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Alabama YMCA Youth Judicial
2016 Case Materials
www.alyig.org/judicial
IN THE CIRCUIT COURT OF
GOWER COUNTY, CONTINENTAL
JAMIE KYSER, a minor by and through *
parents and next friends TERERSA and *
KEITH KYSER, *
*
Plaintiffs *
*
vs. * CV-2015-1234
*
HUNTER SULLIVAN, by and through *
parents BOB and CINDY SULLIVAN, *
*
Defendants. *
IN THE CIRCUIT COURT FOR
GOWER COUNTY, CONTINENTAL
JAMIE KYSER, a minor by and through *
parents and next friends TERERSA and *
KEITH KYSER, *
*
Plaintiffs *
*
vs. * CV-2015-1234
*
HUNTER SULLIVAN, by and through parents * Witnesses, Exhibits, Stipulations,
BOB and CINDY SULLIVAN, * and Legal Authorities
*
Defendants. *
WITNESSES
The following witnesses may be called by the parties:
For the Plaintiff: For the Defendant:
Jamie Kyser Hunter Sullivan
Blake Williams Coach Sam Chandler
Taylor Welch Cameron Fields
All Witnesses May Be Male or Female
EXHIBITS
Exhibit 1- Article by Dr. Welch
Exhibit 2- Psychiatric Assessment and Report
Exhibit 3- Gower County School Conduct Policy
Exhibit 4- Official Resolution by Gower County School Board Association
Exhibit 5- Deposition Excerpts
Exhibit 6- Forensic Copy of GCHS FriendBook Page
Exhibit 7- Late Sign In Sheet
Exhibit 8- Library Computer Sign-In Record
STIPULATIONS
1. All exhibits included in the case are authentic and accurate in all respects. No objections
to the authenticity of the exhibits will be entertained.
2. All depositions and witness statements are presumed to be signed by the deponent and/or
witness.
3. In arguing legal issues, the parties may rely upon the legal authorities provided below,
the complaint, the answer, and the jury charges provided with this case.
4. The psychiatrist’s report is admissible without further foundation. No hearsay objections
to this document will be entertained. However, if any hearsay is contained in this report,
hearsay objections shall be entertained as to those portions of the report which may
contain hearsay.
5. No hearsay objections to Exhibit 6 will be entertained. However, if any hearsay is
contained in the exhibit, hearsay objections shall be entertained as to those portions of
the exhibit which may contain hearsay.
LEGAL AUTHORITIES
1. CONT. CODE § 6-5-182 (1975)--- In an action for libel or slander, the plaintiff must prove,
unless it shall be admitted by the defendant, the facts showing that the alleged defamatory
matter was published or spoken of the plaintiff.
2. CONT. CODE § 6-5-183 (1975)--- In all actions of slander or libel, the truth of the words
spoken or written or the circumstances under which they were spoken or written may be
given in evidence under a general denial in mitigation of damages.
3. CONT. CODE § 6-5-183 (1975)--- The defendant in an action of slander or libel may prove
under a general denial in mitigation of damages that the charge was made in good faith
by mistake or through inadvertence or misapprehension, and that he has retracted the
charge in the same medium of publication as the charge was originally promulgated and
in a prominent position therein.
4. The tort of invasion of privacy consists of four distinct wrongs: ‘‘(1) intruding into the
plaintiff’s physical solitude or seclusion; (2) giving publicity to private information about
the plaintiff that violates ordinary decency; (3) putting the plaintiff in a false, but not
necessarily defamatory, position in the public eye; or (4) appropriating some element of
the plaintiff’s personality for a commercial use.’’ Warren v. Roland, 706 N.N.W. 3d
700, 701 (Cont. 1997).
PATTERN JURY INSTRUCTIONS
CJI 23.00
Defamation--- Libel and Slander--- Definition
Defamation means the communication to a third person of a false and malicious
imputation of a crime or moral delinquency of and concerning the plaintiff
which subjected the plaintiff to disgrace, ridicule, odium, or contempt in the
estimation of his friends and acquaintances, or the public, with resulting damage
to plaintiff’s reputation.
CPJI 23.07
Truth as a defense- Libel or Slander
If you are reasonably satisfied that the matter published was substantially true;
that is, true without qualification, and in all respects material; then you cannot
find for the plaintiff.
CPJI 23.08
Construction of Words
Published words, made the basis of a libel or slander action, must be construed
according to their natural and probable effect upon the mind of the average lay
person.
CPJI 23.09
Words of and Concerning Plaintiff
If you are not reasonably satisfied that the communication complained of was
directed against the plaintiff, then you cannot find for the plaintiff.
IN THE CIRCUIT COURT FOR
GOWER COUNTY, CONTINENTAL
JAMIE KYSER, a minor by and through *
parents and next friends TERERSA and *
KEITH KYSER, *
*
Plaintiffs *
*
vs. * CV-2015-1234
*
HUNTER SULLIVAN, by and through parents *
BOB and CINDY SULLIVAN, *
*
Defendants. *
COMPLAINT
COMES NOW the Plaintiff, JAMIE KYSER, by and through parents and next friends
KEITH and TERESA KYSER, and alleges as follows:
PARTIES
1. Plaintiff Jamie Kyser, a minor, is a resident of Gower County, Continental. Keith
and Teresa Kyser, parents and lawful guardians of Plaintiff, are residents of
Gower County, Continental.
2. Defendant Hunter Sullivan, a minor, is a resident of Gower County, Continental.
Bob and Cindy Sullivan, parents and lawful guardians of Defendant, are residents
of Gower County, Continental.
3. All of the acts complained of in this Complaint occurred in Gower County,
Continental. Therefore, venue is proper in this Court.
FACTS
1. On or about February 4, 2015, Defendant Hunter Sullivan wrote certain
statements on the Glanton County High School’s FriendBook social media page
indicating that Jamie Kyser used Performance Enhancing Drugs.
