TRACY WINKLER HAMILTON COUNTY CLERK OF COURTS COMMON PLEAS DIVISION ELECTRONICALLY FILED January 9, 2015 10:38 AM TRACY WINKLER Clerk of Courts Hamilton County, Ohio CONFIRMATION 384180 JAMES LYONS JR A 1500151 VS. THE CINCINNATI ENQUIRER FILING TYPE: INITIAL FILING (IN COUNTY) WITH JURY DEMAND PAGES FILED: 20 ELECTRONICALLY FILED 01/09/2015 10:38 / IF / A 1500151 / CONFIRMATION NUMBER 384180COURT OF COMMON PLEAS CIVIL DIVISION HAMILTON COUNTY, OHIO JAMES LYONS, JR. : Case No. 6086 TAHITI DRIVE fl CINCINNATI, OHIO. 45224, Plaintiff, Me = COMPLAINT FOR THE CINCINNATI ENQUIRER : DEFAMATIO! c/o GANNETT SATELLITE : WITH JURY DEMAND INFORMATION NETWORK, INC. : 7950 JONES BRANCH DRIVE ; ENDORSED HEREON McLEAN, VIRGINIA 22107 AND GANNETT SATELLITE INFORMATION NETWORK, INC. 7930 JONES BRANCH DRIVE McLEAN, VIRGINIA 22107 SERVE: GANNETT SATELLITE INFORMATION NETWORK, INC. C/O CT CORPORATION SYSTEMS 1300 EAST NINTH STREET CLEVELAND, OHIO 44114, AND KIMBALL PERRY c/o THE CINCINNATI ENQUIRER 312 ELM STREET CINCINNATI, OHIO 45202, Defendants. Fl Now Comes Plaintiff James Lyons, Jr., by and through counsel, and states his Complaint against the named Defendants as follows: Page [1 ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 3841801. DHE PARTIE! 1. Plaintiff James Lyons, J s an African American male over fifty years of age, who resides at 6086 Tahiti Drive, Cincinnati, Hamilton County, Olio and has so resided at all relevant times herein, Plaintiff James Lyons, Jr. has never abused or injured any child. 2 Defendant The Cincinnati Enquirer (“The Enquirer”) is upon information and belief, an unincorporated association of individuals and/or the trade name for the online and hard copy daily newspaper, owned and operated by Defendant Gannett Satellite Information Network, Inc., which has its principal place of business in Cincinnati, Hamilton County, Ohio and conducts substantial business within Hamilton County, Ohio. 3. Defendant Kimball Perry is an experienced news reporter with knowledge of the methods for obtaining accurate inmate photographs. Defendant Kimball Perry was employed by Defendant The Cincinnati nquirer and/or Defendant Gannett during all pertinent times herein. 4 Defendant Gannett Satellite Information Network, Inc. (“Gannett”) is a Delaware corporation, registered to conduct business within the State of Ohio, among others. Defendant Gannett operates, manages, publishes infer alia. the Cincinnati Enquirer in its online (Cincinnat om) version and in hard copy and is therefore liable for the dissemination and publication of the defamatory material complained of herein. I, JURISDICTION AND VENUE 5 This Court of Common Pleas has jurisdiction over a defamation action, in which the Defendants have their respective principal place of business and/or conduct substantial business within Hamilton County, Ohio and/or a substantial portion of the events which are the subject of the Complaint occurred within Hamilton County, Ohio, Page!2 ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 384180‘Venue is properly invoked in Hamilton County, Ohio, under circumstances in which the Defendants have their respective principal place of business and/or conduet substantial business within Hamilton County, Ohio and/or a substantial portion of the events which are the subject of the Complaint occurred within Hamilton County, Ohio. FACTUAL ALLEGATIONS 1 Plaintiff James Lyons, Jr. restates and incorporates by reference the allegations contained in Paragraphs One through Six (1-6) as if fully rewritten herein. 8. On or about February 11, 2014, Defendant The Enquirer; Defendant Gannett and Defendant Kimball Perry published a heinous and disturbing factual news story, which purported to recount all of the Hamilton County child murderers for the period of 2005 through 2012 captioned “KILLING KIDS.” [A copy of the news story is attached hereto as Exhibit 1}. 9. Defendant The Enquirer; Defendant Gannett and Defendant Kimball Perry recklessly and/ with reckless disregard for the truth, with actual malice, published an item which incorrectly placed Plaintiff James Lyons, Jt. photograph next to a factual news item which read: James Lyons, 31, of North Avondale, Beat or stomped his 19-month-old son, Jaden Jenkins, to death after the child wouldn’t drink his orange juice. Jaden had almost 50 fractures with at least 11 fractured ribs and two skull fractures. Sentence: Life in prison without possibility of parole, Cincinnati Enquirer, February 11,2014, pp. A4-A5. 