicago woman who is suing a New York hotel for $20 million after she woke up in her bed with over 600 bed bug bites. Bed bugs, Cimex lectularius, are reddish-brown, oval-shaped, flattened insects that are about 1/4 inch long. Nymphs (immature bed bugs) resemble the adult bugs but are often smaller and lighter in color. Exhibits 3 and 4 are true and accurate photographs of bed bugs. The adults appear more reddish after feeding on blood meal. The nymphs will appear bright red after feeding. Bed bugs require blood in order to reproduce and coraplete their life cycle. There are five larval stages, and each one requires a blood meal before molting into the next life cycle stage. Both adult male and female bed bugs feed on blood and take repeated blood meals during their lives. Females require blood for the development of eggs. The five larval stages are completed in about a month under suitable conditions of temperature, humidity, and availability of hosts for blood meals. Larvae can survive inside dwellings for several months without a blood meal, but they do not molt into the next life cycle stage until they engorge on blood. Adults can survive even longer under the same conditions, but do not develop eggs unless they feed on blood. Bed bugs usually feed on the blood of humans during the nighttime hours and crawl away during the day to hide in nearby cracks, crevices and recesses of furniture, especially mattresses. Bed bugs detect carbon dioxide emitted from warm-blooded animals and respond to warmth and moisture as they approach the potential host. On humans, they tend to feed on exposed surfaces such as the face, neck, arms, hands and back. A peculiarity of bed bug bites is 22
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el e e el e D001 AN HE WNEOWIAWUL S WN - BB N NI NNk LN = O W N S o oo 02 W W W e W R RSNVt ) AR W W W W= O Ww ool NN O B the tendency to find several pink bumps lined up in a row with central red spots through which blood is sucked. Dermatologists refer to this as the "breakfast, lunch, and dinner" sign, recognizing the sequential feeding that occurs from site to site. The effect of bed bug bites varies among people, but they eventually produce red welts that itch, If scratched, the bite areas can become infected. The bites themselves are not painful and typically are not felt. Frequent feeding can disrupt people’s sleep and make them irritable, and seeing bites may cause emotional distress in some people. Heavy rates of feeding can result in significant blood loss and eventually lead to anemia. At least 27 agents of human disease have been found in bed bugs, including viruses, bacteria, protozoa, and parasitic worms., None of these agents reproduce or multiply within bed bugs, and very few survive for any length of time inside a bed bug. Most people experience itching, pain and/or swelling of the skin where a bed bug bite occurs within one day of a bite, Although the bites can cause considerable ! discomfort and loss of sleep, bed bugs do not transmit disease after feeding on multiple hosts. A | small percentage of people expetience significant allergic reactions to bed bug bites, causing greater swelling, itching, and pain. Treatment of the bed bug bites consists of treating the itching and inflammation associated with the bites. Antihistamines and/or corticosteroids may be prescribed to reduce allergic reactions. Antimicrobial ointment or antibiotics may prevent secondary infection, Bed bugs are sometimes thought to occur only in poor and unsanitary conditions, This is not the case. Bed bugs can be found even in very clean environments. Eradication of a bed bug infestation is difficult and should be performed with the help of a professional pest control company. Hotels have seen a significant rise in bed bug infestations. While the elimination of DDT has contributed to the problem, in my opinion, the fault clearly lies with the hotel industry. The hotel industry, in the past several years in light of a difficult economy, has cut staff, One critical reduction of staff has been in housekeeping. Housekeeping no longer is able to follow guidelines and protocol of the hotel industry because 1 person is doing the work of 2 or 3. The housekeeping staff is rushed to complete basic cleaning tasks. Housekeeping staff does not have adequate time to look at bed linens to see if brown, red or dark specks indicate bed bug infestation. They do not have time to look at the crevices of the mattresses to check for bed bugs. So, when guests stay in hotels, it is important to check the beds for signs of bed bug ! infestations and to put your luggage on a luggage rack rather than on the bed or other places where bed bugs like to be. I met Quinn Tessence on Wednesday afternoon, June 4, 2008, The office is closed usually on Wednesday afternoons. Quinn had Googled me. My CV is posted on Skin Clinic’s website. My article that appeared in Pediatrics Annual in 2006 on insect bites and infestations is also referenced on the Internet. Quinn learned that I had a background in entomology and dermatology. Prior to meeting Quinn, I was familiar with his/her notoriety for advocating for victims as an investigative reporter and news anchor for WYBU. Ihad admired Quinn’s willingness to help victims and expose those to blame. When Quinn called, he/she explained that he/she was doing a story on the hotel industry’s unsafe practices and the rise of bed bug infestations. Quinn wanted to schedule a meeting with me to explore the medical side of bed -23-
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W oo ~I NN RN~ bug bites. I was enthusiastic for the opportunity to meet him/her and contribute to the project. In our initial meeting, Quinn stated that he/she wanted to retain my services and that I would be compensated at the same hourly rate I charge patients for examinations, The proposition seemed fair to me because I would be taking away form patient time when meeting with Quinn., Quinn presented me a check for $2,000.00 from WYBU as a retainer fee for consulting with him/her for the investigative report, which I accepted. We spent two hours in that first meeting discussing bed bugs their feeding habits, clinical signs to look for if you have been bitten by a bed bug, possible medical effects from bed bug bites, and treatment. Ishowed Quinn photographs of the bugs and their bites from one of the medical textbooks I had in my office. We also discussed how hotels could use reasonable care to avoid bed bug infestation with simple checks through housekeeping of the bed linens and the mattresses. Quinn had clearly done his/her research prior to meeting with me. He/she asked probative questions and was well versed on the topic. Nevertheless, Quinn furiously took notes while I instructed him/her on bed bugs. Quinn asked me if any patients had recently presented to me with bed bug bites. I told Quinn that I had seen a significant increase in patients exhibiting signs of bed bug bites in the past several months. Quinn wanted me to provide some names of patients with bed bug bites so that he/she could interview them. Of course, under HIPPA, T couldn’t provide confidential information regarding a patient. But I told Quinn that if a patient came in I could give the patient Quinn’s name and they could contact him/her if they were interested. Quinn stopped in my office the following Monday, June 9* and dropped off a flyer for me to provide to patients with bed bugs. Iagreed to provide the flyer to patients for them to make a choice if they wanted to discuss the matter with Quinn. Quinn offered to pay me $100.00 for every referral of a patient with bed bug bites. I declined that offer. Exhibit I isa true and accurate copy of the flyer that Quinn provided to me. Quinn and I discussed some omitted questions that had occurred to him/her after our initial meeting. Quinn wanted to know how long it took for the bite to manifest itself, and how it could be linked to exposure at a hotel if there was delay in the bite marks. I advised Quinn that the bites would manifest in one day. So, ordinarily, the bites would be visible on the second day following the exposure at a hotel or elsewhere. - Quinn confirmed the facts for the story that if a guest stayed at a hotel for two nights that the physical manifestations from the exposure to the human body would be visible, the hotel guest would still be present at the hotel to look for evidence of the bed bug in the crevices of the mattress, and the guest could report it to hotel management. Over the next four weeks, I treated a handful of patients with bed bug bites. I distributed the flyers to those patients. Quinn called me the afternoon of July 7% and inquired if I had treated any patients with bed bug bites. I detected panic in Quinn’s voice. Itold Quinn Ihad distributed the flyers to patients that I treated with bed bug bites, and assumed if they were interested in being part of the news story would call him/her. Quinn told me that he/she had not received any phone calls from people with bed bug bites. Quinn seemed frustrated. He/she remarked that he/she “had hit a wall,” but that he/she had “invested too much to throw the story away.” Quinn pleaded with me to give him/her the name of a patient or two with recent bed bug bites. He/she was convinced that if he/she could talk to them, he/she could convince them to open up, and make a difference to reducing the growing bed bug infestation problem. I'told DA-
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O 00~ AN WA UGN e Quinn I would not violate HIPPA by disclosing private patient information. I suggested alternatives to Quinn, such as using textbook pictures instead of videoing a patient’s bites. Quinn appreciated the suggestion but said that viewers relate to real people, Isuggested to Quinn that there was no urgency to airing the story by any specific date and that the bed bug infestation was not going to go away overnight. I think Quinn may have been worried that someone else was going to air a similar story before he/she could. The next day, Quinn called me to schedule a time to meet on Wednesday, July 9™ to tape me for the bed bug news story. Quinn was in much better spirits. We briefly discussed the questions that Quinn planned to ask me in the interview. Inever felt coached by Quinn to say anything Thadn’t planned on saying anyway. Ididn’t ask Quinn how he/she was presenting the victim’s story. Iassumed Quinn had located someone with bed bug bites ~ maybe even one of my patients, who had received a flyer, and decided to call. In any event, on July 9®, Quinn came to my office with the WYBU camera crew for the scheduled interview. Quinn made me feel relaxed in front of the cameras and with the crew adjusting my coat and microphone. The interview taping was like an orchestra playing a Mozart Concerto. The questions and answers were in a synchronized rhythm. The voice inflections, body movements, and nonverbal cues harmonized. Quinn was dynamic and energized. I could tell by his/her expressions and voice that Quinn was genuinely concerned about the victims of bed bug bites and controlling the problem before it became an epidemic. It wasn’t rehearsed but it came together as if the smallest detail had been planned. Quinn said that he/she hoped to have it aired the following week. On Sunday, July 13%, Quinn called me at home and said, unequivocally, that he/she had bed bug bites. Quinn certainly had enough information through his/her investigative reporting on the topic to identify the cause for his/her itching, bumps, and swelling. I met Quinn at my office an hour later, and confirmed Quinn’s lay diagnosis. Quinn had severe bites, at least 150, all over his/her face, neck, hands, arms and back. Exhibit 2 is a true and accurate picture of the bites [ observed on Quinn’s back. The bites to his/her hands, arms and face were of a similar nature. Quinn showed signs of having a severe allergic reaction to the bites, and was in significant pain. I provided Quinn with prescriptions for an antihistamine and corticosteroids to reduce his/her allergic reaction, and antimicrobial ointment and an antibiotic to prevent secondary infection. I continued to see Quinn as a patient twice a week over the next two weeks to monitor the possibility of infection. Quinn endured significant pain during that period of time. ‘While I was examining the sores during one of the visits, Quinn remarked, “T’d do it all over again to get the story.” Eventually, the bites dissipated, and except for a few small scars on his/her back, Quinn healed well, without any long-term effect. I did not maintain a medical record for Quinn for the diagnosis or treatment. I suppose I was Quinn’s treating physician, but Quinn’s visits seemed more like an extension of the news story. Even though I was Quinn’s treating physician when he/she suffered from the bed bug bites, I didn’t charge Quinn. Rather, I just charged the cost of my services to the retainer that Quinn previously provided to me. Quinn has provided me with a separate fee, however, for my testimony for this statement and if called to testify as his/her treating physician and as an expert in dermatology and entomology. My fee for this statement and trial testimony is $4,000.00 205