2. Specifically, Defendant wrote ‘‘Cat’s out of the bag! If there was ever any doubt
why Basketball Star Jamie Kyser became an overnight basketball star, it will be
gone soon --- I have definitive proof that s/he regularly dopes up. For those of you
who aren’t into the parlance of our times, that means that s/he is a regular user of
performance enhancing drugs. S/he would fit right in with about half of the
Russian Olympic Team!’’
3. Said statement was published to the FriendBook social media page.
4. As a result, Plaintiff has suffered physical pain and mental anguish and suffering.
COUNT ONE
8. Plaintiff asserts that Defendant is guilty of the tort of libel based upon the
statements contained in the note.
COUNT TWO
9. Plaintiff asserts that Defendant is guilty of the tort of slander based upon the
statements made by Defendant alleging criminal activity.
COUNT THREE
10. Plaintiff asserts that Defendant is guilty of the tort of invasion of privacy for
disclosing false statements to the public which have damaged Plaintiff’s mental and physical
well-being and which have damaged her reputation.
COUNT FOUR
11. Plaintiff asserts that Defendant is guilty of the tort of invasion of privacy for
disclosing private facts to the public which have damaged Plaintiff’s mental and physical well-
being and which have damaged her reputation.
WHEREFORE, Plaintiff demands judgment against Defendant for compensatory and
punitive damages in an amount determined by a jury, plus interest, attorneys’ fees, costs,
expenses resulting from the defamation and invasion of privacy, and such other relief as this
Court deems just and proper.
______________________________
Cormack Glanton (CSB 044)
Attorney for the Plaintiff
TRIAL BY STRUCK JURY DEMANDED
______________________________
Cormack Glanton (CSB 044)
Attorney for the Plaintiff
IN THE CIRCUIT COURT FOR
GOWER COUNTY, CONTINENTAL
JAMIE KYSER, a minor by and through *
parents and next friends TERERSA and *
KEITH KYSER, *
*
Plaintiffs *
*
vs. * CV-2015-1234
*
HUNTER SULLIVAN, by and through parents *
BOB and CINDY SULLIVAN, *
*
Defendants. *
ANSWER
COMES NOW the Defendant, HUNTER SULLIVAN, by and through her parents and
next friends BOB and CINDY SULLIVAN, and answers the Plaintiff’s complaint as follows:
FIRST DEFENSE
Defendant denies each and every allegation of the complaint, and demands strict proof
thereof.
SECOND DEFENSE
The complaint fails to state a cause of action against this Defendant upon which relief
can be granted.
THIRD DEFENSE
The Defendant states that he/she is not guilty of the matters alleged in the complaint.
FOURTH DEFENSE
The Defendant pleads the general issue.
FIFTH DEFENSE
The Defendant denies that the Plaintiff was injured to the nature and extent as alleged in
the complaint.
SIXTH DEFENSE
The Defendant pleads failure to mitigate damages.
SEVENTH DEFENSE
The Defendant pleads truth.
EIGHTH DEFENSE
The Defendant denies that the Plaintiff requested a retraction. As a result punitive
damages are not available.
______________________________
Norman Tule (CSB 005)
Attorney for the Defendant
IN THE CIRCUIT COURT FOR
GOWER COUNTY, CONTINENTAL
JAMIE KYSER, a minor by and through his/her *
parents and next friends TERERSA and *
KEITH KYSER, *
*
Plaintiffs *
*
vs. * CV-2015-1234
*
HUNTER SULLIVAN, by and through parents *
BOB and CINDY SULLIVAN, *
*
Defendants. *
DEPOSITION OF JAMIE KYSER
The witness, JAMIE KYSER, being first duly sworn to state the truth, the whole truth,
and nothing but the truth, testified as follows:
I am currently an 11th grade student at Gower County High School. I was born and raised
in neighboring Rosarita County. We moved to Gower County right before I started the 9th grade.
I attend Gower County High School. Gower County High School is okay. I really miss all my
friends that I grew up with. We still see each other sometimes, but it took me a little while to
be accepted here. It is a close knit community ----- everyone has known everyone else since the
day they were born. Don’t get me wrong, I get along well with everyone and became rather
popular once I joined the basketball team. Sports are a big deal around here, especially
basketball. And I am very very good at basketball. Of course, it took me a while. I wasn’t all
that athletic when I first got here, but between 9th and 10th grade, I hit a massive growth spurt,
and all of a sudden, I was playing like LeBron.
Don’t get me wrong --- I am also a good student. My goal is to get a basketball scholarship
like some of the students around here, but if all else fails, I am trying to make sure that I get
good grades so that I can maybe get an academic scholarship or at least accepted into a really
good school (preferably one a long way from here). My guidance counselor is really pushing for
Toadvine State University, but too many of the students from Gower County go on to that school.
Heck --- I wouldn’t go there if I got a basketball scholarship! I have no intention of spending four
more years with those people-----especially Hunter Sullivan.
After the last bell, most students gather outside the covered break area to hang out and
wait on rides or buses. On February 4, 2015, me and some of my friends headed out to the
break area after school like usual. I knew something was up as soon as we started walking that
way. A bunch of students were whispering and laughing and staring at me. We walked up to
our usual group and they just turned and walked away. I yelled at one of them, ‘‘What’s up?’’
Rob Chambers, a guy I’m friends with, said, ‘‘Way to take one for the team --- although it sounds
like you took much more than one.’’ Then he made a gesture like he was showing off his muscles.
Then, everyone started laughing. I had no idea what he was talking about, so I walked up to him
and asked.
Rod said that he was in the principal’s office when Hunter Sullivan was brought in by
Coach Chandler. Coach Chandler sat him in front of a computer and asked ‘‘did you write
this?’’ Apparently it was an anonymous comment on the Gower County High School FriendBook
page that was about me using P.E.Ds. Someone said that I was using performance enhancing
drugs, and that’s why I was so dominant on the court!