10, Defendant The Enquirer and Defendant Gannett recklessly disregarded this heinous publishing misconduct for ten days before publishing a one sentence inadequate and vague correction, which merely stated : “An incorrect photograph was included as part of a Feb. 11 story on Page A4. The James Lyons convicted of killing a child in Hamilton County is pictured here.” The alleged retraction does not clear James Lyons, Jr. name and does not indicate that he Page |3 ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 384180was not related to the child killer and does not state that he not guilty of any alleged misconduct. [See “Correction” attached hereto as Exhibit 2]. 11, There were severe personal and community consequences following the heinous publication of the “Killing Kids” article. More specifically, Mr. Lyons had provided services to Christ's Community in Price Hill and received a letter dated February 12th, 2014 from the Director Ralph Williams, who suspended Mr. Lyons from any further work with the program because of the allegations stated in the February 11, 2014 news item. [See Correspondence dated February 12th, 2014 from Ralph Williams, Director of Christ's Community in College Hill attached hereto as Exhibit 3] 12, The allegations that Plaintiff James Lyons, Jr. was a child killer were patently false and Defendant Kimball Perry could easily have verified the photograph of an inmate. The utter distegard for the consequences of the publication of Mr. Lyons’ photograph under such a heinous article warrants the awarding of compensatory damages, special damages and punitive damages in excess of twenty-five thousand dollars to be determined by the trier of fact. 13, The publication of the defamatory material was done with actual malice, as that term is defined under Ohio law governing defamation. FAMATION PER SE 14, Plaintiff James Lyons, Jr. restates and incorporates by reference the allegations contained in Paragraphs One through Thirteen (1-13), as though fully rewritten herein, 15. On or about February 11th, 2014, Defendant The Enquirer; Defendant Gannett and Defendant Kimball Perry published an allegedly factual news story, which purported to recount all of the Hamilton County child murderers for the period of 2005 through 2012 captioned “KILLING KIDS.” [A copy of the news story is attached hereto as Exhibit 1]. Page |4 ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 38418016. Defendant The Enquirer; Defendant Gannett and Defendant Kimball Perry recklessly and/or with reckless disregard for the truth, with actual malice, published an item, which incorrectly placed Plaintiff James Lyons, Jr.’s photograph next to a factual news item which read: James Lyons, 31, of North Avondale, Beat or stomped his 19-month-old son, Jaden Jenkins, to death after the child wouldn’t drink his orange juice. Jaden had almost 50 fractures with at least 11 fractured ribs and two skull fractures. Sentence: Life in prison without possibility of parole, Cincinnati Enquirer, February 11, 2014, pp. A4-A5. 17, The publication described above made by the Defendants The Enquirer; Gannett and Kimball Perry was done recklessly, and/or with reckless disregard for the truth, with actual malice, as that term is defined by Ohio law governing defamation. 18, Plaintiff James Lyons, Jr. was not a public figure and had done nothing to bring himself any form of publicity. The Defendants The Enquirer, Gannett and Kimball Perry recklessly thrust him into the public eye as an alleged child murderer. 19. Asa direct and proximate result of the publication of the disturbing and heinous article, in whi ch Plaintiff’ James Lyons, Jr, has been subjected to, inter alia., personal threats of physical harm, ridicule, harassment and a devastating loss of personal standing and good will in the Christian community. 20, The Defendants The Enquirer, Gannett and Kimball Perry have intentionally and maliciously used a photograph, without verifying the true identity of the child killer, and in so doing caused serious harm to the well-being and reputation of the Plaintiff, specifically, to lower Plaintiff's standing in the estimation of the community and to deter third persons, including, but not limited to, employers and co-workers from associating with the Plaintiff. [See Exhibit 3 attached hereto]. Page| 5 ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 38418021. Defendant The Enquirer and Gannett and Kimball Perry and/or their management, employees and/or agents intentionally and/or recklessly and/or negligently participated in acquiesced in, consented to the heinous misconduct complained of herein, in which Mr, Lyons photograph appeared in a horrific article regarding adult males murdering children by various means. 