1107 Crestline Drive
Santa Barbara, CA 93105
Hachette Filipacchi Media
1633 Broadway, New York, NY 10019
August 27, 2004
Dear Ms. Bambi,
In reference to your response to the letters sent to Carol Smith on June 11th and 14th of this year I would first like to thank you for responding at all. Since that courtesy is rare in my experience it is sincerely appreciated.
However, I must take issue with and enlarge our discussion on several points.
Contracts need not be written. A contract is composed of offer and acceptance and necessitates an exchange of values. If Ms. Rosman had not asked for and received an exclusive thus limiting our ability to give other interviews for what turned out to be nearly a year there would have been no exchange of values and you would be correct. However, this is not the case. Ms. Rosman did ask for such a consideration and it was granted.
The second point that we need to take up is the timing of your response. The initial letter was FedExed and the time of receipt is thus fixed and noted. One might wonder why two and a half months had been allowed to pass before a response could be sent. This becomes even more curious when since that time my daughter and I have filed a suit in New York for slander and libel that reserved the right to add defendants. That pleading has been widely circulated and we have received numerous inquiries on the suit. Your response clearly could have been responsive to that filing and thus your letter could be responsive not to the initial letter but in hopes of avoiding having your client named as a defendant in that suit.
When and if this matter was litigated the basis of proof necessary to prevail would be that pertaining to a civil action and the timing of your response would raise questions that would need to be answered.
You should also know, if you are not aware, that the journalist, Katy Rosman, was recently hired by the Wall Street Journal. This also goes to the issue of motive for deciding not to run the article as agreed. It may well be that other actions that imply trades of favors were made of which we are not yet aware. We are looking in to that.
Again, I want to thank you for your response. It was very much appreciated. I hope I spelled your name correctly. I tried to read it but may not have been accurate. Since my own signature is also scrawly I understand the problem. I type my name below it so as not to cause misunderstandings.