Then Rob said, loudly ‘‘apparently you are a bigger dope than we thought.’’ Of course,
he emphasized the word ‘‘dope’’ and everyone started cracking-up. I didn’t know what to do. I
was so shocked and embarrassed I ran all the way home. My parents had already seen the
FriendBook post, and were furious. They immediately started yelling at me asking me if it was
true, then they threatened to call the school. After I told them that I thought it was Hunter, and
my parents threatened to call Hunter’s parents. That first night --- I had a panic attack. I started
breathing heavy and sweating. It was bad --- I guess I was embarrassed and angry. But most of
all, I was hurt.
My parents thought it was best if I did not go to school the next day so I stayed at home-----
I just knew that it was Hunter who posted that slanderous comment about me, and I didn’t want
to see him. He has always been jealous of my athletic ability. In fact, one day right after I moved
here, he called me a ‘‘carpetbagger’’ and said that I had not ‘‘earned the right’’ to be a member
of Gower County sports teams. I thought that maybe his attitude toward me would get better
over time, but he has always been a bitter person, and everyone at this school knows it. I also
know that Hunter is saying that there have always been rumors about me using P.E.D.s, but
that’s just not true. He made that up --- no one has ever accused me (or anyone else at GCHS) of
juicing. Coach always makes it a point to emphasize the importance of fairness and clean living,
and he always brags about having one of the cleanest basketball programs in the State.
One day kinda led to the next, and before I knew it the whole week had passed and I had
not been to school. Worse yet, that whole week, no one had taken the initiative to remove the
false, offensive FriendBook post. I guess I could have confronted Hunter, but our relationship
was already pretty negative, and I don’t know what I would have said to him. My parents sent
me to a psychiatrist -----Taylor Welch. I have never been to one of those kind of doctors before,
but it was alright. We talked and stuff. Mainly about what I thought, what I did, how I slept,
my parents and how everyone had started treating me after the note.
I have finally gone back to school. I heard that Hunter got suspended for a day for
posting the anonymous accusation about me. I also heard a rumor is that he was caught on a
Library computer trying to hack into one of his buddy’s FriendBook accounts, and got suspended
again! I am not surprised --- if Hunter is anything, he is a liar, and will make things up to get
attention. I’m not the only person at GCHS who thinks this --- everyone on the basketball team
calls him ‘‘Half-truth Hunter.’’ Things are still a little strange around school, but I know I should
be back. If I ever want out of this place, I have got to keep my grades up. Unfortunately,
though, all of the colleges that were considering giving me a scholarship have just stopped calling
--- I guess they don’t want to take the risk. It’s really awful how someone’s lie can have such an
enormous effect on another person’s life.
____________________________________
JAMIE KYSER
STATE OF CONTINENTAL
COUNTY OF _______________
Before me, the undersigned Notary Public, did personally appear JAMIE KYSER who states to
me that S/HE is aware of the contents of the foregoing Affidavit, and that S/HE did execute it voluntarily.
SWORN TO and SUBSCRIBED before me on this the ___ day of __________, 2016.
______________________________
NOTARY PUBLIC
IN THE CIRCUIT COURT FOR
GOWER COUNTY, CONTINENTAL
JAMIE KYSER, a minor by and through his/her *
parents and next friends TERERSA and *
KEITH KYSER, *
*
Plaintiffs *
*
vs. * CV-2015-1234
*
HUNTER SULLIVAN, by and through parents *
BOB and CINDY SULLIVAN, *
*
Defendants. *
DEPOSITION OF BLAKE WILLIAMS
The witness, BLAKE WILLIAMS, being first duly sworn to state the truth, the whole
truth, and nothing but the truth, testified as follows:
My name is Blake Williams. I currently serve as President of the Gower County School
Board Association. We are responsible for establishing and implementing all policies and
procedures for the schools in this county, overseeing financial matters, and employment issues.
One of our primary responsibilities outside these administrative matters is disciplinary actions
involving students. We take our School Conduct Policy very seriously and swiftly and seriously
reprimand any offenders
I have firsthand knowledge of the disciplinary action involving Hunter Sullivan. Hunter
appeared, with his parents and attorney, before the School Board on February 12, 2015. Hunter
was accused of having made statements about Jamie Kyser in violation of Section I (4) of the
Gower County High School Conduct Policy. After Hunter was sworn in, he testified that he had
absolutely nothing to do with the anonymous statement posted on the Gower County FriendBook
page. He said that he got rid of his FriendBook account once his grandmother decided to join
and ‘‘friended’’ him. Apparently, there is a new social media app called ‘‘SnapTrap’’ that is all
the rage, and according to Hunter, ‘‘no one gets on FriendBook any more.’’ Hunter also testified
that he could not have posted the offensive link because he was not at school at 9:45a.m., when
the statement was posted online.
For my part, I just didn’t believe him. First of all, for some reason, Hunter’s FriendBook
page always comes up on my ‘‘Recommended Friends’’ list, so he must still have an account.
Also, my kids told me once that they know lots of people who open up anonymous accounts on
FriendBook so they can make comments without the risk of getting identified. In fact, I tried to
open an anonymous account myself (just to see if it was possible) and it took me a grand total of
five minutes. Also, during the hearing, Hunter was caught telling a bald-face lie! He told the
Board that he had never seen or visited the Gower County High FriendBook page. He sure
changed his tune when one of my colleagues questioned him about a FriendBook post that he
made on the Gower County High page from two years earlier. He said ‘‘I must have forgotten
about that. . . .’’ We also saw evidence that Hunter logged into a library computer about ten
minutes before the anonymous poster wrote the offending message, and we know that the
message was posted on a school computer. We also saw other evidence, late school sign-in
sheets, computer records, forensic copies and the like. It was intense.
Coach Sam Chandler also appeared before the School Board in defense of Hunter. He
told the board that he believed that Hunter was an honest, upstanding member of the school
community, that Hunter told him that he did not make the FriendBook posts, and that, as far as
he was concerned, Hunter’s word was his bond. After a vote of three to two, the School Board
found Hunter Sullivan had indeed violated the policy and suspended him from all school activities
for one day.