22. Asa direct and proximate result of the Defendants’ defamation per se of the Plaintiff James Lyons, Jr., Plaintiff’ Lyons has suffered actual damages, special damages and injuries to his reputation, suffered emotional distress, loss of employment opportunities and/or earning capacity, all in excess of Twenty-five thousand ($25, 000.00) dollars according to proof at trial 23. ‘The defamatory publication was done intentionally and/or with malice and/or with reckless disregard as to the truth or falsity of the statements, which entitles Plaintiff to an award of punitive damages to deter such misconduct in the future, with the amount to be determined by the trier of fact. 24. As direct and proximate result of Defendants’ defamation of Plaintiff, Plaintiff James Lyons, Jr, has suffered and continues to suffer severe emotional distress and therefore is entitled to an award of damages for emotional distress, according to proof at trial and has suffered and continues to suffer loss of enjoyment of life and therefore is enti led to an award of damages for loss of enjoyment of life, according to proof at trial COUNT TWO: DEFAMATION 25. Plaintiff Jane Doe restates and incorporates by reference the allegations contained in Paragraphs One through Twenty-four (1-24), as if fully rewritten herein, 26. On or about February 11th, 2014, Defendant The Enquirer; Defendant Gannett and Defendant Kimball Perry published an allegedly factual news story, which purported to recount Page | 6 ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 384180all of the Hamilton County child murderers for the period of 2005 through 2012 captioned “KILLIN KIDS.” [See Exhibit 1] 27. Defendant The Enquirer; Defendant Gannett and Defendant Kimball Peny recklessly and/or with reckless disregard for the truth, with actual malice, published an item, which incorrectly placed Plaintiff James Lyons, Jr.'s photograph next to a factual news item which read: James Lyons, 31, of North Avondale, Beat or stomped his 19-month-old son, Jaden Jenkins, to death afier the child wouldn’t drink his orange juice. Jaden almost 50 fractures with at least 11 fractured ribs and two skull fractures. Sentence: Life in prison without possibility of parole, Cincinnati Enquirer, February 11, 2014, pp. A4-A3. 28. The publication described above made by the Defendants The Enquirer; Gannett and Kimball Perry was done recklessly, and/or with reckless disregard for the truth, with actual malice, as that term is defined by Ohio law governing defamation, 29, Plaintiff James Lyons, Jr. was not a public figure and had done nothing to bring himself any form of publicity. Defendants The Enquirer, Gannett and Kimball Perry recklessly thrust him into the public eye as an alleged child murderer 30. Asa direct and proximate result of the publication of the disturbing and heinous article, in which Plaintiff James Lyons, Jr. has been subjected fo, inter alia., personal threats of physical harm, ridicule, harassment and a devastating loss of personal standing and good will in the community. 31. Defendants The Enquirer, Gannett and Kimball Perry have intentionally and maliciously used a photograph, without verifying the true identity of the child killer, and in so doing caused serious harm to the well-being and reputation of the Plaintiff, specifically, to lower Plaintif's Page |7 ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 384180standing in the estimation of the community and to deter third persons, including, but not limited to, employers and co-workers from associating with the Plaintiff. [See Exhibit 3 attached hereto] 32. Defendant The Enquirer and Gannett and Kimball Perry and/or their management, employees and/or agents intentionally and/or recklessly and/or negligently participated in, acquiesced in, consented to the heinous misconduct complained of herein, in which Mr. Lyons photograph appeared in a horrific article regarding adult males murdering children by various means. 33, Asa direct and proximate result of the Defendants’ defamation of the Plaintiff James Lyons, Jr, Mr. Lyons has suffered actual damages, special damages and injuries to his reputation, suffered emotional distress, loss of employment opportunities and/or earning capacity, all in excess of Twenty-five thousand ($25, 000.00) dollars according to proof at trial. 