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O 001N R LN —_ = [ [o%) —— (O I know there have been accusations that Quinn fabricated the story. I don’t believe it for aminute! Isaw for myself the severity of the bites Quinn received. That certainly wasn’t fabricated. And, Le Condé doesn’t deny there were bed bugs in Quinn’s hotel room. So, that’s not fabricated. The idea that Quinn would purposefully plant the bugs in the room and suffer the bites is illogical. Why would anyone do that, even to get a story? I've spent some time with Quinn as he/she was developing this story. If Quinn cared more about getting the story and not the facts, Quinn would have coached me more in the interview. I've watched Quinn’s news story on bed bug infestation and I believe it is fairly presented. 1 affirm under penalty of petjury that the foregoing is true and correct to the best of my belief and knowledge. /s/ Reed Tayne, MD REED TAYNE, MD _26-
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e g QWO 1AW A WNFEOWOWWIOWL AW = BN BN W N [\ i WW N BN BN O Y 00~ O\ W W W EOR W U ~ N L D DWW W N = O DO PN W STATEMENT OF JUSTIN/JUSTINE CASE My name is Justin/Justine Case. Tam the General Manager of the New York office for Global Broadcast Company {GBC), a global broadcast cable network. Global Broadcast Company has grown exponentially over the past ten years. What started as a single London station became the company responsible for the first global broadcast cable television network. GBC’s business has appeal in the global markets, particularly the European markets. GBC has been expanding its market in the States, and opened a New York office five years ago to concentrate our efforts in appealing to the American market, Between our London and New York offices, GBC stays connected equally with its audiences and their viewing wants and needs. In 2008, GBC’s strategic plan was to target certain primetime audiences. GBC’s philosophy is that to stay relevant, you have to reinvent. GBC continues to rebrand and reinvigorate its established programming. GBC’s 2008 strategic plan included a news exposé to be scheduled opposite Nancy Grace at 8 pm and 10 pm daily. The program would be credible news reports but expose industries and people for bad practices or acts. No one or industry was above reproach. I transferred from the GBC London office to become the first General Manager of the GBC New York office in 2005. Thave twelve years of professional tenure including project management, newsroom staff training and management, contract negotiations, and board governance. Lhave a proven track record of award-winning writing, producing, editing, reporting, anchoring, and management. 1 was born and raised in Liverpool in the UK (United Kingdom). I graduated from the National Broadcasting School in Liverpool. For several years, I worked as a writer, and later producer, in radio broadcasting. I wanted more from my career, so I returned to school and subsequently received an MLA. in Television Journalism from Goldsmiths, University of London. The Department of Media and Communications at Goldsmiths is one of the UK’s leaders in the field of media theory and media practice. After receiving my M.A., I started my career at GBC in London for seven years, rising up in the ranks until I received a transfer to GBC in New York. Ihave been working in New York at GBC for five years as the General Manager. As the General Manager, I routinely recruit, train, cultivate, and manage freelance, temporary, and contract writers, editors, producers, reporters, anchors, and hosts maintaining a high quality control standard while ensuring expenses remain within budget. It is my job to coordinate news-gathering resources and to shape the content of the broadcast, exercising final editorial control. GBC of New York has received the Edward R. Murrow Award and George Foster Peabody Award to my credit. Ifind my career gratifying. But, don’t get me wrong - I do not intend to glamorize the world of the broadcast network industry. It is not for the faint of heart. Long hours, tight deadlines, frazzled nerves, and chronic under staffing often result in emotional outbusts, which are a daily occurrence at GBC, or any other network. News anchors, reporters, and correspondents gather information, prepare stories, and make broadcasts that inform the 27~
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DO B B b = el e e e e e L) U3 L WD L) W LY LW public about local, State, national, and international events; present points of view on current issues; and report on the actions of public officials, corporate executives, interest groups, and others who exercise power, News anchors or hosts examine, interpret, and broadcast news received from various sources. News anchors or hosts present news stories and introduce videotaped news or live transmissions from on-the-scene reporters. In June, 2008, we decided to implement our strategic plan for a prime time news exposé. We had performed test markets on focus groups, The show would be called Justice Prevails. The position for host of the show was advertised on our website, and we had contacted specific higher profile personalities for the position. GBC was looking for someone who was “edgy.” Our ratings had slipped to some of the other networks. To keep the andience attention and have them turn the channel to our network every day, we needed someone who offered a dramatic flair and wasn’t afraid to take an occasional risk. Our records show that on June 27%, Quinn Tessence submitted his/her tapes from a television station out of Indianapolis, WYBU. I do not recall now the specifics of the tapes that were submitted; I saw so many from numerous candidates at the time. Iknow, however, that based upon Quinn’s tapes, we were impressed enough to bring him/her to GBC for an interview. There were only two other candidates that made the same cut. Quinn’s tapes stood out above all the others, however. Quinn’s tapes showcased his/her flair for the dramatic, if not theatrical, presentation of the story. The exposés were cutting-edge. That’s what we were looking for in a host for Justice Prevails. In this day and age of technology, news is available from a variety of sources 24/7, 365 days a week. Our audiences don’t want just ordinary news anymore, They want sensationalism. After reviewing Quinn’s tapes, I studied Quinn’s market appeal in Indianapolis. Quinn’s audiences responded to him/her as well. Most viewed Quinn favorably as his/her persona was as a victim’s rights advocate someone who was “for the people.” Regardless of whether viewers perceived Quinn favorably or unfavorably, he/she had people’s attention and they tuned into him/her at WYBU. WYBU’s ratings and market share in the Indianapolis market had increased by 4 times since Quinn had joined the WYBU team. I contacted Quinn on Monday morning, July 7, 2008 and interviewed him/her in New York on Thursday, July 10, 2008. The interview was equally impressive. Quinn has a nose for news, persistence, initiative, poise, resourcefulness, a good memory, and physical stamina, as well as the emotional stability to deal with pressing deadlines, irregular hours, and dangerous assignments. Quinn is intelligent, but in a way that is relatable to viewers. Quinn has street smarts, too. Quinn thinks outside the box to solicit information from news sources. As a reporter ot host, Quinn could corner even the toughest interviewee. Quinn is confident, almost cocky. Quinn could be condescending too, if you were the target of his/her exposé, Quinn was definitely edgy. In the interview, it was clear that Quinn’s outspoken style, and brashness with his/her adversaries, would be an asset for Justice Prevails. Quinn was the fresh face we needed. T even did some test runs of Quinn in front of our cameras. Tusually don’t take the time for camera test runs if I'm not inclined to hire the person. After the test run, I readily recognized that Quinn would be comfortable on camera as the host of our show. I advised Quinn that a decision would be made within the next two weeks. At the time of 228-
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el N e R SR Quinn’s interview, there were two other candidates that I had planned to interview, who were equally impressive, even though their reporting styles may not have been as theatrical. But GBC was also teetering on finding the right balance of capturing the audience attention versus the shock factor employed by some less credible “news” outlets and television programming. GBC’s tag line is “news you can trust.” We didn’t want to lose sight of that. We still wanted to report and present the news credibly, albeit dressed up a little more. Some were concerned that Quinn was maybe more edgy than the direction we had planned to go. During the interview, Quinn described to me a project he/she was currently working on for WYBU. It was an exposé on the hotel industry’s standards in housekeeping, and specifically bed bug infestation in hotels. Quinn claimed that his/her investigative journalism had uncovered that housekeeping staff were given unreasonable quotas for cleaning rooms. Consequently, Quinn said the staff was often rushed and failed to do their jobs properly for a clean, sanitary, and healthy environment. Quinn said the exposé would show that housekeeping staff did not follow hotel policies by examining beds for signs of bed bug infestation. The exposé was to include footage of hotel beds infested with bed bugs, and victims with bed bug bites. Quinn agreed to provide me with the footage. I was interested in the story because at that time, to my knowledge, it had not been covered globally or nationally. At the time of the interview, I had no intention of factoring in the bed bug exposé in my hiring decision. However, I suppose Quinn may have thought it was critical to my decision for the position. I was more curious than anything. I had heard some talk about New York hotels with bed bug problems. No one else had thought to cover the story at the time. Now it is big news, of course. [ wish now GBC had broken the story. Quinn delivered on his/her promise to send me a copy of the tape of his/her exposé on the bed bug problem of hotels. Ireceived an overnight package of the story on July 18", Quinn’s note along with the tape said that the piece had aired on WYBU on July 17, Actually, that was pretty good timing on Quinn’s part because that gave me the weekend to review the entire piece. Typically my hectic schedule would allow time for a look at only a brief clip. Also, I had completed the last of the interviews for the prime time host position on that same Friday, the 18" Upon reviewing the tape, I was reminded of Quinn’s abilities and style. I thought the story had some real appeal. It was gritty, and would be universally interesting to viewers because it didn’t just target the cheap hotels, but targeted even a premier hotel like the Le Condé. 1have to admit, I was a bit taken aback that Quinn was the victim in the story. Reporters or anchors aren’t the news themselves, rather they only present the news. But in this case, it really personalized Quinn with the viewers, and perhaps this was the type of edge we needed to increase our market share. GBC has succeeded by trying to be different and doing things no one expected. Quinn’s bed bug exposé put him/her over the top in my view. Quinn was my number one choice, Quinn was the quintessential persona for the GBC Justice Prevails host position. Thad planned on meeting with the Executive Producer and News Director on Monday, July 21%, to make my recommendation in favor of hiring Quinn. However, as I mentioned, there were two other candidates for consideration. If the other decision-makers thought Quinn’s style was too brash, another candidate might be preferred. The News Director had expressed some concerns to me that Quinn’s outspoken nature could invite lawsuits. Also, one of the other -29-