I was a little disappointed that Hunter did not receive the maximum of three days of
suspension. I think what s/he did was reprehensible. I have been friends with Teresa and Keith
Kyser for years. They are excellent parents and pillars of the community. I cannot imagine what
it must be like for them to have their child’s name dragged through the mud on social media. I
have heard stuff about Jamie in the past, and I won’t deny that I have heard rumblings about
his/her excellent athletic ability not being ‘‘natural,’’ but you know how high school kids can be
about rumors and innuendo, so I never thought anything about it. Now I feel sorry for Jamie.
Jamie has always been a good student, well-liked, and popular. But I get the sense that other
Parents have become a bit more leery of Jaime and his/her family. Just last week, I had a parent
tell me that she wouldn’t let her child play on the basketball team because ‘‘as long as Jamie
Kyser is playing, every one of his/her teammates is tainted.’’
____________________________________
BLAKE WILLIAMS
STATE OF CONTINENTAL
COUNTY OF _______________
Before me, the undersigned Notary Public, did personally appear BLAKE WILLIAMS who states to me that S/HE is
aware of the contents of the foregoing Affidavit, and that S/HE did execute it voluntarily.
SWORN TO and SUBSCRIBED before me on this the ___ day of __________, 2016.
______________________________
NOTARY PUBLIC
IN THE CIRCUIT COURT FOR
GOWER COUNTY, CONTINENTAL
JAMIE KYSER, a minor by and through his/her *
parents and next friends TERERSA and *
KEITH KYSER, *
*
Plaintiffs *
*
vs. * CV-2015-1234
*
HUNTER SULLIVAN, by and through parents *
BOB and CINDY SULLIVAN, *
*
Defendants. *
DEPOSITION OF TAYLOR WELCH, M.D.
The witness, TAYLOR WELCH, being first duly sworn to state the truth, the whole
truth, and nothing but the truth, testified as follows:
I am a 1996 graduate of Vanderbilt University. I graduated with a B.A. in
Sociology/Psychology and Chemistry. I then attended Vanderbilt University Medical School
and where I received my medical degree in Psychiatry. Following graduation, I did my internship
at The Mayo Clinic. After completing my internship, I accepted a position with Cedars-Sinai
Hospital. I have recently opened my own practice in Gower County. I have authored several
articles, including one relating to school socialization. The other articles related to the effects
of pregnancy-related weight gain on a mother’s self-esteem; schizophrenia among children born
to older men; and a study relating to mental illness among the homeless.
I have met with and counseled Jamie Kyser for a case of mild depression as a result of
the conduct and comments made by Hunter Sullivan. As a standard practice when treating
adolescents, I first meet with their parents out of the presence of the patient in order to establish
certain parameters, such as past behavior, illnesses, and present behavior, in order to more fully
assess a patient. Teresa and Keith Kyser stated that Jamie had no significant childhood illnesses
or trauma. They said Jamie was a popular teenager. Jamie was picked as ‘‘Best All-Around
Freshman’’ for the school yearbook two years ago. Jamie had lots of dates and lots of friends
until February of this year after the incident with the post. Subsequent to this, Jamie became
withdrawn and did not go to school for two weeks. Jamie’s friends have responded negatively.
Jamie has lost weight and has had problems sleeping.
During my hour consultation with the patient, Jamie presented with symptoms consistent
with mild depression. We discussed the possible causes and the effects which have manifested
themselves over the three months subsequent to the incident. A report of my consultation and
assessment is attached hereto. In my opinion, Jamie suffers from mild depression caused by the
negative comments inferring performance enhancing drug use made by Hunter Sullivan.
____________________________________
TAYOR WELCH, M.D.
STATE OF CONTINENTAL
COUNTY OF _______________
Before me, the undersigned Notary Public, did personally appear TAYLOR WELCH who states to me that S/HE is
aware of the contents of the foregoing Affidavit, and that S/HE did execute it voluntarily.
SWORN TO and SUBSCRIBED before me on this the ___ day of __________, 2016.
______________________________
NOTARY PUBLIC
IN THE CIRCUIT COURT FOR
GOWER COUNTY, CONTINENTAL
JAMIE KYSER, a minor by and through *
parents and next friends TERERSA and *
KEITH KYSER, *
*
Plaintiffs *
*
vs. * CV-2015-1234
*
HUNTER SULLIVAN, by and through parents *
BOB and CINDY SULLIVAN, *
*
Defendants. *
DEPOSITION OF HUNTER SULLIVAN
The witness, HUNTER SULLIVAN, being first duly sworn to state the truth, the whole
truth, and nothing but the truth, testified as follows:
I am currently an 11th grade student at Gower County High School. I was born and raised
in Gower County. I attended Gower County Elementary School, Gower County Junior
High School, and this is my third year at Gower County High School. Gower County High
School is a pretty good place to go to school. The junior class has approximately 100 students
in it. Most of the other classes also have about 100 students. Since this the only High School in
Gower County, we all know each other pretty well. We have pretty much been together as a
group as we have moved from grade to grade. If we do not know someone directly, we usually
know something about the other person.
I am pretty active in school and make pretty good grades. I currently have a ‘‘B’’
average. I also am involved in sports. I play forward on the varsity basketball team, although I
am not a starter. I really enjoy basketball and hope someday to earn a college scholarship if I
can ever break into the lineup. Coach Chandler tells me that if I work hard and stay out of
trouble, I might have a chance.
Although I have a ‘‘B’’ average, I do not enjoy my classes as much as I do athletics.
Sometimes we get bored during our classes and goof off. Health class is a perfect example. Who
needs a whole class about health. That kind of stuff should be common sense for everybody.
Coach Chandler is our health teacher. You can imagine what it’s like having your basketball
coach teach you health, including all of that stuff about drugs. He spends a lot of time talking
and talking and talking about how clean his basketball program is . . . I’m not sure if he is
willfully blind, or if he just doesn’t want to admit that the entire team is doped-up. I mean --- not
me, of course, but I’m not a starter either and it’s just not worth it for me to cheat the system to
get an edge.