34. The defamatory publication was done intentionally and/or with malice and/or with reckless disregard as to the truth or falsity of the statements, which entitles Plaintiff to an award of punitive damages to deter such misconduct in the future, with the amount to be determined by the trier of fact. 35. As direct and proximate result of Defendants’ defamation of Plaintiff, Plaintiff James Lyons, Jr, has suffered and continues to suffer severe emotional distress and therefore is entitled to an award of damages for emotional distress, according to proof at trial; has suffered and continues to suffer loss of enjoyment of life and therefore is entitled to an award of damages for Joss of enjoyment of life, according to proof at trial. 36. As direct and proximate result of Defendants’ defamation of Plaintiff James Lyons, Jr.. Plaintiff Lyons has suffered and continues to suffer severe emotional distress and therefore is entitled to an award of damages for emotional distress, according to proof at trial; has suffered Page |8 ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 384180and continues to suffer loss of enjoyment of life and therefore is. entitled to an award of damages for loss of enjoyment of life, according to proof at trial. COUNT THREE: FALSE LIGHT -- INVASION OF PRIVACY 37. Plaintiff James Lyons, Jr. restates and incorporates by reference paragraphs One through Thirty-six (1-36) as if fully rewritten herein. 38. Defendant Kimball Perry’s egregious actions, in conjunction with the assistance of the Defendants The Cincinnati Enquirer and Gannett and/or their management, employees and/or agents constitute the tort of invasion of privacy by: [1] _ publicizing James Lyons, Jx.’s private affairs, for which the public has no legitimate coneem, and/or [2] the wrongful intrusion into Jas private activities in such a manner as to outrage or cause mental suffering, shame or humiliation to a person of ordinary sensibilities as analyzed in Housh v. Peth (1956), 165 Ohio St. 35, 133 N.B.2d 340, paragraph two of the syllabus: 39, Defendant Kimball Perry misconduct was done intentionally and/or recklessly and/or negligently, which satisfy the state of mind requirement for this tort. Malice is not an element of invasion of privacy; therefore absence of malice is no defense. See Ohio Employment Practices Law (2000) 181, Section 5.13 citing Prince v. St. Francis-St. George Hosp., Inc. (1985), 20 Ohio App. 3d 4, 484 N.E.2d 265 and Chambers v. Terex Div. of Gen. Motors Corp., 1983 Ohio App. LEXIS 12818 (Mar. 31, 1983), Cuyahoga App, No. 45377, unreported, 1983 WL 5878 40. The reckless publication of the photograph of Plaintiff James Lyons, Jr. which falsely portrayed him as a child murderer, which directly and proximately caused damages to Mr. Lyons, including, inter alia, actual damages, special damages, compensatory damages and justify an award of punitive damages against the Defendants. Page |9 ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 38418041. The portrayal of Mr. Lyons as a child murdered was done intentionally and/or recklessly and/or negligently and are patently false. Defendants’ actions and misconduct were done in such a manner as to outrage or cause mental suffering, shame or humiliation to a person of ordinary sensibilities, including specifically Plaintiff James Lyons, Jr. 42. Members of the community have taken actions against Mr. Lyons including prohibiting him from working with a Christian organization, because of the defamatory publication [see exhibit 3]; further, Plaintiff Lyons has been subjected to threats of physical harm, ridicule, harassment and embarrassed by the publication of the defamatory article. 43. The Defendants Kimball Perry, The Cincinnati Enquirer and Gannett misconduct presented Mr. Lyons to the public in the false light of being a child murderer, which is highly offensive to any reasonable person and the Defendants acted with knowledge and/or with reckless disregard as to the f ity of the publicized matter and the false light in which Mr. Lyons was placed. 44. As a direct and proximate result of the Defendant of the Plaintiff James Lyons, Jr., Plaintiff Lyons has suffered actual damages, special damages, compensatory damages and injuries to his reputation, suffered emotional distress, loss of employment opportunities and/or caring capacity, all in excess of Twenty-five thousand ($25, 000.00) dollars according to proof at trial, 45. ‘The defamatory publication by the Defendants was done intentionally and/or with malice and/or with reckless disregard as to the truth or falsity of the statements, which entitles Plaintiff James Lyons, Jr. to an award of punitive damages fo deter such misconduct in the future, with the amount to be determined by the trier of fact. Further, Plaintiff is entitled to an award of reasonable attorney's fees against the Defendants. 