Carol Smith
Senior Vice President/ELLE Group Publishing Director
1633 Broadway, 40th Floor
New York, NY 10019
Senior Vice President/ELLE Group Publishing Director
1633 Broadway, 40th Floor
New York, NY 10019
212-767-5800
June 11, 2004
Dear Ms. Smith,
We have been reliably informed through
Ms. Katy Rosman that you are not going to run the article for which
my daughter and I were interviewed and for which we provided
interviews and complete and conclusive documentation and declarations
of the various abuses and crimes my daughter suffered at the hands of
her former boy friend, John Fund.
We understand through the same source
that you decision was predicated on the assertion that the proofs we
provided were not sufficient. However, you have failed to contact us
or our attorney with questions although each of us has been available
to you during the entirely of the past year both by phone, in person,
and via e-mail.
A threat to sue over the publication
of information that is provably true constitutes criminal behavior
both in California and New York under statutes in each of those
states. Those statutes are:
New York: KIDNAPPING, COERCION AND
RELATED OFFENSES S 135.60 Coercion in the second degree;
California: PENAL CODE SECTION
422.6-422.95 and SECTION 422-422.1
Further, the use of such threats
constitutes a Federal crime under United States Code No. 28
Therefore you have relief for threats
made against you to prevent publication and can prevail over those
threats.
An objective third party recently did
a survey of the material publicly available on the web. This
individual was not familiar with the case and got in touch on an
entirely different matter. He expressed the opinion that there can
be no doubt as to the truth of our assertions given the blatant and
continuing barrage of lies from Mr. Fund and his attorney. Therefore
we must also consider the possibility that you are withdrawing this
article for other reasons than those stated.
During the last year we have been
approached by other journalists interested in pursuing such an
article and refused to cooperate with those efforts because we
promised Elle Magazine an exclusive. Because of this material
consideration and because of the timing of your notification to us we
face real and profound potential losses among which is the appearance
that you are substantiating the slanders and libels asserted without
evidence by Mr. Fund.
I include here a copy of the
documentation provided to you which represents a tremendous amount of
work on our parts. While this is all of the documentation supplied
to you it is naturally not all of the more that 50,000 pieces of
evidence in the hands of our attorney who is presently pursuing a law
suit in New York. The name of our attorney is Gary Fish, esq. and
you are free to contact him to substantiate these claims.
If you yield to these threats
you will have damaged the legal principle, originally established in
1735 in New York in the case of Zenger that the truth is its own
defense and that in itself is news worthy.
Therefore, if you do not publish the
article as promised you leave us no choice but to seek legal remedies
against you. Since I participated in the interviews I will take
those actions in California while my daughter follows through in New
York. We will simultaneously file in Federal Court since they will
eventually hear the case.
While I am sincerely sorry to write
this letter you have left me no choice.
In hopes that these contemplated
actions will prove unnecessary I sign myself,
Sincerely,
Melinda Pillsbury-Foster
27 W. Anapamu No. 255
Santa Barbara, CA 93101
Cc: Gary Fish, Esq, Board of Directors
and others
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