I am being wrongfully accused of getting online and posting about the Jamie Kyser doping
scandal. Yes --- everyone and their dog knows that Jamie Kyser used P.E.D.s. It’s not a secret,
and it’s absolutely true. I’m on the basketball team with him/her and everyone on the basketball
team knows --- they are doing it with him/her! In fact, I’ve seen him/her taking all sorts of pills
and what-have-you. I don’t know if they were steroids or what, but I saw it --- it was two years
ago after practice one afternoon. We went to the locker and I saw Jamie take some kind of power
out of his/her bag and mix it in a water-bottle. I asked Jamie if s/he had any extra sports-drink
mix and he/she started laughing and said ‘‘is that what people are calling it these days?’’ I looked
at him/her and said ‘‘calling what these days?’’ Jamie just shook his/head like I was an idiot and
walked away.
There is other evidence. When s/he moved to GCHS, s/he was a scrawny little runt, and
although s/he tried out for the basketball team, s/he could barely keep up. But by his/her Junior
year, it was like s/he had transformed. S/he had put on at least 25 pounds, had moves like
Stephen Curry, and could dunk a tennis ball. We were shocked, but of course s/he made the
team and was an instant starter. Everyone at GCHS noticed the transformation, and everyone
knew instantly why Jamie had become an overnight basketball sensation --- it just wasn’t natural!
But even though it is absolutely true that Jamie uses PEDs, I was not --- I repeat --- not the
person who posted on the FriendBook GCHS page. I stopped using my FriendBook account
years ago after my mom joined up and started snooping around! No one really uses FriendBook
any more anyway --- it’s a haven for washed-up 30-somethings to keep up their tender-self-esteem
up by posting doctored-up photos of their kids. But I digress. Not only do I not get on FriendBook
anymore, but it would have been impossible for me to have posted that note on the day-of. I was
told that the offending post was made by someone on a school library computer that morning at
10:56 a.m. Something about tracking an I.P. address? Anyway, I was late for school that day,
so I couldn’t have possibly made that post.
That didn’t stop some wannabe snitch from reporting me to the Coach. I have no idea
why anyone would suspect that I would badmouth a classmate on FriendBook, but they did. I
got suspended for one day because principal thought we had violated the school language and
behavior policy, and nothing I said could convince him otherwise.
Once that happened, our parents got involved. The principal’s decision to suspend me
was appealed to the school board. My parents thought that since it would show up on my college
record, it might hurt my chances of getting invited to a good school. Unfortunately, I did not
get any relief on the appeal from the school board. My one day suspension is now on my record.
Yes --- I got caught a few weeks later trying to log into a friend’s FriendBook account
while at the library. Another classmate saw me trying a password, and reported me to Coach
Chandler. Honestly, I got pretty nervous in Coach’s office because I was just accused of lying
about someone online, so I initially told Coach that I was signing into my own FriendBook page.
Fortunately, though, my friend told the truth (unlike Jamie) --- he was in class and heard
that someone posted an unflattering pic of him on FriendBook. He texted me under his desk and
asked me to log into his account and delete the picture from his FriendBook wall because he
couldn’t do it in class from his phone! I thought I knew his password, but apparently he changed
it. The Principal let that one slide.
I am sorry that Jamie Kyser’s feelings were hurt, but if s/he doesn’t want people talking
about his/her P.E.D. use, s/he shouldn’t be using P.E.D.s!
____________________________________
HUNTER SULLIVAN
STATE OF CONTINENTAL
COUNTY OF _______________
Before me, the undersigned Notary Public, did personally appear HUNTER SULLIVAN who states to me that S/HE
is aware of the contents of the foregoing Affidavit, and that S/HE did execute it voluntarily.
SWORN TO and SUBSCRIBED before me on this the ___ day of __________, 2016.
______________________________
NOTARY PUBLIC
IN THE CIRCUIT COURT FOR
GOWER COUNTY, CONTINENTAL
JAMIE KYSER, a minor by and through *
parents and next friends TERERSA and *
KEITH KYSER, *
*
Plaintiffs *
*
vs. * CV-2015-1234
*
HUNTER SULLIVAN, by and through parents *
BOB and CINDY SULLIVAN, *
*
Defendants. *
DEPOSITION OF SAM CHANDLER
The witness, SAM CHANDLER, being first duly sworn to state the truth, the
whole truth, and nothing but the truth, testified as follows:
I am a graduate of Mainsail University. While at Mainsail, I played on the school’s
basketball team. We won the North Western Conference two times while I was there. I received
a degree in Education.
Since my graduation from Mainsail University, I have been employed as a coach at
several schools. I started working with junior high school teams and eventually worked my way
up to high school teams. I have been employed as the Head Basketball Coach at Gower County
High School since 2008.
In addition to my coaching duties I am required to teach two classes. I teach 10th grade
history and 11th grade health. Sometimes a member of one of my teams is in my class. I do not
see any problems with that. Somebody has to look out for the athletes.
On February 4, 2015, during my break period I was browsing the GCHS FriendBook
page. Yes, I was working. I am an admin on the page --- I even joined under the username
‘‘Headballcoach.’’ I always post on the website before games. After I posted, though I saw a
comment pop-up about Jamie Kyser using P.E.D.s. Immediately the GCHS page lit up with
about 40 ‘‘likes’’ in a five minute period, and several comments --- some people standing up for
Jamie, and some other people making snide comments about his/her ‘‘unnatural athletic ability.’’
Now I know Jamie, and I know that s/he is incredibly good at basketball. There is a lot of
‘‘chatter’’ amongst the students here about how s/he got to be so good, but I can guarantee you
that I do my best to run an airtight, clean program, so if Jamie is using, I certainly wouldn’t
know about it, and absolutely wouldn’t condone it.