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W LI L L) W W BB R B DN PR = e e e e e e candidates would be a hire from within GBC one was a foreign correspondent of GBC, the other candidate hosted our Just In Time in the early morning time slot The candidate currently hosting Just In Time had a certain celebrity quality with an established audience who likely would follow him to the evening time slot and show. In addition, he had worked with our executive producer and therefore was a known quantity. But I thought we needed a new face or persona. I felt confident we would hire Quinn because my hiring recommendations are usually followed - - but not always. Our London Office was the final decision maker. On Monday, July 21, 2008, I received an anonymous voicemail that advised me to check the online addition of the Indianapolis Star for a story about Quinn Tessence. Idid just that. Exhibit 7 is a true and accurate copy of the news article. Ilearned that Le Condé accused Quinn and WYBU of fabricating the story. Le Condé didn’t deny that bed bugs were found in Quinn’s room, but rather questioned how the bugs got there. The voicemail also described a separate incident where Quinn edited a piece to fake a tear in reaction to a story. In any event, the accusations made by Le Condé’s hotel manager, Jacqué Garnier, killed the deal for Quinn to host Justice Prevails. Reporters, anchors, and hosts should be dedicated to providing accurate and impartial news. Accuracy is important both to serve the public and because untrue or libelous statements can lead to lawsuits. 1 notified the other decision-makers to pull Quinn from consideration for the host position. Talways had a back-up plan, just in case it didn’t work out with Quinn. So, later that day, we made the decision to promote from within and offer the position to our foreign correspondent, Lara Morgan, who already had some name and face recognition with our current audience, and also is a known factor to GBC based upon our expetience with her. We pulled back from the decision to go with edginess. You have to have the right person to move in that direction, and Quinn was that person. I contacted Quinn by phone the following day. Iinformed Quinn that we had learned about Le Condé’s accusations and other stories about questionable ethics. He/she sounded shocked. Quinn said, “the ethics line is always moving.” Then he/she said, “this really backfired.” It may appear that because the hotel’s accusations against Quinn killed the deal for him/her that I believed that Quinn’s bed bug story had been fabricated. That’s not necessarily true. Let’s just say I did not completely dismiss the hotel’s claims. IThad doubts. In light of the hotel’s accusations and the edited tearful reaction in the other story, it wasn’t worth the risk or the loss of our credible reputation. Our decision to hire Lara in Quinn’s stead reflects the importance of maintaining credibility with our viewers. Rather than hiring an outspoken, brash host, Justice Prevails temains infetesting because it does not repeat mainstream news, but rather it is an honest reflection of issues that matter to the audience. Had we hired Quinn as the host of Justice Prevails, the salary offered was $1,500,000.00 annually. The contract for employment would have only been for a one-year period that could be renewed, at our discretion. Of course, there was no guarantee that the contract would be renewed beyond the first year. GBC had taken risks with other cutting-edge shows and had been -30-
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O 00~ W= 10 successful with most, but some didn’t fare as well, and were cut after a year. The show under the format with Lara Morgan as host has been successful. In the case with Quinn, a contract renewal was tenuous because we had no idea whether the edgy, dramatic style would have been well received by our viewers. T affirm under penalty of perjury that the foregoing is true and correct to the best of my belief and knowledge. /s/ Justin/Justine Case JUSTIN/JUSTINE CASE 31
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[ W W NN (S R e el el el e v &fiafifig%%38’\)U\fi&)“l\}gb—‘Ol\ggfi[c\)\m-lkaHO\OOO\IO\MAwNHO\COO\IO\LA#b-!l\)»—l STATEMENT OF JACQUE GARNIER My name is Jacqué Garnier. I am the Hotel Manager for Le Condé Inn at 30 Executive Drive in Indianapolis, Indiana. Tam French Canadian; I was born and raised in Quebec. I am now a United States citizen. I came to the United States in 1997 to attend Purdue University in Lafayette, Indiana. In 2001, I received my Bachelor of Science degree from Purdue in Hospitality and Tourism Management with a Marketing/Sales concentration. Purdue has always had one of the leading programs in Hospitality, In 2002, Purdue was ranked the number one school in the country for Hospitality and Tourism Management. Ihave continued to keep abreast of the latest information and developments in hospitality management by taking additional classes at Purdue, including Facilities Management, Business Etiquette for Managers, and Consumer Behavior in Hospitality & Tourism. Le Condé is a member of the Indiana Hotel and Lodging Association and the American Hotel and Lodging Association. AHLA and THLA also provide educational seminars and resources. Ihave taken advantage of these seminars every year, as well as the training resources available to me through IHLA and AHLA. 1also annually attend the Hoosier Hospitality Conference, co-sponsored by IHLA, and receive the latest industry information on a variety of topics. Ihave received information on safeguards and prevention of bed bug infestation through Purdue, IHLA, AHLA, and the Hoosier Hospitality Conference from 2007 through the present. 1 joined the staff at Le Condé in 2007. Le Condé Inn is a boutique, luxury hotel with fifteen guest floors, 150 guest rooms (10 per floor), 30 deluxe suites (2 per floor), and one honeymoon or executive suite, which occupies the entire sixteenth floor. Le Condé is the premier hotel in the Indianapolis area and a Iegend in Indiana hotel history. The hotel was the vision of John Houghton, a millionaire of the time. In 1925, Mr. Houghton set out to create a hotel that would reflect the elegance and luxury of hotels in Europe. The construction of the hotel began in 1926, and opened its doors in 1928. Mr. Houghton’s vision incotporated the novel idea at the time of including bathroom facilities within the guest room rather than guests using a common bathing area. The hotel quickly became the city’s business and social center for the who’s who among the elite. The hotel has had many famous guests, including John F. Kennedy, Harry Truman, the Duke of Windsor, Madonna, Michael Jackson, Lady Gaga, David Letterman, Dario Franchitti and Ashley Judd. Despite the Depression a year after the hotel opened, the hotel has thrived. Through the years, this boutique hotel has developed customer loyalty. In the 1980’s, amid the country’s recession, the hotel was purchased by Boutique Inn Group (BIG) to become its sighature hotel in the States, The hotel was renamed Le Condé Inn. A $17 million renovation in 2007 revived its prestige and luxury. I was hired at Le Condé in 2007 to oversee the renovation. The renovation was completed in March, 2008, Through the renovation, Le Condé continues its tradition of prestige and excellence. Once a vision of a single man, now it’s a city’s pride and joy. Le Condé takes luxury to the next level. The luxury starts with a lavish lobby with crystal chandeliers, spacious rooms (550 sq. feet) with high ceilings, bathrooms of Spanish Ramora marble, plasma TVs with LCD screens in the bathroom, 5” pillow top feather beds, Egyptian cotton sheets and European white goose down comforters. 32-
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g g QWO ITAWNBPWNEFLOWRIONU B WN = (NI I ] R DR DN o ~J &\ L W N [a=Ra\] w2 —_ W W W W W W NN W N O N N T N = OO TN v o The luxury continues with impeccable personal setvice, attentive to the guests’ every need. Prior to joining Le Condé in 2007, I started my career in the hotel industry as the Assistant Hotel Manager at Hotel Célestin Quebec from 2001 to 2004. Célestin is another boutique hotel of BIG. As the Assistant Manager, I maintained the highest standards of services, including overseeing maintenance and cleanliness for guest rooms and the facilities. I was responsible for ensuring the cleanliness of all food and beverage facilities, banquet rooms, and storage rooms. I also coordinated and implemented marketing activities for the hotel, I was then promoted to Associate Hotel Manager at Hotel Célestin and served in that position until January, 2007. As the Associate Manager, I was fully responsible for coordinating and managing the staff and hotel operations. In January, 2007, BIG promoted me to the position of Hotel Manager at their Indianapolis boutique hotel, Le Condé. As the hotel manager at Le Condé, in addition to overseeing the $17 million renovation, I was, and continue to be in charge of ensuring employees are trained for their positions to maximize service, production and efficiency, Iam also in charge of managing the property operations to assure optimum performance and property appearance. I ensure that the hotel’s property is well maintained and all mechanical equipment is in good working order. Ihandle any concerns arising with guests or visitors to the hotel including billing issues. In the year 2000, the hospitality industry did not want to adopt bed bug action plans. Having a bed bug action plan was like admitting your hotel had bed bugs. About five to seven years ago, the AHLA recommended hotels to change some of their housekeeping protocols as a way to identify a problem early. Now, if your hote! does not have bed bug action plan, you are at risk of losing your reputation and a lawsuit. In the hotel industry it is deemed below the standard of reasonable care if the hotel does not have a reasonable bed bug detection program in place, and if the hotel does not implement or adhere to the protocol. Le Condé had implemented a bed bug action plan prior to my taking the position as the Hotel Manager. However, 1 continually review and improve the protocol as we learn more in the hotel industry to increase employee awareness, training, and eradication of potential infestations. The management of the Le Condé takes the issue of bed bugs very seriously as the safety and comfort of our guests are our top priorities. Let me first say, there is no way to stop bed bugs from being brought into any hotel, New guests are arriving every day from all over the world, and bringing their potentially infested luggage with them. Your hotel can be bed bug free one day and infested in multiple rooms the next. So prevention, in the lodging industry, is early detection. Bed bugs must be detected very quickly after they are brought in, hopefully, before they bite someone. To facilitate this early bed bug detection, all of Le Condé hotel employees receive some bed bug identification training. This includes the reception staff, maids, facilities personnel, hotel managers, event planners, maintenance staff, catering staff, bellhops, cooks, janitors, and absolutely everyone else. Why everyone? Because our employees are located all over the hotel, and if everybody is looking for bed bugs there is greater chance that you will discover them quickly. After our renovation was completed in March, 2008, I wanted to implement the highest quality of standards for Le Condé. Raising employee awareness on the issues surrounding bed bug infestations has become a critical element in hotel property operations. Trained and 33
