-Caveat Lector- I think he will really win this one (he set it up WELL), and it will be a precedent setting case regarding internet, freedom of speech, etc. And what's more, if Oates and Stephens DID what Art is claiming, then they deserve to lose BIG TIME (i.e., even if they DON'T lose, I'll bet Stephens won't be doing much more contract work for NASA or anyone else, and Oates won't be doing his radio show and/or associating with Rense much anymore, either:) Also, I wonder why none of us were aware of the claims of child molestation and homosexuality "rituals" that Stephens and Oates are alleged to have made on their web sites and the radio show on May 3,'99? I was at Stephens site a few weeks ago, read it ALL, and there was nothing like this there then? I TRIED to access the May 3 radio show of Oates via Real Audio archives but apparently, it has been taken off Oates site, Jeff Rense's site, and Broadcast.coms search engine. I DID hear Robert Stephens and Joe Firmage on Rense's radio show last night, the two were in FL to watch the shuttle launch and visiting with Stephens' NASA friends. They were both having a great time. THIS, however, was several hours before they would have found out about the law suit. I wonder WHY Joe Firmage is associating with Stephens IF he is aware of the vile/base nature of the dude? Anyway, the following is a copy of the first 40 sections (about half of the entire thing) of the complaint Bell's lawyers filed in Los Angeles yesterday. The entire document with exhibits can be seen at Art Bells web site: http://www.artbell.net/court/complaint.html (be sure to check out the exhibit that is an afidavit from Oates EX-lover, I think it is either Exhibit F or G . . . GOOD STUFF :) --Begin quote/(fwd)-- The Stephens/Oates Complaint Here is the complaint filed with the court on Thursday, May 27, 1999 on behalf of Art Bell. Exhibits attached to the complaint are hyperlinked for you. Original signatures of course, are present on the documents filed at the court. See the Art Bell Web Page for further updates. -------------------------------------------------------------------------------- Gerard P. Fox. (SBN 151649) Davidson M. Pattiz (SBN 189834) FOX, SIEGLER & SPILLANE LLP 1880 Century Park East, Suite 1114 Los Angeles, California 90067 Attorneys for Plaintiff Art Bell SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES ART BELL, an individual, Plaintiff, vs. DAVID JOHN OATES, an individual; ROBERT A.M. STEPHENS, an individual; and DOE 1-10 inclusive, Defendants. CASE NO. ___________________ COMPLAINT FOR : (1) SLANDER AND CONSPIRACY TO COMMIT SLANDER; (2) SLANDER PER SE AND CONSPIRACY TO COMMIT SLANDER PER SE (Cal. Civ. Code 46(1) & (3)); (3) INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND CONSPIRACY TO INFLICT EMOTIONAL DISTRESS; (4) TORTIOUS INTERFERENCE WITH CONTRACT AND CONSPIRACY TO TORTIOUSLY INTERFERE WITH CONTRACT; (5) TORTIOUS INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE AND CONSPIRACY TO TORTIOUSLY INTERFERE WITH PROSPECTIVE ECONOMIC ADVANTAGE; and (6) NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE. -------------------------------------------------------------------------------- INTRODUCTION This lawsuit seeks redress for a course of conduct being carried out over the Internet by two individuals seeking to malign, harass, cyberstalk, defame, injure and annoy Plaintiff, Art Bell. Although the Internet was designed to provide our society with quick access to information and to each other, the Defendants in this action are using this Information Highway to attempt to destroy another person's good name, reputation and peace of mind. The conduct described herein is symptomatic of the need for increased regulation of the Internet so as to assure some form of accountability. The Defendants' behavior is immoral, unjust and entirely deserving of rebuke by not only this Court, but also by those who constitute the target audience of this vile, cowardly, and wrongful course of conduct. Freedom of speech should never be confused with a license to defame and impugn others. In fact, those who purposefully use "speech" to attempt to destroy another human being's name and reputation through the dissemination of false and defamatory statements make a mockery of the principles underlying Freedom of Speech, and in truth pose the greatest threat to the borders of this important Constitutional right. Defendants, who have failed utterly at competing fairly and lawfully with Plaintiff to express their points of view and concepts, have resorted to subversive, improper, grotesque and unlawful behavior in their misguided attempt to destroy Plaintiff. Defendants' campaign