About ten minutes after the comment was posted, one of my players sent me a FriendBook
message saying that s/he knew who the anonymous commenter was: Hunter Sullivan. I couldn’t
believe it! Hunter is an honest student who generally gets along with everyone on the team. S/he
is the ultimate team player --- maybe not the best athlete, and s/he may see 5 minutes of playing
time all season, but s/he is always on his/her feet cheering the team and giving 110% effort in
practice. Now I know that Hunter and Jaime aren’t best friends or anything, and I’ve heard that
there is some tension there, but I just know that Hunter wouldn’t deliberately lie about something
this serious. Heck, just two years ago, Hunter won the Warren Z. Cormack Award. The school
gives out this award to the student who might not be the most well-known or popular person at
GCHS, but who exhibits talent, integrity, and honesty.
Despite this, I was angry when I saw the comment, mainly because the comment was an
indirect indictment of my program, so I stormed out of my office and went to find Hunter, who
it turned out was also on his/her break period, hanging out in the library study room. I sat down,
looked Hunter in the eye, and asked him/her whether s/he had written the anonymous post. S/he
immediately said ‘‘no.’’ Of course, I believed him/her, but I was worried about what would
happen if it got out that I didn’t report Hunter to the principal as a suspect. So we walked to the
Principal’s office and I told her that another student informed me that Hunter had written the
post. The Principal thanked me and then asked me to leave while they talked. I thought about
telling her that I was sure Hunter was not the culprit, but for one reason or another, I kept my
mouth shut. I didn’t want to make a scene I guess, and I’ve always been pretty intimidated by
the Principal.
I guess that’s why I made the decision to appear at Hunter’s Board meeting as a character
witness. I just do not believe that Hunter would have done this --- s/he is honest as the day is
long, and would never lie to me.
I do know that after the incident Jamie missed a few days of class. S/he did not really
seem to be the same person afterwards. Jamie sort of sat one side of the room, alone. These kids
really do need to get a tougher outer shell.
____________________________________
SAM CHANDLER
STATE OF CONTINENTAL
COUNTY OF _______________
Before me, the undersigned Notary Public, did personally appear SAM CHANDLER who states to me that
S/HE is aware of the contents of the foregoing Affidavit, and that S/HE did execute it voluntarily.
SWORN TO and SUBSCRIBED before me on this the ___ day of __________, 2016.
______________________________
NOTARY PUBLIC
IN THE CIRCUIT COURT FOR
GOWER COUNTY, CONTINENTAL
JAMIE KYSER, a minor by and through *
parents and next friends TERERSA and *
KEITH KYSER, *
*
Plaintiffs *
*
vs. * CV-2015-1234
*
HUNTER SULLIVAN, by and through parents *
BOB and CINDY SULLIVAN, *
*
Defendants. *
DEPOSITION OF CAMERON FIELDS
The witness, CAMERON FIELDS, being first duly sworn to state the truth, the whole
truth, and nothing but the truth, testified as follows:
I graduated from Gower County High School last year and I currently work at my Dad’s
hardware store in Mainsail, Continental. I am considering college, but I am enjoying this Gap
year a great deal --- very little pressure, regular work hours and a steady paycheck. I might extend
this gap year to two.
I had a rough go of it in high school. I got caught up in the wrong crowd, and by my
Sophomore year, I was in the P.E.D. sales racket. Sports are huge at GCHS, so it’s easy to
understand why I was knee deep in a seller’s market. And I made a barrel full of money. Those
were the salad days. It all came crashing to the ground in early 2015, when Lewellen Holden
overdosed on some of my product. He was rushed to the hospital, I was arrested and entered a
plea deal --- I pled guilty, the prosecutors agreed to recommend a suspended jail sentence with
probation, although I have a felony drug trafficking charge on my record. Thankfully, though,
Lewellen pulled through. That didn’t stop him from suing me, though. We settled, but I had to
deal with a bunch of lawyers, and they even made me take a deposition (although I don’t
remember much of the deposition because I was definitely stoned the whole time). It was a time
I wouldn’t wish on my worst enemy.
Before I was arrested, I sold P.E.D.s to more GCHS athletes than I can count. This list
includes Jamie Kyser. I remember meeting him/her his/her freshman year. S/he couldn’t have
weighed more than a buck and a half, but s/he was obsessed with the idea of being a big time
basketball player. Someone must have told him/her that I could hook him/her up with some of
my ‘‘product.’’ I told Jamie that I had plenty of substances that could help him/her add weight,
stamina, etc. I don’t quite remember what I sold him/her. Maybe some human growth hormone,
maybe something else. I’ll admit that I would sometimes just take baking powder and put it in a
bag and sell it as ‘‘Powdered HGH.’’ I’d tell my customers to just put it in a bottle of water,
shake it up, and drink it down. They didn’t know the difference, and what with the placebo effect
and all, I’m sure it had a positive impact. Selling baking powder certainly had a positive impact
on my bank account. I might have sold Jaime some of my baking powder --- it might have been
all baking powder but I don’t remember to be honest --- it was so long ago.
I do remember that Jamie stopped buying from me after the beginning of his/her
sophomore year. S/he told me she didn’t want to buy anymore because s/he had made all the
‘‘gains’’ s/he needed to make the basketball team, and s/he didn’t see the need to take anymore
unnecessary risks.’’ To be honest with you, I think s/he must have found out I was padding the
margins by selling him/her powder and decided to not make a stink out of it. I am sure s/he just
found another dealer because s/he just kept getting bigger, stronger, and faster over the next few
years, although none of my dealer-friends said anything to me about selling to her/him, and we
are usually pretty in-the-loop about each-other’s clients.
____________________________________
CAMERON FIELDS STATE OF CONTINENTAL
COUNTY OF _______________
Before me, the undersigned Notary Public, did personally appear CAMERON FIELDS who
states to me that Ss/HE is aware of the contents of the foregoing Affidavit, and that S/HE did execute it
voluntarily.
SWORN TO and SUBSCRIBED before me on this the ___ day of __________, 2015.
______________________________
NOTARY PUBLIC
SCHOOL SOCIALIZATION:
The effects of comments inferring drug abuse among high school students.
By: Taylor Welch, M.D., Psychiatrist
The teenage years can be difficult for any child. Additional problems and pressures can
arise, however, as high school students begin to experience thoughts and feelings
regarding experimentation with illicit drugs. Students begin to experiment in various
behaviors. Part of the experimentation process is the sharing of information with friends
and peers. Through this process, students work through their feelings, gather information
and find the answers to questions about drug use.
