IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

JAY CAMPBELL and KIRK LANE
Plaintiffs

No. LR-C-97-328

v.

CITIZENS FOR AN HONEST GOVERNMENT, INC.
d/b/a INTEGRITY FILMS; JEREMIAH FILMS, INC.;
and PAT MATRISCIANA
Defendants

PLAINTIFFS' AMENDED STATEMENT OF MATERIAL FACTS PURSUANT TO LOCAL RULE 56.1 AS TO WHICH PLAINTIFFS CONTEND THERE IS NO GENUINE ISSUE TO BE TRIED

Plaintiffs, Jay Campbell and Kirk Lane, by their attorneys, Dover & Dixon, P.A., for their Statement of Material Facts Pursuant to Local Rule 56. 1, state:

1. Jay Campbell and Kirk Lane are Lieutenants for the Pulaski County Sheriff's Department.

2. Defendants are engaged in producing, advertising, distributing, and publishing a videotape entitled Obstruction of Justice: The Mena Connection. The video was released in April of 1996.

3. The video is a purported documentary that discusses the widely reported deaths of Don Henry and Kevin Ives on August 23, 1987, on a railroad track in Saline County, Arkansas.

4. Obstruction of Justice states that eyewitnesses have implicated several people in the murders and subsequent cover-up of the murders of Don Henry and Kevin Ives, including Lieutenants Campbell and Lane.

5. The statement made about Lieutenants Campbell and Lane is false.

6. Lieutenants and Lane requested, prior to initiating this lawsuit, that the Defendants provide them with the basis and verification process for the statement, but the Defendants refused.

7. As a consequence, Lieutenants Campbell and Lane filed this lawsuit seeking damages for defamation.

8. During the discovery process, Lieutenants Campbell and Lane have attempted to determine from Defendants the basis for the statement about them in the video. To that end, written discovery requests and oral depositions have been taken of the Defendants and persons that the Defendants indicated were sources for the video.

9. In response to the written discovery requests and oral depositions, the following information has been obtained from Defendant Matrisciana:

(a) Defendant Matrisciana is the founder and chairman of Citizens for an Honest Government; is an officer, director, and shareholder of Jeremiah Films, Inc.; and is responsible for producing the video;

(b) The video was produced to allow Linda Ives, mother of Kevin Ives, to present her story with the assistance of Jean Duffey;

(c) Jean Duffey and Linda Ives were given total control over all of the facts in the video;

(d) The statement in the video about Lieutenants Campbell and Lane is based upon information from former Chief John Brown of the Alexander Police Department; Special Agent Phyllis Cournan of the Federal Bureau of Investigation; and the investigative files of the Arkansas State Police and Federal Bureau of Investigation;

(e) All written documents of the Arkansas State Police and Federal Bureau of Investigation in the possession or control of Defendants pertaining to Lieutenants Campbell and Lane have been produced;

(f) Defendant Matrisciana never personally spoke with Special Agent Phyllis Cournan of the FBI about the statement in the video pertaining to Lieutenants Campbell and Lane;

(g) Defendant Matrisciana personally spoke with former Chief John Brown and testified in his deposition that the following information was received:

      Q: John Brown described this instance where the two boys were at a phone booth, and two police officers came up and put them in the back of the car and whisked them away on the night of their deaths?
        A: Yes.
          Q: And he said it was Jay Campbell and Kirk Lane, or two people meeting their description?
            A: Two people meeting their description.
              Q: And he based that upon the State Police files and a conversation with Phyllis Cournan?
                A: That is correct.

            (Matrisciana Deposition pp. 35-36).

            (h) Prior to producing the video, Defendant Matrisciana never attempted to contact Lieutenants Campbell or Lane to request their comments on the statement in the video pertaining to them;

            (i) Defendant Matrisciana admits that he is not in the "mainstream" media and that the story in the video would not have been published by the mainstream media.