include threats, stalking-like behavior, and an air of gross irresponsibility suggesting that these two persons believe themselves to be above the law. Plaintiff has filed this suit not only to clear his good name, but to take a public stance against the irresponsible and unlawful use of the Internet for illegal or improper purposes. The Defendants' acts are childlike and suggestive of irrational thought. The Plaintiff looks to this Court to assist Plaintiff in protecting himself and defending his good name. PARTIES Plaintiff Art Bell ("Bell") is a citizen and resident of Nevada. Defendant David John Oates ("Oates") is, upon information and belief, a resident of the State of Colorado. Also upon information and belief, Oates is the sole shareholder and chief officer of an active California Corporation, maintains a California drivers' license, carries out substantial business activities in the State of California, and purposely directs his radio program to California via both the Internet and the airwaves. Defendant Robert A.M. Stephens ("Stephens") is, upon information and belief, a resident of the State of Montana. Also upon information and belief, and as further described below, Stephens participated with Oates in a national and international conspiracy designed to impugn Bell and sully his reputation in, among other places, the State of California. Stephens has purposefully directed his tortious conduct towards the citizens of the State of California, with the hope of injuring Bell's reputation in this State, among others. Upon information and belief, and at all times relevant to this lawsuit, Oates and Stephens acted as the authorized agent for the other, with full authority to act on the other's behalf. Bell is unaware of the true names or capacities of the defendants sued herein under the fictitious names DOE 1-10. See C.C.P. 474. JURISDICTION AND VENUE Jurisdiction is proper in this Court as the amount in controversy far exceeds $25,000. Venue is proper in this Court as neither of the Defendants currently resides in the State. Additionally, substantial portions of the harm suffered by Bell and described below took place in the County of Los Angeles, where Bell has many listeners, and where Bell has a business relationship with Premiere Radio Networks, Inc. ("Premiere"). C.C.P. 395(a)(1). GENERAL ALLEGATIONS Plaintiff Bell is a nationally and internationally known radio personality who hosts a syndicated radio program entitled "Coast to Coast AM with Art Bell." Bell's show is currently syndicated by 462 radio stations nationwide, including at least 44 stations in the State of California. Bell's radio program is also available over the Internet. Bell's national listenership is in the millions. Bell's following in California is particularly significant, with almost 18% of his total audience in the State. Bell may be heard locally on KABC 790. Bell's radio program is syndicated by Premiere, which has offices in Los Angeles. Bell's broadcast contract - i.e., the source of his livelihood - was negotiated with Premiere in Los Angeles. Oates and Stephens were both guests on Bell's radio program during the past year. Both Oates and Stephens admit to harboring ill will toward Bell for failing to accord them what they believe was the respect they were due on his radio program. In a blatant attempt to unlawfully attack and injure Bell, Oates and Stephens agreed to join together in an effort to harm Bell's public reputation and injure him personally. To that end, Oates invited Stephens to appear on Oates' April 3, 1999 radio program. During that program, Stephens made numerous defamatory statements regarding Bell. Among other things, Stephens stated that: Approximately twenty years ago, Bell had been "arrested" and "served time" for "trafficking" in "various aspects of pornography;" Bell made pornographic "videotapes;" and The entire story had been confirmed by "a consortium - a syndication of private" investigators, who had located an original article in the Monterey Herald confirming the story. Stephens went on to defame Bell further, claiming that he was involved in various "dark matters" related to "the militia movement." Stephens also claimed that, in general, Bell acts with "dark malice." These statements constituted obvious allusions to additional criminal acts allegedly undertaken by Bell. In addition, Stephens alleged that at the time Bell was arrested for pornography, he was "crazy." Stephens amplified his allegation that Bell is mentally ill, referring to Bell's alleged "pathos." Oates acknowledged his awareness of the false and defamatory content of Stephens' statements by admitting that