46. As direct and proximate result of Defendants’ defamation of Plaintiff, Plaintiff Page [10 ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 384180James Lyons, Jr. has suffered and continues to suffer severe emotional distress and therefore is entitled to an award of damages for emotional distress, according to proof at trial; and has suffered and continues to suffer loss of enjoyment of life and therefore is entitled to an award of damages for loss of enjoyment of life, according to proof at trial. COUNT FOUR: TORT OF PUBLICITY, 47. Plaintiff James Lyons, Jr. restates and incorporates by reference paragraphs One through Forty-six (1-46) as if fully rewritten herein. 48. Defendant Kimball Perry's egregious actions, in conjunction with the assistance of the Defendants The Ci nati Enquirer and Gannett and/or their management, employees and/or agents constitute the tort of invasion of privacy by: [1] publicizing James Lyons, Jr.’s private affairs, for which the public has no legitimate concern, and/or [2] the wrongful intrusion into Jas private activities in such a manner as to outrage or cause mental suffering, shame or humil toa person of ordinary sensibilities. 49. Defendant Kimball Perry’s misconduct was done intentionally and/or recklessly and/or negligently, which satisfy the state of mind requirement for this tort. 50. The reckless publication of the photograph of Plaintiff James Lyons, Jr, which falsely portrayed him as a child murderer, which directly and proximately caused damages to Mr. Lyons, including, inter alia., actual damages, special damages, compensatory damages and justify an award of punitive damages against the Defendants. 51. The portrayal of Mr. Lyons as a child murdered was done intentionally and/or recklessly and/or negligently and are patently false. Defendants’ actions and misconduct were done in such a manner as to outrage or cause mental suffering, shame or humiliation to a person of ordinary sensibilities, including specifically Plaintiff James Lyons, Jr. Page | 11 ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 38418052. Members of the community took actions against Mr. Lyons including prohibiting him from working with a Christian organization, because of the defamatory publication {see Exhibit 3]; further, Plaintiff Lyons has been subjected to threats of physical harm, ridicule, harassment and humiliation by virtue of the publication of the defamatory article. 53. The Defendants Kimball Perry, The Cincinnati Enquirer and Gannett misconduct presented Mr. Lyons to the public in the false light of being a child murderer, which is highly offensive 10 any reasonable person and the Defendants acted with knowledge and/or with reckless disregard as to the falsity of the publicized matter and the false light in which Mr. Lyons was placed. 54, As a direct and proximate result of the Defendants’ commission of the tort of publicity against the Plaintiff James Lyons, Jr., Plaintiff Lyons has suffered actual damages, special damages, compensatory damages and injuries to his reputation, suffered emotional loss of employment opportunities and/or eaming capacity, all in excess of Twenty-five thousand ($25, 000.00) dollars according to proof at 55. The defamatory publication by the Defendants was done intentionally and/or _ with malice and/or with reckless disregard as to the truth or falsity of the statements, which entitles Plaintiff James Lyons, Jr. to an award of punitive damages to deter such misconduct in the future, with the amount to be determined by the trier of fact. Further, Plaintiff is entitled to an award of reasonable attorney’s fee against the Defendants. 36. As direct and proximate result of Defendants’ defamation of Plaintiff, Plaintiff James Lyons, Jr. has suffered and continues to suffer severe emotional distress and therefore is entitled and has suffered and to an award of damages for emotional distress, according to proof at tri continues to suffer loss of enjoyment of life and therefore is entitled to an award of dam: for loss of enjoyment of life, according to proof at trial Page | 12 ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 384180COUNT FIVE: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. 57. Plaintiff James Lyons, Jr. restates and incorporates by reference paragraphs One through Fifty-six (1-56) as if fully rewritten herein. 