            10. In response to discovery requests and oral depositions, the following information has been obtained from Linda Ives:

            (a) Linda Ives, mother of Kevin Ives, helped produce the video and receives royalties for promoting it;

            (b) Ms. Ives had the final editorial control on the parts of the video pertaining to her and Kevin Ives;

            (c) Ms. Ives was responsible for the statement in the video that "Eyewitnesses have implicated several people in the murders and subsequent coverup of the murders of Don Henry and Kevin Ives, including Lieutenants Campbell and Lane";

            (d) Ms. Ives alleges that a number of people named or interviewed in the Arkansas State Police investigative file have implicated Lieutenants Campbell and Lane in the murders of Don Henry and Kevin Ives and that the file contains all of the written documents that are the basis for the statement in the video;

            (e) Ms. Ives produced all written documents of the Arkansas State Police and Federal Bureau of Investigation in her possession or control pertaining to Lieutenants Campbell and Lane;

            (f) Ms. Ives never personally spoke with former Chief John Brown about the statements in the video pertaining to Lieutenants Campbell and Lane,

            (g) Ms. Ives was never told by Special Agent Phyllis Cournan that Lieutenants Campbell or Lane were implicated in the deaths of Don Henry or Kevin Ives;

            (h) Ms. Ives alleges that she was told by former Saline County Special Prosecutor Dan Harmon and his assistant, Richard Garrett, that the people described in an interview given by Ronnie Godwin resembled Lieutenants Campbell and Lane;

            (i) Prior to producing the video, Ms. Ives believed that former Special Prosecutor Dan Harmon was involved in the murders of Don Henry and Kevin Ives and named him as a suspect in the video. Ms. Ives also believed, prior to producing the video, that Richard Garrett was loyal to Dan Harmon and helped him to coverup the murders;

            (j) Prior to producing the video, Ms. Ives was in possession of a confession of Sharline Wilson who is also used as a source and featured in the video, wherein Mrs. Wilson confesses to the murders of Don Henry and Kevin Ives and implicates other people, not including Lieutenants Campbell or Lane, yet Ms. Wilson was not named as a suspect in the video.;

            (k) Prior to producing the video, Ms. Ives never attempted to contact Lieutenants Campbell or Lane to request their comments on the statement in the video pertaining to them;

            (1) Prior to producing the video, Ms. Ives was aware of at least seven local, state, and federal investigations into the deaths of Don Henry and Kevin Ives and that none of those investigations had reached the conclusion that there was any criminal conduct in the deaths;

            (m) Prior to producing the video, Ms. Ives was told by Special Agent Phyllis Cournan and Special Agent Bill Temple of the FBI that there was no evidence to support the conclusion that a crime had occurred;

            (n) Ms. Ives decided to "go public with her story" after becoming convinced that a massive conspiracy to cover-up the murders of Don Henry and Kevin Ives existed between the local, state, and federal officials who investigated the deaths of Don Henry and Kevin Ives;

            11. In response to discovery requests and oral depositions, the following information has been obtained from Jean Duffey:

            (a) Jean Duffey, who was fired as the administrator of a Drug Task Force in Saline County, agreed to help produce the video after being promised final editorial control on the parts of the video that pertained to her story;

            (b) Ms. Duffey receives royalties for promoting the video;

            (c) Ms. Duffey decided to become involved in the video after Mrs. Ives met with the FBI and was told that no crime had been committed;

            (d) Ms. Duffey was involved in the decision with Ms. Ives to make the statement in the video pertaining to Lieutenants Campbell and Lane;

            (e) Ms. Duffey was never personally told by former Chief John Brown that Lieutenants Campbell or Lane were implicated in the murders of Don Henry or Kevin Ives;

            (f) Ms. Duffey alleges that a number of people named or interviewed in the Arkansas State Police investigative file have implicated Lieutenants Campbell and Lane in the murders of Don Henry and Kevin Ives and that the file contains all of the written documents that are the basis for the statement in the video;

            (g) Ms. Duffey produced all written documents of the Arkansas State Police and Federal Bureau of Investigation in her possession or control pertaining to Lieutenants Campbell and Lane;

            (h) Prior to producing the video, Ms. Duffey was in possession of a confession of Sharline Wilson, who is used as a source and featured in the video, wherein Mrs. Wilson confesses to the murders of Don Henry and Kevin Ives and implicates other people, not including Lieutenants Campbell or Lane, yet Ms. Wilson was not named as a suspect in the video.;

            (i) Although Ms. Duffey alleges that Special Agent Phyllis Cournan was a source for the statements on the video, she admits that she first brought up the names of Lieutenants Campbell and Lane to Special Agent Cournan;

            (j) Ms. Duffey was never personally told by former Saline County Special Prosecutor Dan Harmon or his assistant, Richard Garrett, that the people described in an interview given by Ronnie Godwin resembled Lieutenants Campbell and Lane;

            (k) Prior to producing the video, Ms. Duffey had no doubt that Dan Harmon and Richard Garrett were involved in a massive cover-up, that Dan Harmon would lie if it benefitted him, and that Richard Garrett was Dan Harmon's "puppydog"; and

            (i) Prior to producing the video, Ms. Duffey never attempted to contact Lieutenants Campbell or Lane to request their comments on the statement in the video.