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L) WY W) L2 L) LI LW W [CH SR SH R SR NE S SRS i e el sl e =N knowledgeable housekeeping staff is one of the best lines of defense, along with having regular pest control inspections. Bed bugs can crawl out of a traveler’s suitcase and establish themselves in hotel rooms. The process of eliminating bed bugs from hotel rooms can be quite expensive and lead to litigation, large settlements and loss of business. So, beginning in March, 2008, T contracted with the best pest management company in the Indianapolis area, DDT Pest Control, to train our employees for early bed bug detection and to perform regular pest control inspections, DDT Pest Control trained our housekeeping personnel to know what bed bugs and their fecal stains look like so they can then alert management immediately if they think they see bed bug evidence in a hotel room. This early detection helps to identify infestations before they get started, The trained bed bug staff members also serve as handy inspectors if a guest complains about bites or bed bugs in their room, an incident we have never had to deal with except in the case of Quinn Tessence’s alleged complaint. The protocol at Le Condé requires that as beds are being stripped, the linens and pillowcases used by hotel guests be checked for small blood stains that look like small reddish brown spots. The mattress also is checked by closely examining the seams for brown spots that could be bug feces, shed skin or actual bed bugs. Bed bugs can hide in the smallest spaces between headboards and walls. Headboards are checked thoroughly, as well as under the bed skirting, and especially pleated seams. We also check draperies, molding, pictures, and baseboards, especially ones near beds. Housekeeping personnel are provided with flashlights to check small cracks and crevices. Thorough vacuuming is important as well. Le Condé, under my direction, has also taken measures to remove clutter from the guest rooms where bed bugs can hide and if any cracks or ctevices are detected they are sealed to remove hiding places. All of these measures were in place in 2008 when Quinn Tessence was a guest at Le Condé. Exhibit 9 is a true and accurate copy of the Bed Bug Inspection Protocol information sheet that is distributed to employees of Le Condé in the training for bed bug inspections, and that was used in 2008. It is also posted in the housekeeping area of the hotel. The Protocol has not changed materially since that time. We do not use canines to detect bed bugs. It is costly, about $10,000.00 per inspection. Also, not all dogs are 100% accurate (but usually they are above 90% accurate). The Bed Bug Inspection Protocol is required of all housekeeping employees, in addition to their routine housekeeping functions. Exkibit 10 is a true and accurate copy of the Housekeeper Task List, which details the tasks required of the housekeeping staff member for the cleaning of each guest room. In addition to these tasks, the housekeeper also has the responsibility for stocking their carts, and removing roll away beds or cribs, previously performed by housemen. Due to the economic downturn the housemen positions wete eliminated and assigned to the housekeeping staff. The reassignment of these tasks is not substantial, in my opinion, because guests at luxury hotels rarely ask for roll away beds or cribs. Moreover, the stocking of the housekeeper’s cart can be performed rather expeditiously. We had to make several tough decisions due to the economic downturn, In 2007, when I became manager at Le Condé, housekeepers had a 14-room quota. In March, 2008, I downsized the housekeeping staff and required a 20-room quota for room cleaners, not including turndowns. This quota would apply in all conditions, whether a cleaner is covering suites, double .34-
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W3 W WY L LY WD NN NN RN /o s s e e or single rooms, and whether a room cleaner has to travel to multiple floors. The increased quota does not impair the quality of our housekeeping services. Our renovation in March, 2008, significantly reduced the time and effort required of our housekeeping staff because everything is in new, pristine condition. We installed bathroom surfaces and flooring that are easier to clean, and our newly installed heating, cooling ventilation system includes an air filtration system. With the new filtration system and the fan running full time, all the air goes through the filtration system four times per hour and virtually removes all dust particles. So, there is little dusting required by the housekeeping staff. Previously, under the 14-room quota, housekeepers were expected to clean each room in approximately thirty minutes. With the 20-room quota, housekeepers have approximately twenty minutes to clean each room. Ihave had no complaints from any housekeeping staff that the new quota is too cumbersome. Nor have we had any significant complaints that a room is not cleaned to a guest’s expectations. Of course, there are always minor complaints, such as amenities not sufficiently supplied, or an occasional complaint of a dirty towel left behind the bathroom door, but nothing of any significance. There has been no change in the number of these minor complaints after the housekeeping room quota increased. However, subsequent to the incident involving Quinn Tessence, we decreased the room-quota for our housekeeping staff to the previous 14-room quota and we hired additional housekeeping staff. T am familiar with Quinn Tessence. Mr./Ms. Tessence was a guest at Le Condé Inn the weekend of July 11-13, 2008. Prior to that weekend, I also had two encounters with Mr./Ms. Tessence on the weekend of July 4, 2008, to resolve certain problems concerning him/her, Prior to these occasions, I was familiar with Quinn Tessence through his/her news reporting/anchor position at WYBU. Thave never been fan of Mr./Ms. Tessence. His/her reporting style seems to me to lack credibility and integrity, He/she goes for the dramatic effect rather than merely reporting the facts. I think the news should impartially report facts and not attempt to manipulate them to achieve a certain appeal and turn it into a “story.” I held these opinions of Mr./Ms. Tessence long before the incidents involving Mr./Ms. Tessence at our hotel. Now, I can say with firsthand knowledge, that Mr./Ms. Tessence is a liar, and fabricates things just to create a “story.” With regard to the July 4™ weekend, Mr./Ms. Tessence had booked five rooms for family members for a one night stay on Friday, July 4", Mr./Ms. Tessence was not a guest at the hotel for that evening. However, Mr./Ms. Tessence was a visitor at the hotel and participated in some of the hotel festivities for the July 4" weekend. At approximately 1:30 a.m., on Saturday, July 5, my assistant manager called me to handle an intoxicated guest in our Le Fantastique Lounge. ‘When I arrived shortly thereafter, I observed Mr./Ms. Tessence in a drunken, loud, raucous, and obnoxious state harassing other hotel guests, visitors, and our staff. The bartender had refused to serve Mr./Ms. Tessence with any further alcohol, which resulted in Mr./Ms. Tessence becoming belligerent. 1learned from my assistant manager that the bartender and the assistant manager had already tried to subdue Mr./Ms. Tessence. When I spoke with Mr./Ms. Tessence, 1 introduced myself as manager of the hotel. When my efforts to quiet him/her down failed, and guests were leaving due to the annoyance of Mr./Ms. Tessence’s conduct, I offered to have our limousine driver take Mr./Ms. Tessence to his/her home. Iinformed him/her that the only other option was for me to call the police and report him/her for public intoxication. Mr./Ms, 35-
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O 00 I N B L N s Tessence was visibly angry. He/she shouted, “Do you know who Iam? Iam a celebrity. I'm the star news anchor at WYBU. If I want, [ can ruin you and this hotel, just like that,” and then he/she tried to snap his/her fingers but couldn’t because he/she was drunk, Mr./Ms. Tessence speech was slurred, but 'm pretty sure that’s what he/she said. I could decipher most of what he/she was saying. In any event, he/she understood my resolve to end the disruption to our hotel, and our limousine driver took him/her home a few minutes later. That was not the end of our problems with Mr./Ms. Tessence. On July 5" approximately around noon, Mr./Ms. Tessence had returned to the hotel and became belligerent again when checking out the rooms for his/her family. A billing issue was the source of the problem this time. I think that Mr./Ms. Tessence, in his/her hangover state, was still holding a grudge because he/she had been escorted out of the building due to the lounge incident. In any event, Mr./Ms, Tessence claimed that he/she had been quoted a special rate of $199.00 per night for each of the 5 rooms rather than our standard rate of $279.00 per night. However, the $199.00 room rate was applicable only if you booked the room for a two-night stay. Tused the “LAST” approach to deal with Mr./Ms. Tessence’s complaint, which stands for listen, apologize, solve, and thank. Guests are less likely to leave frustrated if we have genuinely and actively listened to the complaint, demonstrated understanding and thanked them after the problem has been resolved to reassure them that the hotel does not begrudge them the right to speak up. Iasked Mr./Ms. Tessence to come to my office to resolve the problem because he/she was yelling in the lobby area and disturbing our other guests. Once in my office, after listening to his/her complaint, I explained that the discounted rate was our way of increasing hotel occupancy for more than just the July evening, as we expected near full occupancy for the 4®. However, July 5% is often less than full occupancy, so we offered the special two-night room rate. I even showed Mr./Ms. Tessence the website page that showed the special room rate was for a two-night stay. To resolve the problem and to maintain good customer relations, I offered to discount the $279.00 rate to $259.00 per night and offered to give Mr./Ms. Tessence a free night’s hotel stay on another occasion. Mr./Ms. Tessence still wanted to argue with me I take it he/she doesn’t like to concede on any point but he/she finally agreed to the compromise. When he/she left my office, Mr./Ms. Tessence said, “You haven’t heard the last of me yet!” I didn’t know what he/she was referring to at the time, but after he/she made the bed bug complaint, I knew this was his/her way of getting back at the hotel, Mr./Ms. Tessence had previously booked a guest room for July 12% as part of a block of rooms that was reserved for the Roberts-Keeley wedding reception. However, on July 10, 2010, Quinn Tessence called the hotel to book an extra night stay, arriving on July 11%, instead of the 12%, He/she indicated he/she was using the free night stay that Thad given as a concession to him/her to resolve the prior billing dispute. Nothing unusual occurred over the weekend until the morning of July 13, On that morning, approximately at 9 a.m., Mr./Ms. Tessence called our front desk and reported bed bug bites and infestation. Our Associate Manager called me immediately, and we rushed to the room. When we arrived, the camera crew from WYBU was already present with their cameras and other equipment filming the hotel room, and more specifically a mattress inundated with bed bugs, along with evidence of bed bug fecal stains on the mattress. The camera crew, at - 36-