58. Defendants’ actions in publishing the defamatory material was done to (1) intentionally cause Plaintiff severe emotional distress and/or (2) was such that Defendants should have known would cause severe emotional distress and which clearly exceeded the bounds of common decency observed in a civilized community, The false accusation that Mr. Lyons was guilty of murdering a child clearly satisfies this requirement. 59, Asa direct and proximate result of the Defendants’ intentional infliction of emotional distress of the Plaintiff James Lyons, Jr., Mr. Lyons has suffered and continues to suffer, injuries to his reputation, loss of employment opportunities, and other actual damages and special damages in excess of twenty-five thousand ($25, 000.00) dollars. 60. Defendants’ conduct toward Plaintiff James Lyons, Jr. was willfutl, wanton and malicious; further it was done with a flagrant indifference to the Plaintiff's rights and with a subjective awareness that such conduct would result in harm to the Plaintiff; therefore the Defendants are liable to the Plaintiff for an award of punitive damages in excess of twenty-five thousand (S25, 000.00) dollars, to be determined by the trier of fact, “OU ICTION OF TIONAL D RESS 61. Plaintiff James Lyons, Jr. restates and incorporates by reference paragraphs One through Sinty (1-60), as if fully rewritten herein. 62. Defendants’ actions in publishing the defamatory material was done to (1) negligently cause Plaintiff severe emotional distress and/or (2) was such that Defendants knew or should have known would cause severe emotional distress and which clearly exceeded the bounds of Page | 13 ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 384180common decency observed in a civilized community. The false presentation that Mr. Lyons was a child murderer clearly satisfies this requirement. 63. As a direct and proximate result of the Defendants’ negligent infliction of emotional distress of the Plaintiff James Lyons, Jr., Mr. Lyons has suffered and continues to suffer, injuries to her reputation, loss of employment opportunities, and other actual damages and speci damages in excess of twenty-five thousand ($25, 000.00) dollars, 64, Defendants’ conduct toward Plaintiff James Lyons, Jr. was done (1) negligently and/or (2) with gross negligence, in that it was done with a flagrant indifference to the Plaintiff’s rights and with a subjective awareness that such conduct would result in harm to the Plaintiff: therefore the Defendants are liable to the Plaintiff for an award of punitive damages in excess of twenty- five thousand ($25, 000.00) dollars, to be determined by the trier of fact. RELIEF REQUEST WHE! EFORE, Plaintiff James Lyons, Jr, prays for judgment against Defendants Kimball Perry; The Cincinnati Enquirer and Gannett Satellite Information Network, Inc, in an amount yet to be determined, but in excess of Twenty-Five Thousand Dollars ($25,000.00) for, inter alia, actual damages, special damages, compensatory damage, emotional distress damages; further, Plaintiff James Lyons, Jr. prays for judgment against Defendants Kimball Perry, ‘The Cincinnati Enquirer and Gannett Satellite Information Network, Inc. in an amount yet to be determined, but in excess of Twenty-Five Thousand Dollars ($25,000.00) for an award of punitive damages sufficient to deter such misconduct in the future, to be determined by the trier of fact, plus a reasonable award of attorney's fees and costs incurred herein; and finally, Plaintif?” James Lyons, Jr. prays for all relief to which he may be entitled at law and/or equity, including pre-judgment interest, Page {14 ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 384180Respectfully submitted, 4s/ Thomas J. Dail, Jr. [0089016] Trial Attorney for Plaintiff James Lyons, Jr. The Law Offices of Blake R. Maislin, LLC Maislin Professional Center 2260 Francis Lane Cincinnati, OH 45206 Tel: ($13) 721-55: Fax: (513) 721-5557 tdall@maislinlaw.com INSTRUCTIONS TO THE CLERK OF COURTS Please issue Summons to each Defendant named in the caption and serve each Defendant with Summons and Complaint via Certified U.S. Mail service, return receipt requested, all, Jr. [0089016] ‘Trial Attorney for Plaintiff James Lyons, Jr. The Law Offices of Blake R. Maislin, LLC Maislin Professional Center 2260 Francis Lane Cincinnati, Ohio 45206 Tel: (513) 721-5 Fax: (513) 72 57 Jtdall@maistinlaw.com Page | 15 ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 384180SURY DEMAND Plaintiff demands a trial by jury on all issues so triable pursuant to Civil Rules 38 and 39 of the Ohio Rules of Civil Procedure. Dall, Dall, Jr. [0089016] Trial Attorney for Plaintiff James Lyons, Jr. The Law Offices of Blake R. Maislin, LLC Maislin Professional Center 2260 Francis Lane Cincinnati, Ohio 45206 