            12. The documents produced by the Defendants, Linda Ives, and Jean Duffey, that pertain to Lieutenants Jay Campbell or Kirk Lane relative to the statements made in the video can be summarized as follows

            (a) A hearsay statement by convicted felon Mike Crook dated February 27, 1990, stating that a "Mexican-looking guy, who he only knows as Jerry, came by and told [Crook] that late last night he was sitting across from the Ranchette grocery store in Alexander . . . when an unmarked police car pulled up and two men in plain clothes got out." Crook stated that "Jerry,' went on to tell him that one of the men was "Kirk Lane . . . and the other guy he did not know, but he was a large man." Crook concluded his statement by stating that "Jerry" stated that "the boys and these two cops got into an argument and the two cops beat the boys unconscious and threw them into the car and then drove off;"

            (b) A hearsay statement by Cindy Lewis relating hearsay from Donna Morrissey in which Ms. Lewis stated that Ms. Morrissey told her that "Kirk Lane killed the Bryant children . . . ." and that Jay Campbell told [Morrissey] he would rape her and her mother and beat her dog (note: Mrs. Ives never followed up with an interview of Donna Morrissey)

            (c) A statement on August 19, 1988, by Barbara "Puggy" Wilson relating a "rumor that she had heard that the boys had gotten beat up at the Ranchette store before being put on the train tracks." In the statement, Mrs. Wilson acknowledges that "it was just a rumor and she really couldn't even remember where she heard it." Mrs. Wilson also stated that "there were a lot of rumors going on about the deaths of these two boys;"

            (d) A statement by Joseph Farmer dated December 12, 1988, relating hearsay that a friend of his heard that "cops killed the boys;"

            (e) A statement by admitted alcoholic Ronnie Godwin dated June 20, 1988, stating that, after a night of drinking at Mike Crook's bar (see statement of Mike Crook above), he observed at Miller's grocery store "a police car that was gray in color with three antennas on the trunk and a spotlight by the driver's door sitting in the driveway to the grocery store [where] a couple of officers [were] pushing a subject up against a telephone booth." Mr. Godwin, who is related to Mike Crook, further stated that the boys were being beaten by officers he could not tell much about "except the one pushing the subject against the phone booth and he was about 200 pounds, six foot tall, with sort of long brown hair, wearing a white or a light-color shirt." He could not provide a description of the second man. (Note: At the time of this statement, Mr. Godwin knew who Lieutenant Lane was and what Lieutenant Campbell looked like) and

            (f) A hearsay letter from convicted felon Michael Maholy dated April 18, 1995, written while in Leavenworth Prison, relating hearsay from a co-inmate and convicted felon Todd Cornwell, stating that the boys were killed by several law enforcement officers, including Jay Campbell and Kirk Lane, in a barn after they stumbled upon an illegal drug operation while looking for things to steal and sell for money.

            13. The above statements are all of the information that the Defendants and their representatives have been able to produce as being a basis for the statement in the video pertaining to Lieutenants Campbell and Lane.

            14. Prior to producing the video, the Defendants and their representatives did not talk with or interview any of the above purported sources.

            15. Former Chief John Brown has denied that he ever told Defendants or their representatives that Lieutenants Campbell and Lane were implicated in the deaths of Don Henry or Kevin Ives. In fact, Mr. Brown has stated that he warned the Defendants against making such a statement and said if such a statement were made, that the Defendants would be sued.

            16. Federal Bureau of Investigation Special Agent Phyllis Cournan also contends that the Defendants and their representatives have misrepresented any statements that she has made to them. Specifically, Special Agent Cournan testified under oath in her deposition that she has never told either Jean Duffey or Linda Ives that Jay Campbell or Kirk Lane were implicated in, criminally involved in, participated in, or were suspects in the deaths of Don Henry or Kevin Ives. Special Agent Cournan went on to state that she never brought up the names of Jay Campbell or Kirk Lane as individuals who were implicated in the boys' deaths. Moreover, she stated that there was no evidence to prove or to make that type of statement.

            17. The relevant documents and deposition excerpts referred to above are attached as Exhibit "A" to this pleading.

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