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e e el e S ey VoAU R WN=OWY-IAWULD N = NN NN W R = O ST NI NS I I ) O oo~ W W O L W2 R S DD W WL W W fi_noxooo\lo\ur X3 Tessence’s direction, turned toward me to film my reaction. Naturally, I was shocked and honestly horrified. Such an incident can kill a hotel’s business. Mr./Ms, Tessence was scratching his/her bites, which they filmed, while accusing the hotel of poor quality assurance measures in our housekeeping protocols for bed bug prevention. I went into automatic mode of using the LAST approach in dealing with hotel guest complaints. When I apologized to Mr./Ms. Tessence, it was not intended as an admission that the hotel had been negligent. I told him/her that we would waive the bill, and offered a free week’s stay whenever he/she wanted. 1 merely was trying to alleviate any frustration experienced by a hotel guest. You know, “the customer is always right” approach. Ididn’t realize the cameras were turned on me, and captured the apology like the hotel was guilty of neglect. The events that occurred that morning were cut and pasted together for the exposé to create a “better story.” Tessence manipulated statements out of context. T offered to provide Mr./Ms. Tessence another room in the hotel, but he/she said, “No, I have a story to report.” I offered to wash Tessence’s clothing and scrub down his/her luggage so that any bed bugs would nof be transported elsewhere. It's a known fact that bed bugs spread from place to place by way of luggage and clothing. Mr./Ms. Tessence declined my offer. Terry/Terri Fyde approached me when all of the commotion was going on, and said “Things are now always as they seem. Give me a call,” and then he/she gave me a piece of paper with his/her name and phone number on it. Thad no idea what he/she meant at the time, and didn’t give it much thought. At the time, I was preoccupied that we had an infestation of bed bugs in our hotel. T don’t deny that there were bed bugs in the room occupied by Quinn Tessence. I saw them for myself. Not only did I see the mattress with the bed bugs scurrying in the crevices and folds of the mattress, but I also saw the fecal stains. Exhibit 5 is a true and accurate picture of the bed bugs and stains appearing on the mattress in the guest room occupied by Quinn Tessence at Le Condé. The question is not whether the bed bugs were there; it’s a question of when and how they got there. I feel confident that our hotel housekeeping staff exercises exemplary care and skill in cleaning rooms and inspecting for bed bugs. Mr./Ms. Tessence left an hour later. We called DDT Pest Control, who arrived within the hour and began an inspection and extermination of the bed bugs. A complete detailed inspection was performed of the room occupied by Tessence. Other than the mattress, all areas of the room were inspected with no evidence of any infestation found. We also systematically checked each hotel room, as guests checked out. No other rooms showed any evidence of bed bugs. In fact, other than Quinn Tessence’s complaint, we have never before and never since had any complaints or signs of bed bugs. I called Quinn Tessence at the WYBU station and reported the results of the inspection, but, of course, the fact that there wasn’t any other evidence of bed bugs did not make his/her “news story.” Quinn Tessence’s news exposé on bed bugs in the hotel industry aired on Thutsday evening, July 17" during histher “No Apologies” investigative news segment. Exhibit 6 is a true and accurate copy of the transcript of part of the “report.” on No Apologies.” He/She should be apologizing for fabricating a story that caused the hotel its reputation and business. Le Condé is -37-
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w G LY L L) W) (S SRS SIS S S e el e el sl e ey depicted in the show as a hotel with poor quality assurance and cleanliness. The story was one- sided. Mr./Ms. Tessence did not report that it was the only guest room where bed bugs were detected. He/she also did not report that a pest control expert immediately eradicated the infestation, The story seems to infer that the problem was widespread at Le Condé. 1was furious with Quinn Tessence’s exposé, and particularly how he/she targeted Le Condé, It was as if he/she knew it made his/her story better by having a luxury hotel with bed bugs. The story was damaging to Le Condé. As a result of Tessence’s fabricated story, the hotel experienced a significant loss of business. Approximately 75% of reservations for the remainder of July, 2008, were cancelled. The following two quarters showed revenue down by a third compared to the same quarters in the past two years. Exhibit 11 is a true and accurate summary of the revenue compatisons for third and fourth quarters of 2006 through 2008, Le Condé Inn claims that Quinn Tessence’s defamatory comments resulted in the loss of income to the hotel. When we prepared the room for eradication of the bed bugs, we bagged everything in the room, The mattress was of course, discarded, and the linens had since been washed and dried in high heat. On Saturday, July 19, after the room and its contents were re-inspected and cleared for re-use, we began to return objects to the room. It was then, that I noticed a note crumbled in a wastebasket that had been previously bagged. Exhibit 12 is a true and accurate copy of the handwritten note that was found in the guest room occupied by Quinn Tessence. Obviously, the handwritten note shows that Mr./Ms. Tessence was planning to expose himself/herself to the bed bugs at our hotel, He/she knew it would take at least 24 hours for the bites to show, and that if he/she scratched the bites, the sores would worsen. The notation for the camera crew to be there in the morning is the smoking gun. Tt shows that this was a staged event, Why else would he/she make a notation for the camera crew to be there in the morning? When I saw the note, T remembered Mr./Ms. Fyde’s comment and suggestion that I call him/her. I called Mr./Ms. Fyde on the 19". He/she informed me that he/she had been a producer for the WYBU news, but had been fired because he/she took issue with Quinn Tessence’s unethical reporting. Mr./Ms. Fyde then told me that before he/she left WYBU, he/she had been working with Tessence to produce the story on hotel bed bug infestation. Ilearned that Tessence had struck out hotel after hotel in finding bed bugs and the story was going to be canned by the station. Tessence could not even locate any victims with bites. He/She was desperate. I also Jearned that Quinn Tessence had been given a vial of live bed bugs from a source for the story. Right then and there, I knew that Mr./Ms. Tessence planted the bed bugs in the hotel room at Le Condé Inn. Mr./Ms. Fyde has agreed voluntarily to come forward to testify in this case. But, at the time, he/she requested that I maintain the confidentiality of his/her identity as the source of my information because he/she was terrified that Quinn would make sure that he/she would never get a job in the industry again. Irespected his/her wish. Isubsequently hired Mr./Ms, Fyde to produce an advertising piece for the hotel. It’s not a big job, but I thought he/she helped Le Condé in its time of trouble, that T would help him/her out. Besides, he/she does excellent work, and as a freelance producer, it is a cost savings for a project I had planned to do anyway. Later that Saturday, I contacted a local newspaper reporter and gave them the “real story” how Quinn Tessence planted the bed bugs in the room and fabricated the bed bug infestation at Le Condé. The story appeared in the newspaper on Sunday, July 20", Front page news. Finally, -38-
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e e e W OOV -dJXth »hWN— Tessence got a taste of his/her own poison. Exhibit 7 is a true and accurate copy of the news article, and accurately reports what I said to the reporter. 1did not discuss the news article to any person or entity, other than to employees of Le Condé Inn or BIG. I was unaware at the time that Mr./Ms. Tessence was interviewing for a position at GBC. T affirm under penalty of perjury that the foregoing is true and correct to the best of my belief and knowledge. /s/ Jacqué Garnier JACQUE GARNIER -30.
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LY LD ) LY W LW W BB DI DO B DN DD DI D) i b et ek e e el e i e STATEMENT OF TERRY/TERRI FYDE My name is Terry/Terri Fyde. Iam a former employee of WYBU. Iworked at WYBU for 14 years. I started as an associate producer for the morning news program, First Light News. After a few years I became producer of the show, and later took on added responsibilities of producing our late night newscast. The station management recognized my work as a producer for those two news segments. Consequently, in 2000, I was asked to produce our primetime newscast, the Evening News, an hour-long program. The other newscasts were only half hour time slots. Iremained Producer of the Evening News at WYBU throughout the remainder of my employment with WYBU. I was fired from WYBU on June 25, 2008, when a dispute arose involving what I believed to be unethical reporting by Quinn Tessence. I called him/her out on it. T am a straight-shooting sort of person. Icall ‘em the way I see ‘em. Ibelieve that quality has gained me respect in this industry and at WYBU because people know I'm going to tell it like it is. They always know where I'm coming from. And, when I look in the mirror at the end of the day, I know my integrity is intact. 1 am presently unemployed. After leaving WYBU, I found it very difficult to find work as a producer. I think Quinn blacklisted me. However, I have several projects in the works as a freelance producer. I produced an advertisement for Le Condé Inn. It was a small project. I received only $3,000.00 for the entire project - writing, producing, directing, and editing. Currently, I am writing, producing and directing my own documentary, a sort of behind the scenes look at the TV news industry and what it has become. Ihave strong opinions regarding the current state of affairs in the world of TV broadcast news. The news no longer impartially disseminates facts. Instead, we’ve become accustomed to the news using drama and theatrical antics. Quinn Tessence is the quintessential new age news anchor that I abhor. He/She is all about sensationalism and drama, and less about facts, He/She is brash and outspoken, not for the purpose of uncovering the facts, but only because that style sells. Quinn’s not a reporter of the news. Rather, Quinn tries to make the news. The stories on today’s news broadcasts aren’t always newsworthy but instead grab attention long enough to keep a viewer from turning the channel. And some of the most newsworthy news ends up on the cutting room floor. My documentary explores the news of yesterday and the news of today. It’ll be an eye-opener. When it airs, I believe it will be award winning and open up many doors for me. The documentary hasn’t been distributed yet because I need some additional funding. [ suppose my testimony in this case might help promote the documentary. But, that’s not why I'm testifying. Once again, I feel the need to stand up for what’s right and to make sure the truth is known, That’s why I'm testifying in this case. Ididn’t come forward initially in this case because I was terrified that Quinn would ruin me completely if I revealed him/her for who he/she really is a fake. He/she had already managed to have me fired at WYBU, and [ was struggling to find another job as a producer, A lot of doors had been shut in my face. I did, however, speak up regarding the bed bug issue; I spoke with Jacqué Garnier. But, I asked that my identity remain confidential, I never spoke with anyone else about the Le Condé bed bug story. 1had heard through the grapevine that Quinn was in the running for a TV show host on a cable network around the time the hotel bed bug infestation story was being aired. But -40-
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—_ _ O W A W | \C S SOV -1 W DN NN gfic\m#wl\))fl W W W N WM = O W W2 W W W W o0 ~1 O\ L O =) RN SESELES Twouldn’t have had the first idea as to the cable show or the person interviewing Quinn. Besides I had learned my lesson that whether the news is manipulated doesn’t seem to matter to the networks; all they seem to care about is if the news has flashy appeal to the viewers. As the producer at WYBU, I transformed what was often a poorly-timed hodgepodge of unrelated news stories and segments into streamlined and cohesive shows with an artfully written continuity that flowed gracefully between hard news blocks, newsmaker interviews, and feature segments -~ consistently timed perfectly down to the second. Everyday, I shaped the news show by stacking -- ordering, arranging, and timing of the entire show, performing much of the writing, line producing, and all of the copy editing. As a producer, I wrote and coordinated feature-length videotaped packages, culling the tape and supervising the videotape editor in the final cutting of the packages. It was also my responsibility to oversee the screening of all videotape and graphics for editorial content and quality control. I’ve written, edited, and produced an estimated 3,500 television news broadcasts over the past 14 years - working with enormous volumes of material under extremely tight deadlines, consistently turning out award- winning material. I was also instrumental in the decision to hire Quinn Tessence as a news reporter for WYBU, and later in the decision to promote him/her to the anchor of the Evening News. Thired Quinn and had been at WYBU ten more years than Quinn, so imagine my surprise when I was the one fired when a dispute arose between us over news content. Thave no doubt in my mind that Quinn Tessence fabricated the bed bug infestation at Le Condé Inn. It would not be the first time that Quinn crossed the ethical line. Some may call me a purist, but I strongly believe that you cannot manipulate the news. As a reporter, you can’t direct the person you’re filming or interviewing to do something or say something other than what naturally occurs. Sure, as a producer, we're not going to air every second of the interview or film. Thete are time constraints and you have to make it interesting. Quinn went beyond routine editing. For example, Quinn once reported on a story of the rise of homeless people, especially affecting children. The news report was significant as it was, but Quinn wanted to make it even more dramatic. So, he/she directed a homeless seven-year-old child to take a donut out of a nearby trash container and take a bite. Quinn had placed the broken donut on top of the trash, with the child’s knowledge, moments before filming the child. Texercised my right as producer to delete that portion of the story before it aired. If it had occurred in real life and it could easily have occurred on another day or at anothet time ~ but in this instance, it was staged. Under my watch, we’re not going to create something that didn’t happen then and there. Quinn is highly competitive, and has the attitude of the “ends justify the means.” There was one instance when Quinn told a source he/she loved them just to get information, Even in a simple golf game, Quinn doesn’t play on the up and up. I've played golf with Quinn on prior occasions. Quinn’s one of those golfers that if you’re not looking, he/she will pick up the ball or nudge it with a foot to put it in a more favorable position to hit. This lawsuit is just another example. Quinn fabricates a story and then manipulates the situation so it appears like he/she is the victim of defamation. 4]-