Tel: ($13) 721-5: Fax: (513) 721-5557 tdall@maisli inlaw. Page [16 ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 384180Aa TUESDAY, FEBRUARY 11, 2014 i) THE ENQUIRER COVER STORY l EXHIBIT oo JP County rethinks death penalty for childre Continued from Page Al cutor Mark Piepmeier said. Teas a punch to the stomach that took just misutes to Kill him. In addi- tion to the already healing fractures of Livesay's left arm and three ribs, he also had a deep tear on his liver and a severed blood vessel near the heart, “The injuries to the child are abso- lutely horrific,” Hamilton County ‘Common Pleas Court Judge Norbert ‘Nadel said last month as he sent James’ killer, Anthony Pierson, to prison for 20 years to life. Cases like Livesay’s frustrated Hamilton County Prosecutor Joc Deters, since he considered the al lowable punishments for such of- fenders too light. He lobbied Ohio lawmakers to strengthen penalties. He wanted to change the law to make the sentences against those who kill children younger than 13 eligible for the death penalty. “Thad to go through two speakers of the (Ohio) House to get it through, but I got it through,” Deters said, Inthe last few years, though, De- ters and his prosecutors haven't been suecessful convincing juries that doe Deters backed the death penalty for children’s killers. evqurres ru death is the appropriate punishment. In the last six cases the office has and doy KILLING KIDS Hamilton County prosecutors were instrumental in getting an Ohio law passed that made killers of children younger than 13 eligible for the death penalty, Since 20 ‘when Joe Deters became prosecutor for the second time, Hamilton County has used the law 18 times, seeking the death penalty in 13 of those cases. Three death sentences were given, two to Mark Pickens, wit kiled two children. ‘matthew Carovillano, 28 of North College Hill. Beat to death i8.month-old Kaylee Schnurr, daughter of his girlfriend, Marigrace Schnurr, at his home while E Marigrace watched televi sion downstairs. Sentence: Life in prison wnithout possibilty of parole Darius Myrick, 40, of ‘Westwood, Accused of beating to death his daugh- ‘er, 18:month-old Alyia S. Wyrick, at a Coreyville park. He was found aot guilty by reason of insanity. Result: indefinice stay at mental institution Charles Finley, 27, of Silverton. Beat to death Christopher Beck, his girl fiend!s year-old son, ina fit of jealous rage after finding love letters and pictures of Christophers ‘mother with other men. The chile had a fractured skull and a bite on his buttocks. Sentence: 15 years to life prison Seat von under three death sentences, ES ye fond of iti eLecTae BB 092015 10:58 / Pil) R BETH CONFIRMATION NUI is Smith, 24, mith ‘was age 17 in 2007 when he was trying to toilet train Malakai Glenn, 18-month: bd son of his girlfriend. He repeatedly siamared the ‘toddler into the wall of the Fay Apartments home he shared with is odner Sentence: 3) year t life in peison. Pano Mark Pickens, 24. Upset that Noelle Washington ‘reported to police that Pickens raped her, Pickens sneaked into her Pendleton home and shot her inthe back of the head as she held her 9-month-old son, Anthony Jones! He then shot 3,year-oldSha'Railyn Wright, ‘who knew him by name ard could identify him, Sha'Ralye raised her hand to tty to block the builet, but it went through her hand and hit her in the head. Then he shot the infant in the head. Between each shoot ing, his qun janamed, so he stooped to re-cock between killings. Sentence: On Christopher Dangerfield, 51, of Walnut Hill, Punched to-death Tyrese Short, his 3yeyear-old son, after he was given custody by the Hamilton County Depart sent of Job & Family Ser vices. The Boy haa been badly burried, had recently broken a leg ane’had told baby: sitter his dad punched him inthe stomach. Escaped a potential death sentence by pleading guilty, He is the father of Loinet Dangerfield, Sentence: 15 years ta lfein prison Thomas Huge, 48, of Springfield Township, Convicted of murder for the strangling death of his 15-month-old daughter, Kayl Bates, at their home, Convicted of murder but ‘escaped a possible death sentence. Sentence: 23 years to life in prison, Antrone Smith, 31, of ‘Westwood. Beat to death Damarcus Jackson, the 2eyear-old son of Smith's sgitfriend, Latico Jackson, 30 in the Walnut Hills home Eve xil vic de twDarius Myrick, 40, of Westwwood. accused of beating to death his daugh- ‘ef, 19-month-old Alyiah & Myrick, at a Corryulie park He was found not guilty by reason of insanity. Results Indefinite stay at mental institution, Charles Finley, 27, of Silverton, Beat