he was "cringing" as Stephens continued to rattle off these fabrications. At the time the false and defamatory statements were made by Oates and Stephens, they knew the statements were false. In fact, the documents supposedly supplied to Stephens by a "syndicate of private investigators" specifically state that after consulting with a "Confidential Police Source" the investigators were "not able to identify ANY arrests made of Mr. Bell, ANYWHERE in the United States" and "No records of any arrest were found." ( See Exhibit A.) Bell subsequently obtained paperwork from the custodian of records of Monterey, California, confirming that, just as Stephens' supposed consortium of investigators found, there was no record that Bell was arrested on any charge. The Custodian of Records for Monterey stated, under penalty of perjury, as follows: "I declare that the Monterey County Sheriff's Department maintains arrest records dating back further than 1970 and that Mr. Art Bell does not appear to have any arrests between 1970 and 1980 on any charge." ( See Exhibit B.) The April 3, 1999 defamatory radio program was made available to Bell's significant listenership audience throughout California, including here in Los Angeles. Indeed, the lone phone-in caller during the Stephens' segment of Oates' show identified herself as a listener from Santa Monica, California. (This information may be heard in the second hour, twenty-second minute of the April 3, 1999 Oates program.) Oates' and Stephens' defamatory comments have had an impact on Bell's listener base throughout the United States and the World. Bell has received e-mail messages regarding Oates' and Stephens' allegations from, among other places, California, Alabama, Tennessee, Georgia, Pennsylvania, Massachusetts, New York, Hawaii, Washington, Delaware, Oregon, North Carolina, Wisconsin, Alaska, West Virginia, Michigan, Canada, and Taiwan. A substantial percentage of the messages have originated from California. Oates and Stephens facilitated the continued dissemination of the April 3 statements by placing their supposed "evidence" of Bell's activities on an Internet website created by Stephens. (See www.stephens-behold.com.) At the conclusion of his April 3 radio program, David Oates exponentially increased access to the defamatory content by promising to provide a link to Stephens' website on his web site, which can be found at www.davidoates.com. The republication and rebroadcast of the April 3 defamation has not ceased. Indeed, David Oates has apparently contracted with an organization named "Broadcast.com" to provide archive facilities for his past radio programs, including the April 3 broadcast. In other words, users of the Internet in California, the other United States, and all over the world, can still access the defamatory April 3 comments of Oates and Stephens. The davidoates.com website has a "hit counter" that claims to track the number of "hits" on his website. The number on the counter is currently in excess of 85,000, meaning that tens of thousands of people may have accessed the defamatory April 3, 1999 broadcast. Both Oates and Stephens were aware that Bell has a contract with Premiere/Jacor, a company with offices in California. (See Exhibit C.) In fact, Stephens just recently confirmed on his own website that he has been focused on destroying Bell's business, alleging that since the Stephens/Oates attacks on Bell began "Art Bell's Coast to Coast is off by 60% for listeners in the last 90 days." (See Exhibit D.) Both Oates and Stephens intended to direct their tortious conduct against Bell in the State of California (and elsewhere) by means of broadcasts over the Internet and airwaves. The April 3 broadcast (and rebroadcast) are not the only times Stephens and Oates have defamed Bell. Witnesses have come forward describing several other incidents where both Oates and Stephens sought to harm Bell by making false and defamatory statements. In particular, witnesses have described an incident during which Oates made the following false and defamatory statements: That "Mr. Bell is a pedophile;" That Oates "had proof that Mr. Bell was arrested for molesting boys;" That "it is a 'running joke' among people Mr. Oates knows in the radio industry that Mr. Bell molests boys;" and That Mr. Bell likes to travel to Thailand to have sex with little boys and has actually served time in jail for these crimes. (See Exhibit E.) These statements were made in person, in a public location, where numerous other people may have heard Oates defamatory comments. (Id. at 3.) In connection with the above-referenced defamatory statements, Oates also confirmed that he was