An unfortunate aspect of this discovery process concerns the sharing of information
outside immediate peer groups. While some high school students can trust friends and
peers with their confidences, and recognize that many of the conversations are part of the
learning and growing process. Other students use the information as a tool to socialize
with yet other students.
Over the past ten years (31) high school students have been examined for symptoms
related to events at schools where other students made inappropriate comments inferring
drug abuse. Of the (31) students, (27) appeared to suffer from mild depression symptoms.
These symptoms included loss of appetite, weight loss, and withdrawn. Of the (27)
students who suffered from mild depression symptoms, (9) students appeared to have
returned to normal function activity after approximately three months of treatment. This
included no medication. Of the remaining (18), students, medication was begun in low
dosages. Four of the students improved after six months. Of the remaining (14) students,
after one year of treatment, including increased medication, an additional (6) students
appeared to have recovered. Two students were unable to return to full functioning level
at their existing schools and moved to new schools. This examiner has no further
information about those students. The remaining (8) students still appear to suffer from
mild depressive symptoms throughout their entire high school experience. They appear
to only be able to recover from the depression after they had left their high school peer
groups and moved onto college and work peer groups.
TAYLOR WELCH. M.D.
Psychiatry
1000 Skate Street
Gower County, Continental
PSYCHIATRIC ASSESSMENT & REPORT
Name: Jamie Kyser
Sex: Fe/male
Age: 16
DOB: September 12, 1999
Marital Status: Single
Examiner: Taylor Welch, M.D.
Date of Exam: August 1, 2015
HISTORY & OBSERVATIONS:
Jamie Kyser is a sixteen year old high school student who was evaluated at the examiner’s
outpatient office on 8/1/15. Jamie Kyser was well groomed and well nourished and dressed
neatly during the interview. Kyser was oriented to time and place, and understood s/he was being
referred for evaluation of depressive symptoms.
Kyser reported that s/he generally had been a good student at Gower County High School.
An anonymous social network member posted a comment on the GCHS FriendBook page
suggesting that Kyser was using performance enhancing drugs to enhance her ability to play
basketball.
This rumor quickly spread around the school because, according to Kyser, most of her/his
classmates were members of FriendBook., and s/he began experiencing negative comments about
the rumor immediately after It was posted to the website. .
Kyser was asked to explain how all of this made him/her feel. Kyser stated that s/he had
withdrawn from all activities. S/he formally went and did things with friends at the mall, went
to the movies, and visited at other friends homes. Following the incident, other students no
longer wished to do anything with Kyser. In addition, Kyser learned that the parents of other
students no longer wished for Kyser to come to their homes, or to join the basketball team. As
a result, Kyser has essentially retreated into his/her bedroom and become antisocial. S/he has
difficulty sleeping, has suffered loss of appetite and has difficulty making it through the school
day. S/he no longer wishes to attend school, and has in fact asked his/her parents to move to
another city so that Kyser can attend another school.
PREVIOUS TREATMENT HISTORY:
When asked about previous treatment by mental health professionals, Kyser indicated
that s/he had no prior history. This visit was the first visit to any mental health professional.
PHYSICAL HISTORY:
Kyser reports that s/he is in good physical health. S/he appears to be of normal height
and weight for a teenager. Kyser admits, however, that s/he has suffered a weight loss of 10-15
pounds in the last few months, due to all of the activities surrounding the incident at school.
ASSESSMENT & RESULTS:
Jamie Kyser appears to be suffering from mild depression. The onset of the depression
appears to be an incident at school where other students made comments about Kyser. The effect
of these comments on Kyser, as well as knowledge that other students also heard or repeated
similar information, has caused Kyser to retreat from otherwise normal social activities for
Kyser’s age and social status. After reviewing all of the information, it is the examiners opinion
that the cause Jamie Kyser’s depression is the conduct and comments instigated by Hunter
Sullivan.
___________________________
TAYLOR WELCH, M.D.
Psychiatrist
GOWER COUNTY HIGH SCHOOL
SCHOOL CONDUCT POLICY
Gower County High School prepares students for success in college and the world. Much
of the success rest upon the students ability to accept responsibility for his or her own life, and
to meet the demands of an adult environment. As a result, the Gower County Board of Education
has instituted certain policies on conduct and discipline. These polices have been outlined below:
I. Maximum of (3) days out of school suspension.
1. No students shall engage in any active deception, falsification, plagiarism or
cheating.
2. No tobacco products, matches or lighters are permitted.
3. Use of prescription medication prescribed for another student.
4. The use of abuse, harassing, profane, obscene, threatening, disrespectful,
demeaning, degrading, or defamatory language or behavior.
II. Maximum of (5) out of school suspension.
1. Attending any school function under the use of alcohol.
2. Attending any school function under the use of intoxicants, such as glue, solvents
or other paraphernalia.
3. Attending any school function under the influence of illegal drugs.
III. Expulsion.
1. Violation of criminal statute or ordinance.
2. Pulling fire alarms or tampering with security system.
3. Theft of others property.
GOWER COUNTY SCHOOL BOARD ASSOCIATION FINAL DETERMINATION
BE IT RESOLVED that the Gower County School Board Association after having duly
considered all facts, evidence, and testimony in the matter of the suspension of HUNTER
SULLIVAN and after giving HUNTER SULLIVAN an opportunity to appear and defend
him/herself with counsel present, if applicable, has determined by a vote of three members to
two members that HUNTER SULLIVAN is to be suspended from Gower County High School
for a period of one day effective immediately for violation of the Gower County School Board
Association’s School Conduct Policy.
DONE this the 15th day of February, 2015.
______________________________
President
______________________________
Secretary
______________________________
Principal
DEPOSITION EXERPTS
May 8, 2015
Deposition of Cameron Fields
Holden v. Fields, No. 2:12-cv-8673209 (AKK)
Edmund Cole Cameron Fields
Plaintiff’s Counsel Deponent
Russell Knox Also Present
Defense Counsel Roland H. Gunner, Videographer
Mr. Cole: Usual stipulations?