to death Christopher Beck, his gil itiend’s year-old son, ina fitof jealous rage after finding love teters and Pictures of Christopher's ler man, The child had a nda bite on his buttocks 15 years to life in prison, a ‘mother with othe fractured skull Senten Fred Johnson, 42, of the West End. Stomped 7-year ‘ld Milton Baker to death Johnson, who was home Schooling Milton, became: enraged when the child couldn't correctly pronounce k. The child died the next 3 years to life in prison, a word ina boo doy. Senten . Lamont Hunter, 45, of i Carthage. Raped ond beat { or shook to death Sear fr Old Tastin Bh, son ot his Ginrend. Tustin sufered a broken eg, matiated Penis mutisted ear canal |< other injures. me chia nad eee from his mother ty oficial caren tre | + yearwen evidence of abusers ut later retuned to her. Sentence: Decth hhome and shot her in the a back of the head as she held her 8-month-old son, anthony jones He then shot 3 year-old Sharetm Wright, {tho knew him by name and could identify him. Sha’Raily raised her hand to iy to block the bullet, but it went through hee hand and hit her in the head. Then'he shot the infantin the head. Between each shoot: ing, his gun jammed, so he stovpee to fe-cock between killings, Sentence: On death row under three death sentences ‘one for each of his victims Mark Pickens, 24. Upset that Noelle Washington Feported to police that Pickens raped hor, Pickens sneaked into her Pendleton James tyons, 31, of North Avondele. Boat or stomped his 19-month-old son, Jaden enkins,éo death after the child wouldn't drink his ofange juice. Jaden had almost 50 fractures with at least 1 fractured ribs and tivo skull rot tutes. Sentence: Life in prison without possibilty of parole. rll “Life Danger- field, 29, oF College til Beat to death month-old Zhi Merah Linford, dauigh ter of Dangerfelds gir [acer broxen ateg ana naa tora a pay. sitter his dad punched him in the stomech, Escaped a potential death sentence by leading quitty. He isthe father of Lomell Dangerfield. Sentence: 15 years to ifs in Prison Thomas Huge, 43, of Springfield Township, Convicted of murder forthe strangling death of his 1S-month-old daughter, Kavli Bates, at theis home, Convicted of murder but escaped 2 possible death sentence Sentence: 23 years life in prison. Antrone Smith, 31, of i Westwood. Beat t6death he Damarcussackson, the cig 2yearoldson of Smith’ tix gilfriend, Latrcia Jackson, yes in the Wainut Hills home they shared. She testified agsinst Smith, The mother was sentenced to 2 Years in prison for child endangering Damarcus was killed just months after be Was taken from foster care and placed beck fhe wasn't the childs father DNA test Proved he was. Sentence: prison 15 yearsto life in Lanny Stoinoff, 27, of North College Hil. Accusod Of slamming his 4week-olg niece, Roslyn Noelle tot off, to the floor of his friend, in har Scuph Fair Parents’ Colerain Township» hospit Mount home: Dangerfield hhome, killing her. He was stored eBinmes her on ahardsurtacgsistmes etme not guilty by reason of insanity. trial io Gone of murder but escaped a posible’ men Indefinte stay ata mentalheaith 37° st ath sentence, Sentence: 15 yearstolite. feat insanit Inprison, + coer ER 984180 CONFIRMATION NUMBI RONICALLY FILED 01/09/2015 10:38 / IF / A 1500151 / ELECT!EXHIBIT a rere esi od oe os i ati is Seer ELECTRONICALLY FILED 01/09/2015 10:38 / IFW ./ A1500151 / CONFIRMATION NUMBER 384180RITZ) RS % 5 3 4 819 Salvia Avenue g % > 2 Here % EXHIBIT Cincinnati, OH 45224 2 z H 3 Office 513 541-0303 Fax 513 541-4530 % & 4 Ralph Williams, Administrator Over 30 Years of Service February 12, 2014 To Whom It May Concern: 1am writing this letter in reference to James Lyons Jr. who has been volunteering his time at Christ's Community in College Hill Food Pantry. It was bought to my attention on February 11, 2014; Mr. Lyons was involved in an incident involving a 19 month old child, according to the Cincinnati Enquirer. After talking with Mr. Lyons, | expressed my concerns for the 300 families we service monthly. 1 am placing Mr. Lyons on suspension as a volunteer at our agency until legal documents are provided to our agency proving Mr. Lyons innocence. Mr. Lyons is a valued volunteer worker who generously gives his time for the College Hill community. He is well liked by the people we serve. | have no choice to suspend him until the above matter is cleared. His services will truly be missed. Afi ter Ca A Nea QL AIS Ralph Williams, Director : ° Christ's Commu: ry in College Hill ELECTRONICALLY FILED 01/09/2015 10:38 / IFW / 1500151 / CONFIRMATION NUMBER 384180