plotting his revenge on Bell, stating repeatedly that he planned to "make Art pay for embarrassing me on his radio show." The defamatory comments described above were made with the utmost seriousness, and without any hint that Oates was making a joke. (Exhibit E at 4.) These statements were made in Vancouver, Canada. One of the witnesses has also testified that she is "afraid of Mr. Oates and believe[s] Mr. Bell has reason to be afraid of him as well." (Exhibit E at 7.) The same witness went on to state that she considers Oates to be "a scary and unpredictable individual." (Id. at 5.) In another incident, a third witness has described separate acts of defamation by Stephens. In particular, Stephens told this other witness that: Art Bell was convicted in Nye County Nevada on a child pornography charge; Bell was part of a ring of five people who were arrested and convicted for child pornography; and Bell had also been found guilty on pornography charges in San Diego. As with the separate defamatory statements made by Oates, Stephens' defamatory statements were made in all seriousness, without any suggestion that the comments were a mere joke. Each of these statements is false. The defamatory allegations from Oates and Stephens have not ceased - far from it. Among other things, Stephens has constructed a new Internet website entitled "Shady Pines" to serve as a vehicle for the continued dissemination of false and defamatory statements regarding Art Bell. (See Exhibit F (a print out of some of the content on Shady Pines).) Among other things, Stephens' Shady Pines website contains explicit allegations that Bell engages in sadomasochistic, homosexual activities, is a rapist, and a pornographer. (Id.) Stephens website states on the very first page that "Shady Pines is NOT humor." (Id.) Stephens' and Oates' attacks have not stopped with Bell, but have expanded to include Bell's associates and employers. (Id.) Stephens recently posted a false allegation that Bell's webmaster, Keith Rowland, was arrested for child molestation in Arizona in 1989. (Exhibit G.) As with all of Stephens' and Oates fantastic rantings, this too is apparantly false and defamatory. (Id.) Defendants each conspired with the other to cause the harms suffered by Bell and alleged herein. Defendants each had knowledge of and agreed to both the objective and course of conduct engaged in to cause harm to Bell. Defendants' wrongful acts directed towards Bell were carried out pursuant to their conspiratorial agreement. Defendants' conspiracy has resulted in significant harm to Bell. Oates admitted to third-party witnesses that he was planning to get Bell and that Stephens was acting in concert with him. The overt acts directed against Bell by Oates and Stephens commenced with the April 3 broadcast during which Oates admitted he knew the content of the material Stephens was planning to disseminate, and Stephens knew his allegations were without any support. Moreover, Stephens' recent postings on his Internet site confirm that he is acting in concert with Oates. (See Exhibit F.) As a result of Defendants' slanderous statements, Bell has suffered mental anguish, severe damage to his reputation, shame, disgrace, mortification, hurt feelings, and other damages to be proved at trial. As a result of Defendants' slanderous statements, Bell has also suffered damage to his business, trade, profession, and occupation, including a loss of revenue and the requirement that he expend significant time and personal effort (to the detriment of his professional life) defending himself against Defendants' past and ongoing acts of defamation. Bell is now not able to participate in the full number of broadcasts he did last year. That change has been necessary in order for Bell to have sufficient time to respond to false and defamatory statements and deal with the emotional distress those statements have caused him. On April 8, 1999 Bell requested that Oates and Stephens retract their defamatory statements made on Oates' show in substantially as conspicuous a manner as the original statements were made. (See Exhibit H.) The retractions were not made as requested. ================================================================= Kaddish, Kaddish, Kaddish, YHVH, TZEVAOT FROM THE DESK OF: <[EMAIL PROTECTED]> *Mike Spitzer* <[EMAIL PROTECTED]> ~~~~~~~~ <[EMAIL PROTECTED]> The Best Way To Destroy Enemies Is To Change Them To Friends Shalom, A Salaam Aleikum, and to all, A Good Day. ================================================================= DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance�not soapboxing! 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