Mr. Knox: Yeah yeah --- read and sign.
(The Deponent is Sworn)
Mr. Cole: Can you state your name for the record?
The Deponent: Cameron . . . Cameron Fields.
Q. Mr. Fields, my name is Edmund Cole and I represent Llewellen Holden. I’m here
to ask you some questions. have you ever taken a deposition?
A. No, sir.
Q. Let me tell you a little bit about what we will be doing today, then. I am going to
ask you some questions, and you are going to answer them. You just took an oath,
so it’s just like we are in trial, just like we are, like we are in front of the court ---
in front of the Judge. Sometimes I don’t ask the best questions, so if you don’t
understand what I’m asking, stop me and tell me that you don’t understand ok?
A. Ok
Q. This gentleman in the corner is writing down everything we say, so you have to
say ‘‘yes’’ or ‘‘no’’ when I ask you a question --- you can’t just nod your head.
Does that make sense?
A. (Deponent nods affirmatively)
Mr. Knox. You have to say yes or no.
The Deponent. Sorry sorry. Yes. I understand.
Q. Have you taken any drugs or medication that would make it unable for you to
answer my questions truthfully?
A. No, I don’t think so.
Q. Do you have a condition that would make it impossible for you to answer my
questions accurately?
A. Definitely that’s a no.
Q. Is there any reason whatsoever that you cannot, today, answer my questions
truthfully.
A. No.
. . . . . . . .
Q. Now you don’t dispute that you dealt drugs, correct?
Mr. Knox. Object to the form. You can answer.
A. I sold drugs.
Q. And you don’t dispute that you sold P.E.D.s correct?
Mr. Knox. Object to the form, asked and answered. Ed. We’ve ploughed this ground. I don’t
understand why we keep circling
(Cross talk)
Mr. Knox Don’t answer Cam.
Mr. Cole. Are you aware of Rule 30?
Mr. Knox Off the record
Mr. Cole No --- we are staying on. Are you acquainted with Rule 30?
Mr. Knox I’ve been doing this for 25 years Ed.
Mr. Cole No --- are you instructing your witness not to answer?
Mr. Knox I’m not a potted plant Ed.
Mr. Cole Are you instructing your witness not to answer?
(Cross Talk)
Mr. Cole I’m going to have to take this up.
Q. You did sell drugs, correct?
Mr. Knox Object to the form. Go ahead and answer.
A. Yes. I sold drugs.
Q. And do you remember who you sold these drugs to?
A. No, I don’t remember. I just sold a lot, but I couldn’t tell you who bought them.
Q. Let’s start with the abstract, then maybe get more detailed. Did you sell drugs to
members of the football team?
A. Yes.
Q. And how about the tennis team?
A. Definitely the tennis team.
Q. The basketball team?
A. Not so much the basketball team, they were pretty clean.
Q. Varsity bowling?
A. Absolutely.
Q. So would it be fair to say that you sold drugs to most every G.C.H.S. team but
the basketball team?
A. I guess it’d be fair to say that. It wasn’t like I didn’t ever sell to basketball players
. . . I might have sold to a few seniors here or there, the ones with nothing to
lose. But I remember that other teams were more interested in getting a boost.
. . . . . .
END OF DEPOSITION
CONTINENTAL CYBER-INVESTIGATION UNIT, LLC
Standard Social Media Transcript Report
SOURCE: www.friendbook.com/gchsgowarewolves/2340-^%1346()%%9
Ref. Date: 2/4/2015
BEGIN FORENSIC COPY (Text Only Version)
----------------------------------------
GOWER COUNTY HIGH SCHOOL
Official Page Go Werewolves!
Admin Post (10:25 a.m. / Headballcoach): Tonight at 6:30 the
men’s/women’s basketball team takes on the Mainsail Fighting
Donkeys! We need a packed out house, so make sure you arrive
early so that we can give them something to bray about!
(Tickets Available at the Door).
Comments (10:26 a.m. / Anton McCarthy): Wouldn’t miss it!
(10:28 a.m. / Anna Moss): How much are tickets again?
(10:30 a.m. / Headballcoach): $10 at the door. See you
there!
(10:41 a.m. / Taylor Adams): Wohoo!!! I love basketball!
(10:46 a.m. / Martha Kathryn): Gonna make ‘em say
BRAAAAAAY! Lolz. Go Wolves AWHOOOOOOOOOO!!!!
(10:47 a.m. / Anonymous): “Cat’s out of the bag! If
there was ever any doubt why Basketball Star Jamie Kyser
became an overnight basketball star, it will be gone soon –
I have definitive proof that s/he regularly dopes up. For
those of you who aren’t into the parlance of our times, that
means that s/he is a regular user of performance enhancing
drugs. S/he would fit right in with about half of the Russian
Olympic Team!”
(10:48 a.m. / Martha Kathryn): Dude. Totes not cool. What a
trog.
GCHS I.T. Dept. Library Computer Login Records for 2/1/2015 – 2/5/2016
Computer I.D. MAC133294
2/1/2015
PKSAMSOM – 9:06
JHLARSON – 10:56
AAGONZALEZ – 13:21
LPATTERSON – 14:45
PQDAVIS – 14:50
2/2/2015
DDMEYERS – 8:45
ARRUSSELL – 9:56
WZEVON – 12:01
HSULLIVAN – 14:01
2/3/2015
STADAMS – 9:50
RHMCGAUGHEY – 10:00
SWCARROLL – 13:06
AVOSS – 14:02
DRICHARDS – 14:45
KMICHAELS – 15:04
2/4/2015
MLHENDERSEN – 8:45
WWWEATHERFORD – 9:50
MKBECK – 10:06
STADAMS – 10:30
HSULLIVAN – 10:40
GFLAKE – 11:45
KTHOMPSON – 14:09
END OF CASE MATERIAL
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