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WL W W W B DD DO PO DY D) DD bty b e e e b By mid-2008, as Quinn gained celebrity status and the arrogance that accompanies it, Quinn and I were constantly at odds because of Quinn’s brazen disregard for factual reporting. 1 want the news to be real. Quinn did not hesitate to manipulate the facts for a good story. Quinn knew how to pull in the audiences. Quinn portrayed himself/herself as a victim’s advocate, someone who was “for the people.” From the time that Quinn was hired in 2004 through mid- 2008, WYBU'’s ratings and market share in the Indianapolis market had increased by 4 times. For such short time frame, the quadruple increase of market share is a huge leap in this industry, and particularly for this market. Quinn’s claim to fame was his/her special investigative exposés that aired on Thursday nights called “No Apologies.” No person or industry was spared if it made a good story for Quinn. With the increase in market share, Quinn thought he/she was above reproach. Quinn had planned to air another manipulated story on “No Apologies” in June, 2008. Quinn had filmed the story on June 17®. The story centered on a mother’s angst after learning that her daughter had been misidentified as a victim in an automobile accident, only to learn later that the daughter had not made the fateful trip with friends but had gone camping in the wilderness for a week instead. The story was good, Powerful. Emotional. But Quinn couldn’t leave well enough alone. After shooting the interview, Quinn decided to film his/her reaction to the mother’s heartfelt story. So, back at the studio, Quinn mustered up a tear streaming from his/her eye, filmed it, and edited it to the tape of the interview with the mother has if the tear had occurred simultaneously with the interview. On June 18, T expressed my concern to Quinn that he/she had crossed the ethics line, 1 told Quinn I was cutting the clip of the faked tear. On June 25%, a day before the story was to be aired, I learned that Quinn had reinserted the clip of the faked tear. I told the production crew that I had the final call as the producer, and the faked tear would not be part of the story. Quinn went over my head and complained to the WYBU General Manager, Daryl Licht. Ioverheard Quinn telling Daryl that I was out-dated with old-fashioned ideas about news reporting, Daryl called me to his office to sort out the dispute. To keep Quinn happy, Daryl suggested that I let this one go. Daryl reminded me that Quinn had been good for the station’s ratings and market share. Icouldn’t compromise on ethics. I started shouting at Licht with righteous indignation. I'm not one to hide behind superficial niceties. I gave him an ultimatum. I said I would not be part of producing Quinn’s “No Apologies” segments in the future if I didn’t have full editorial control and if the fake tear was left in the story. I was fired that day insubordination they said and the story, fake teardrop and all, aired the next day, June 26", on the “No Apologies” segment. The story later received some journalism and media awards, even though it was faked. Before I was fired, I had been working with Quinn to produce a story on bed bug infestations in hotels. I thought the story had some real promise at the time. I had heard about some New York hotels that had problems with bed bugs, but the story had not been broken either nationally or locally. Ithought it would be a coup for WYBU to be the first to break the story. Quinn had been working on the story for weeks. Besides the theatrics and sensationalism, two strengths that catapulted Quinn’s success were (1) Quinn’s tireless devotion to get a story, and (2) Quinn’s dedication to researching the topic backwards and forwards. By the time the bed bug story aired, Quinn probably knew more about bed bugs than any expert. A42-
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NN IR N R O In early June, Quinn started with interviewing a physician, Reed Tayne, to learn about the clinical manifestations of bed bug bites, the effects, and treatment. WYBU, per my authorization, advanced $3,000.00 to retain Dr. Tayne as our medical expert for the story. Quinn attempted to find victims of bed bugs through Dr. Tayne as well. On June 10, 2010, Quinn interviewed on film an exterminator, learning more about bed bugs hiding spots, telltale signs of bed bugs, and what procedures should be in place for a hotel to prevent bed bug infestation. Then, Quinn began his/her quest to find bed bugs in a local hotel or motel. Acting undercover, WYBU would check into a hotel and carefully look for bed bugs. I usually was the person who went to the front desk to check into the motel because, as the show’s producer, I was not a face that would be recognized by the general public. Quinn had scouted out the places in advance, and selected all the cheap, seedy motels. He/She was convinced that bed bugs would be readily found. We checked into the first motel on June 14", and found nothing. We checked into three or four rooms on June 15" and June 16™. Nothing again. Quinn didn’t give up. On June 21* and again on the 22™, we booked five rooms each day in cheap hotels, and likewise struck out. After three weeks on the story, Quinn had no victims of bed bug bites and no evidence of bed bug infestation at any hotels or motels. Quinn was frustrated. Irecall Quinn said, “maybe I should just plant some bugs. We know they exist.” I assumed he/she was just joking. Before I was fired, Daryl had communicated to Quinn and me that he was going to can the story if something didn’t materialize soon. WYBU had invested money to get a story that was going nowhere. When Quinn heard the possibility that the story might be canned, he/she was desperate. Quinn didn’t like to be defeated. On June 23", Quinn interviewed and filmed a dog trainer, who specifically trains dogs to find bed bugs in hotels, motels and lodges. Ilearned that dogs are pretty efficient and proficient at finding bed bugs. They can search an entire hotel with 100 rooms in a couple of hours, However, they can only detect live bed bugs, so they cannot locate evidence of past infestations. Quinn tried to get the dog trainer to tell us a hotel or motel where the dog had detected live bed bugs, but the trainer didn’t want to lose business because of the lack of confidentiality. The dog trainer demonstrated for us how the dogs are trained to find bed bugs. She had several sealed test tubes of live bed bugs. She simply released the bed bugs on the mattress for a dog to locate. I was surprised the bugs were still alive in the enclosed tubes, but I learned that bed bugs could survive in the test tubes or anywhere, except high heat, for 6 months to year without feeding. I saw the dog trainer hand a test tube of several live bed bugs to Quinn. I presumed she gave it to Quinn to keep for his/her research. I was at Le Condé Inn for the Roberts-Keeley wedding reception the weekend of July 11- 13. Thad been a co-worker of the groom and wouldn’t have missed the wedding and reception for the world. At the time of the wedding reception, I had moved to Florida to live with my parents because I was out of a job, out of money, and needed to get away. The wedding reception was on Saturday, July 12%, but since I was traveling, I arrived a day early. I was hoping Quinn would be to busy with his/her celebrity status to make the wedding and reception, but I saw him/her show up. We avoided each other at the reception. Around 8:30 a.m. on July 13, as T was loading up my luggage in my car in Le Condé’s parking Iot, I saw one of the cameramen that T had worked with at WYBU scurrying to retrieve -43-
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—_ = O W00 IR W [ e e e 0o ~I O\ U N N = O 2 camera equipment from his van. He told me that Quinn had finally got his/her bed bug story, only he/she was the victim. He said Quinn had numerous bites and the mattress was completely infested with bed bugs. 1knew then that Quinn, like he/she had done before, fabricated a story. Quinn must have planted the bed bugs from the tube he/she received from the dog trainer. He/She needed the story to materjalize before Daryl canned it. I've heard Quinn say on more than one occasion, “Desperate times, call for desperate measures.” I followed the cameraman, and watched the commotion. Ieven saw Quinn nailing the hotel manager, who was profusely apologetic and in a state of disbelief. I gave the hotel manager my name and telephone number and told him/her to call me for the real story because I had learned with Quinn that things aren’t always as they seem. My stay at Le Condé was nothing short of luxurious. The housekeeping was impeccable. It would pass any white glove test. 1cannot believe that a hotel with such high quality standards would have a bed bug infestation problem. 1 affirm under penalty of perjury that the foregoing is true and correct to the best of my belief and knowledge. /s/ Terry/Terri Fyde TERRY/TERRI FYDE A4
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e i Uy QWO IR WNHHOWE O WU DGR [ASEENS IR R o Sl N AW - W RN SO oo w2 —_ WL W W W W W W =R it INEN (VYN STATEMENT OF DEE D. TEE My name is Dee D. Tee. Iown and operate DDT Pest Control located at 2132 Calabro Dr., Indianapolis, Indiana. Iregularly participate in national seminars focusing on insects, their behavior, biology and control, and I consult with other pest control companies on a variety of pest issues in both commercial and residential settings. In 2006, I was recognized as one of the top 40 professionals in the pest control industry under the age of 40 years old. Bed bugs were once all but eradicated in the United States with broad-spectrum pesticides such as DDT, which killed a wide variety of bug types. Concerns about health and the environment led to many of these pesticides being removed from the market. Bed bug infestations have increased in the U.S. because of immigration and travel from other countries, and restricting stronger pesticides. Today, pest control methods are more focused. Pesticides are designed to kill a particular species (like cockroaches). Bed bugs, are not specifically being targeted, and therefore are slipping through the cracks - literally. (That’s pest controllers’ humor.) The bugs also have developed a resistance to other pesticides. While bed bugs are often found when sanitation conditions are poot, bed bugs can also live and thrive in clean environments. Crowded living quarters facilitate the spread of bed bugs. Bed bugs travel surprisingly well, and are quite comfortable stowing away in luggage and even clothing. The bugs are increasingly found hiding in beds, upholstered furniture and behind baseboards in urban hotels in America. Since they tend to stow away and travel with humans, any place that sees a number of world travelers is susceptible. Pilots, wealthy people, and business travelers can bring bed bugs along unwittingly. Hotels are easy targets for bed bug infestations because bed bugs can arrive on the clothing or in the suitcases of guests from infested homes or other hotels harboring the pests. Once established, bed bugs can then move throughout a building by crawling or hitch-hiking on items used during travel such as suitcases, outerwear and other belongings. Most people with any knowledge of bed bugs know that if you stay in any hotel, the first thing you should do is check for bed bugs. It’s something that can be easily and quickly done by lifting up the bed linens and checking the crevices of the mattress for bugs or stains. Even if you don't see any signs of bed bugs in your hotel, you should be careful not to allow any bugs the opportunity to hiich a ride home with you. Don't put your clothes on the carpet or on upholstered chairs. Likewise, keep your suitcase off the floor and the bed. Use a metal snitcase rack, if one is available. Bed bugs can live in tiny cracks in furniture as well as on textiles and upholstered furniture. They tend to be most common in areas where people sleep and generally concentrate in beds, including mattresses, box springs, and bed frames. Being very flat, they are able to find a number of places in which to hide. Typical hiding places include beneath loose flooring, behind loose wallpaper, inside box springs, in mattresses, and in upholstered furniture. One common hiding place in hotel rooms is behind bed headboards that are fastened to the wall and another is behind moldings just above the floor. _45-
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[UCREEVIR %) L)WY W L LI DN N RN RN R DN D /= = e el There is only one species of bed bug in Indiana, Cimex lectularius. This species is a pest of humans worldwide, including the entire U. S., and has over 50 common names, among them “mahogany flat,” “redcoat,” “wall louse,” and “bed louse.” Bed bugs typically are active at night and hide during the daytime. Thus bed bugs living with humans typically feed at night while a person sleeps, but they also will feed during the day in dark structures such as infested theaters with upholstered seats. Male and female adults usually feed every 3-4 days and become engorged with blood in about 10-15 minutes. Early detection is key to preventing an infestation. In March, 2008, Jacqué Garnier of Le Condé Inn hired DDT Pest Control to perform regular inspections at the hotel for bed bugs the first of each month, and to train its employees in the detection of bed bug infestations. I conducted three two-hour training sessions for the Le Condé employees an initial training in March, a refresher training with Q & A in April, and then a make-up session in May for any person who did not make the other two sessions. My training of the hotel staff emphasized the importance of taking time to look around. Bed bugs are large enough to see. Iinstruct the staff to look particularly under the mattress and in the seams, in and around the bed frame, and along any cracks or peeling paint in the wall or picture frames. T also emphasize it is important to check for bed bugs in the cracks of any wooden furniture, particularly antiques. You can also spot droppings from bed bugs, which may be tinged with blood. While fecal stains and skin casts suggest that bed bugs have been present, these do not confirm that the infestation is still active. Observing the bed bugs themselves is definitive confirmation that an area is infested. To aid in the hotel staff’s identification of evidence of bed bug infestation, [ used a PowerPoint presentation with various pictures showing evidence of bed bug infestations, including the presence of actual bugs, their light-brown skins (shed during metamorphosis into adulthood), egg cases, dark spots of excrement and blood spots or stains. The employees are instructed that when looking for an infestation, they should use a flashlight and be sure to carefully and systematically check the following areas: bedding (sheets, blankets, duvets, pillowcases), along mattress seams, under the gauze covering of box springs (where fabric is stapled to the wooden frame), upholstered furniture, behind wall mounted objects and bed headboards, inside cracks and crevices of furniture (and undemeath furniture), cracks in wood molding, and under the edge of wall to wall carpeting. When I returned for the refresher course training in April, 2008, I observed the staff performing the inspections as I had instructed them in the previous training session. I conducted the training again in May, 2008 for a handful of hote! staff members who had not received the prior training, Based upon my observations, [ was of the opinion that though my training, the housekeeping staff was sufficiently knowledgeable in identification of bed bug infestations. I observed the housekeeping staff systematically and thoroughly checking the rooms for bed bugs as they had been trained. Iwas impressed with the level of dedication of the employees. They took pride in their jobs and the hotel. They appeared to want to keep the hotel’s reputation at the highest level and were willing to take on these extra tasks to that end. Ialso reviewed the protocol that Le Condé had provided to its employees. Exhibit 9 is a true and accurate copy of Le Condé’s Protocol of Bed Bug Prevention. In my opinion, the protocol establishes a reasonable bed bug infestation detection control, provided the employees routinely follow the A46-
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DO F= o b s e e e e SOV -T1TAUNAWLN=EOWVW IR UL A WM NN LN NN DN \O 00 ~1 O\ W w W —O W L2 W2 W L W ~I N R N W W SEE88 IR protocol. During the training exercise, the bed bug infestation inspection took approximately 4 to 5 minutes per room. During the Q & A session in the staff training, a few of the employees asked if I would speak to the hotel manager to hire more staff and reduce the room quota so that they would have sufficient time to perform the bed bug inspections. 1was surprised to learn they had a 20-room quota and only had 20 minutes per room for performing the traditional housekeeping tasks in addition to the bed bug inspections. Most hotels that I provide similar training have 12- 14 room quotas and at least 30 minutes per room for cleaning and inspections. It isn’t my job, of course, to manage the hotel, and I thought it was inappropriate for me to go to the manager to ask him/het, on behalf of the staff, to hire more staff and reduce the room quota. So, I didn’t mention the staff’s concerns to the manager. However, I did express some concern to the Manager of Le Condé that the inspections would take 4-5 minutes and a 20-minute timeframe to clean and inspect the room was not ideal. Of course, I realize that some of that time can be ovetlapped with other housekeeping duties, such as pulling the dirty linens from the mattresses. Still, I thought it was a tight schedule. I was satisfied, however, with Mr./Ms. Garniet’s explanation that the recent hotel renovation had eliminated or reduced time for dusting and cleaning the bathroom floors and surfaces. Mr./Ms. Garnier called me on the morning of July 13, 2008, and reported that Le Condé had a bed bug infestation. Iarrived at the hotel around 10:00 am. I first inspected the hotel room where the infestation had been reported. I confirmed evidence of the presence of bed bugs by examining the mattress and observing the fecal stains. Exhibit 5 is a true and accurate photograph of the mattress in the Le Condé hotel room containing bed bug fecal stains. I then observed the actual presence of live bed bugs. Exhibits 3 and 4 are true and accurate photographs of bed bugs located in the Le Condé hotel room. In continuing my examination, I noted that the mattress showed a significant number of bed bugs. However, oddly enough, the bed bugs present were all adults, There were no nymphs or eggs. I wasn’t sure what to make of that finding. Without the presence of nymphs or eggs, that told me that the adult bed bugs had not been residing in the room or mattress for any significant period of time. I could understand the lack of finding of no nymphs or eggs if there were only a few adults present. If only a few were present, the logical coriclusion would be that some guest had recently transported the bugs to the room on their clothing or luggage. However, the mattress had numerous bed bugs, The other odd finding is that with so many bed bugs present in the room, I can’t imagine any housekeeper performing even a cursory inspection missing the signs, unless they completely neglected their duties. Furthermore, again with so many bed bugs present, I would have expected other guests occupying that room to complain of bites. Finally, after 1 inspected all other guests’ rooms in the entire hotel, I found no other rooms with any evidence of bed bug infestation. With the amount of infestation that was present, I would have expected to find at least rooms on the same floor with bed bugs as they can attach to clothing and luggage and easily travel to otber areas in the hotel. Nothing about this infestation was typical, In my opinion, I believe that a significant number of adult bed bugs were intentionally placed in that hotel room during the weekend of July 11-13", I didn’t raise these suspicions at the time of my inspection, or even for several days, until I saw the newspaper article when 47-
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O 00 ~I QNP WD Mr./Ms. Garnier accused Quinn Tessence of planting the bugs. Ihad been racking my brain trying to figure out why there was an unusually high number of adults, no nymphs, no eggs, and no other bites or infestations in the hotel. I was beginning to think these were mutant bed bugs that reproduced without going through normal larvae stages. Intentionally planting the bugs was the only logical explanation under the circumstances. I'm not saying Quinn Tessence planted them there, but I believe someone did. I'll admit that my reputation and business is on the line if I missed a significant infestation like this when I performed my monthly inspection the first week of July, but that still doesn’t change the fact that the infestation in that hotel room was not typical in any way. So, after completing my inspection of all hotel rooms and common areas, and being satisfied that there were no other infestations, I proceeded to have all furnishings, linens, mattresses, and wall hangings bagged to prevent any further spread of the bugs. Then, I proceeded to eradicate the little beasts. Insect repellents are not effective against bed bugs. Iuse a combination approach of heat and pesticides. Some pest control companies only use chemicals because it costs less. Others just use heat because there are not harmful chemicals present in the air and chemical treatments usually have to be repeated two to three times within 30 days. The National Pest Control Association, however, recommends using a combination of heat and chemicals. So, first I'used a deep cleaning pesticide and scrubbed infested surfaces with a stiff brush to remove eggs, then dismantled bed frames and furniture, filled cracks in floors, walls, and moldings, and used a powerful vacuum on cracks and crevices. Then I used blasts of heat, hot enough to warm an Easter ham. Bedbugs can't survive above 113 degrees. I poked flexible black tubing, 18 inches in diameter, through the windows of the room, blowing hot air from my trailer below, where 1 have an industrial-size furnace. I also used a half dozen industrial-size fans scattered on the floor circulating the heat like a convection oven. I kept the temperature toasty for several hours inside the hotel room. 1 billed Le Condé $50,000.00 for the inspection and extermination. Previously, I had billed Le Condé $5,000.00 for each training session, and my monthly inspections are typically $1,000.00 per month unless the hotel enters into a one-year contract, then the cost reduces to $850.00 per month. Le Condé executed the one-year contract for my services. Although the cost of bed bug prevention and extermination is expensive, the overall financial loss caused by these pests can be an immeasurable amount. I believe Le Condé values my services as Mr./Ms. Garnier has referred me to other hotels locally and throughout the state through his/her associations in IHLA. Referrals are the key to any successful service business. I affirm under penalty of petjury that the foregoing is true and correct to the best of my belief and knowledge. /s/ Dee D, Tee DEE D. TEE 48~
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- DO YOU HAVE BED BUG BITER? DID YOU STAY AT A HOTEL OR MOTEL RECENTLY? If you answered yes to both questions, I would like to interview YOU! Unclean and unsafe practices in the hotel industry are widespread. Hotels have cut housekeeping staff allowing infestation bed bugs. Don't let hotels allow you to be a meal ticket (literally) to their bigger profits. Make the hotels clean up their act! I can help by exposing these practices, but I need YOU! Call me, day or night: Quinn Tessence, WYBU (Channel 17) News Anchor and Investigative Reporter 317-232-4611 EXHIBIT 1
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EXHIBIT 2 EXHIBIT 2
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EXHIBIT 3
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EXHIBIT 4
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EXHIBIT 5
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Partial Transcript of Bed Bugs Live! In most hotels, housekeepers must clean 15 or more rooms per day. Hotel housekeepers must rush to meet their daily quota. In recent years, hotels have increased both the pace and the amount of work performed by housekeepers. Most hotels have recently introduced new room amenities without reducing the number of rooms assigned to housekeepers each day. Luxury beds with heavier mattresses and linens, triple-sheeting, duvets and extra pillows are increasingly common. Other add-ons like coffee pots and large hard-to-clean mitrors make room cleaning more difficult and time-consuming. Many hotel housekeepers report that the hotels are understaffed and they face time pressure to maintain a quality guest experience. Martha White, a housekeeper at Infinity Hotel says, “There is so much to do on the new bed that we have to rush constantly. “Yeats ago we usually did 12 and 14 rooms, Now the company has added more rooms, 15 and 16. They brought on heavy duvets, more amenities in the room, more towels. Our workload is more time-consuming.” In recent years, the workload that hotel companies demand housekeepers perform has increased significantly. Chronic understaffing, coupled with the addition of time-consuming amenities have placed guests at risk of bed bug bites. That’s right . . . bed bugs are prevalent in the United States once again due to the elimination of DDT and the increase in travel from other countries. The nasty bugs hide in the mattress in your hotel room, and while you're sleeping with visions of sugar plums dancing in your head, they’re attacking you. Twenty-four hours later, sometimes after you’ve checked out of the hotel unless you’'ve stayed two nights, you find yourself in excruciating pain from where the bed bug slurped some bloed out of you. I can relate this story firsthand to you, folks, because I am a victim of inadequate inspection of a hotel room where the bed bugs were overlooked and allowed to dine on me through the night. Look at my bites. Imagine my pain. Iam on 4 different presctiption medications to alleviate the pain and infection. Iwant to protect you from suffering the way I'm suffering with these bites. In this day and age, no one should have to suffer bed bug bites. If a hotel simply implements reasonable steps for the prevention of bed bug infestation, they can detect the bed bugs before they take a bite out of you. But with hotels decreasing staff and adding more work to housekeeping staff, the staff just doesn’t have time to look for the bed bugs. It’s more about the hotel keeping their room quotas than it is about your safety and health. Even in a prestigious, luxury hotel, like Le Condé Inn, housekeeping staff are overworked and ushed, and bed bugs infestations occur. That’s where I was attacked by bed bugs in the night. Watch this clip of the mattress infested with bed bugs and their excrement in my hotel room at Le Condé Inn. I was a guest at the hotel the weekend of July 11%. T woke up Sunday morning in horrible pain and bites all over me. Hotels, like Le Condé Inn, are putting their profits above your health and safety. It’s simply a matter of poor quality assurance and negligence for failing to have adequate safeguards, which are impossible to maintain if your staff is understaffed so that they cannot check for bed bugs adequately. We gave Le Condé’s hotel manager a chance to defend the hotel’s inability to detect the bed bugs that attacked me in swarms. All Jacqué Garnier had to say was “I’m sorry for exposing you to bed bugs and causing any suffering.” Hey, but Garnier offered me a week’s stay at the hotel “for my trouble!” No thanks . . . your bed bugs are your suckers, not me! EXHIBIT 6
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WYBU ANCHOR TESSENCE ACCUSED OF FABRICATING HOTEL BED BUGS STORY Le Condé Inn Hotel Manager Jacque Garnier on Friday accused WYBU Anchor Quinn Tessence of planting bed bugs at the Le Condé Inn to fabricate a story for an exposé on hotel bed bugs for the WYBU “Breaking News Investigations” segment that aired on Thursday. Garnier said, “I’'m outraged that Quinn Tessence and WYBU would stoop to such unethical conduct to make up a story and damage the fine, long-standing reputation of Le Condé Inn. There is no basis to WYBU’s story.” According to Garnier, Le Condé Inn follows the hotel industry protocol for ensuring the hotel’s cleanliness and to minimize bed bug infestation, “We’re meticulous. We’ve never had any problems in the past, and we certainly don’t have any problems currently either,” Garnier said. No bed bugs were discovered after a full inspection of Le Condé on Sunday except the one room occupied by Quinn Tessence over the weekend. “Don’t you think that’s odd?” asked Garnier. Bed bugs typically spread rapidly in hotels due to movement of guests within the hotel and the bugs attaching to luggage or clothing. Bed bugs are rarely confined to one room. Garnier claimed, based upon a reliable inside source, Quinn Tessence’s bed bug exposé was going to be canned by the station because no evidence of bed bugs had been uncovered after weeks of investigation. Garnier claims that Tessence resorted to planting the bed bugs out of desperation. Le Condé was a target for the ruse, according to Garnier, because the hotel and Tessence had a recent dispute over a bill from the July 4h weekend, Garnier claims that, according to the inside source, Quinn Tessence frequently crosses the line in ethical news reporting., Garnier said, Quinn Tessence doesn’t care about the facts, it’s all about drama and shock value.” Quinn Tessence was unable to be reached for comment. EXHIBIT 7
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CURRICULUM VITAE REED TAYNE, M.D. Education: Undergraduate: Purdue University, BS in Entomology, 1994 Medical School: Indiana University, MD, 1998 Residency: Dermatology, Indiana University, 2002 Licensure and Certification: Medical License, Indiana Certified, American Board of Dermatology, 2002 Academic Appointments: Clinical Instructor; St. Francis Hospital Center, Department of Family Practice, Beech Grove, IN Clinical Instructor, Indiana University, School of Medicine Department of Dermatology, Indianapolis, IN Hospital Appointments: Wishard Memorial Hospital, Indianapolis, IN Methodist HospitalIndianapolis, IN St. Francis Hospitals, Beech Grove, IN Community Health Network, Indianapolis, IN Hendricks Regional Health, Danville, IN Johnson Memorial Hospital, Franklin, IN ‘Women'’s Hospital, Indianapolis, IN St. Vincent Hospitals, Indianapolis, IN Employment History: Skin Clinic Institute of Indiana, Indianapolis, IN 2006-present The Dermatology Center of Indiana, PC, Plainfield, Indiana 2002-2006 Professional Affiliations: American Medical Association American Society for Dermatologic Surgery Indiana Dermatological Society Indiana State Medical Association Indianapolis Medical Society International Society of Tropical Dermatology Society of Investigative Dermatology Publications: Insect and arachnid stings, bites, infestations, and repellents. Pediatr. Ann 2006. Insect bites and infestations. Textbook of Dermatology, 21st edition, McGraw-Hill 2009. What’s New in Dermatology Therapy: Tticks of the Trade. Journal of Dermatology. March 23, 2010. Editor, Bed Bug Chapter in The Handbook of Investigative Dermatology 10th Edition (2010). Honors and Recognitions: Featured as an expert on NBC Dateline, CBS’s The Early Show, NBC’s Today Show and a repeat guest on National Public Radio {NPR) Dermatology Foundation Research Award Recipient, 2006 Qutstanding Medical Student by the Dept. of Dermatology, 2002 EXHIBIT 8
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BED BUG INSPECTION PROTOCOL IDENTIFY A BED BUG INFESTATION BEFORE GUESTS DO * Inspect rooms upon vacancy and when a guest complains about bed bugs. ¢ Look for living or dead bed bugs, small bloodstains from crushed insects, or dark spots from droppings on: o linens, mattress and its seams, bed springs, behind the headboard, seams of upholstered furniture, between floor boards. Pay special attention to cracks and spaces. Vacuum thoroughly. Discard the used vacuum bag in a sealed plastic bag before using the vacuum in another room. Repair cracks in plaster and loose wallpaper. Seal cracks around baseboards completely with caulking material. O 0O 0O O 0 WHEN A GUEST COMPLAINS ABOUT BED BUGS OR BITES: Immediately offer a new room to the guest. Reassure the guest that bed bugs are not known to spread disease, Thoroughly inspect the guest’s luggage and clothing, as well as the infested hotel room and the new room to which the guest was moved. If a room is infested, all machine-washable bedding, curtains, rugs, towels, and bathrobes should be cleaned separately in the hottest water and dried on the hottest recommended cycle. Scrub mattress seams with a stiff brush to dislodge bed bugs and their eggs. Offer to launder the guest’s clothes. Bring in a licensed pest control professional for a complete inspection and treatment of the room. Don’t use the infested room until a pest control professional certifies it free of bed bugs. Place infested mattresses or box springs in zippered plastic covers and store them for at least one year before using them again. Securely bag all discarded materials to prevent further infestation. Reinspect the room periodically to ensure that bed bugs are gone. EXHIBIT 9
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HOUSEKEEPER TASK LIST Bedroom Tasks: AN NN N N N N N N T U U N U N NS Remove all room service items from room Strip beds of all sheets, blankets, duvets Place bottom sheet on each bed and tuck 8 times Place top sheets and blanket on each bed and tuck 8 times Spread duvet on bed Remove § pillowcases per bed and stuff pillows into fresh cases Dust all nightstands and desk Restock and arrange pens, papers and room service menus on desk Dust armoire, including behind the TV Clean TV screen Retrieve TV remote and rearrange TV channel guide Pick up trash and empty bedroom’s wastebasket Wash and dry ice bucket and rearrange on counter Collect, wash and dry dirty glasses Dust Vents Put away all ironing boards, luggage racks, and all other equipment Vacuum all floors Bathroom Tasks: AN N N N N N N N N N N NN T SR Pick up soiled towels and place on cart Replace soiled towels Clean and disinfect toilet bowl Wipe down top and side of toilet Restock Toilet paper Wipe down counter tops Clean sinks and polis faucets Replace and arrange toiletries Clean bathroom mirror Wash and dry coffeepot and cups and rearrange on counter Scrub inside of bathtub Replace shower curtain Clean bath and shower walls Pick up trash and empty bathroom waste basket Mop floor Dust vents EXHIBIT 10
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LE CONDE INN REVENUE COMPARISON THIRD & FOURTH QUARTERS 2006 - 2008 Quarter 2006 2007 2008 Third $3,223,338.89 $3,332,541.77 $2,105,112.42 Fourth $3,561,442.60 $3,454,246.21 $2,338,337.68 EXHIBIT 11
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LE CONDE INN 30 Executive Drive Indianapolis, Indiana 24 howrs - bites seratching worsens problems use antihistamines and stervolds Later COMmEra crew a.m. www.lecondeinn.com EXHIBIT 12
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