GRAYIROBINSON ATTORNEYS AT LAW John A. Boudet Chair - Complex Litigation 301 EAST PINE STREET SUITE 1400 POST OFFICE Box 3068 (328023068) ORLANDO, FLORIDA 32801 TEL 407-843-8880 FAX 407?244?5690 BOCA RATON FORT LAUDERDALE GAINESVILLE KEY WEST LAKELAND MELBOURNE 407-244?5619 MIAMI NAPLES ORLANDO November 20, 2015 TAMPA VIA E-MAIL Mr. David Vigilante Mr. Jeff Zucker Senior Associate General Counsel CNN Turner Broadcasting System, Inc. One CNN Center 10 Columbus Circle Atlanta, Georgia 30303 New York, New York 10019 jeff.zucker@turner.com david.vigilante@tumer.com Re: ameis Winston and The Hunting Ground Dear Mr. Vigilante and Mr. Zucker: This law ?rm represents Mr. Jameis Winston. We are writing to formally caution CNN that the portions of the ?lm ?The Hunting Ground? pertaining to Mr. Winston are false and defamatory to Mr. Winston.1 We urge CNN to reconsider the reckless decision to proceed with the broadcast of this deeply??awed documentary in the face of the overwhelming evidence that the ?lm?s producers consciously and intentionally failed to adhere to any accepted journalistic standards. The ?lmmakers? complete disregard for journalistic standards of fairness, objectivity and accuracy has, predictably, resulted in a ?lm that, at least with respect to Mr. Winston, is inaccurate, false, misleading and defamatory. While we understand the seriousness of the issue that this ?lm seeks to illuminate, that worthy goal provides no excuse, legally or morally, for CNN to falsely and maliciously destroy Mr. Winston?s reputation in the service of some larger objective. We believe that CNN has actual knowledge that the ?lm is replete with factual errors and factual assertions that have been deliberately presented in a way that is designed to mislead viewers and to paint Mr. Winston in a false, negative and defamatory light. The ?lm manipulates, misstates or simply omits facts to present a false narrative. The glaring inconsistencies between Ms. Kinsman?s allegations in the ?lm and the extensive forensic evidence developed by law enforcement are readily apparent to anyone who bothers to review the publicly?available investigative ?les. The ?lmmakers? decision to omit any reference to any of this abundant exculpatory evidence from this documentary the toxicology tests refuting Ms. Kinsman?s claims of being drugged or drunk; the medical examinations refuting Ms. 1 The version we viewed is currently available on iTunes, Amazon and Google Play. grayarobinson. com TALLAHASSEE GRAYROBINSON PROF ASSOCIATION November 20, 2015 Page 2 Kinsman?s claim to her friends that she suffered a violent blow to the head that rendered her unconscious; the multiple independent eyewitnesses refuting Ms. Kinsman?s assertion that she was incapacitated and incapable of giving consent, and much, much more? demonstrates a profound bias and a conscious disregard for the truth. We further believe that CNN has in its possession documents clearly demonstrating actual malice on the part of the producers toward Mr. Winston and a conscious disregard for the truth with respect to the allegations made against Mr. Winston by Ms. Kinsman. Our firm has recently come into possession of correspondence written by Amy Herdy, one of the film?s producers, to Patricia Crowell, an attorney representing Ms. Kinsman. CNN is undoubtedly aware of this correspondence as it has received considerable national media attention since coming to light earlier this week. (See, e. Copies of those emails are attached. In one email, dated December 21, 2013, Ms. Herdy candidly admits that ?We don?t operate the same way as journalists this ?lm project is very much in the corner of advocacy for victims, so there would be no need to get the perpetrator ?5 Side.? Frankly, it is difficult to imagine a more damning example of a conscious disregard for the truth than that statement. Indeed, without knowng any of the relevant facts, the ?lm?s producers had clearly pre? determined their narrative; referring to Mr. Winston as a ?perpetrator? whose side of the story was not even worthy of consideration. Another email from Ms. Herdy to Ms. Kinsman?s lawyer shows Ms. Herdy coordinating with Ms. Kinsman?s legal representative in an effort to unfairly confront Mr. Winston by surprise: ?I?m sure he will say no (to an interview) and then I want him to have a gap of a couple of weeks to get complacent because then we will ambush him.? We believe that these two documents are representative of a much larger body of evidence demonstrating the producers? conscious disregard of the truth. The fact that Mr. Winston is the only accused individual identi?ed by name is telling. CNN may have persuaded itself that Mr. Winston?s status as a public figure insulates your company from a libel judgment. If CNN decides to proceed with this broadcast, we will perhaps have the opportunity to test that legal proposition in a court of law. However, one would hope that a network that claims and aspires to be ?the most trusted name in news? would insist on journalistic standards not to mention standards of common decency and fairness somewhat higher than the absolute floor established by the law of defamation. Very truly yours, John A. Boudet \232469\2 - 9279749 vl ?na- I. Print Workspace Webmail Academy award nominated film team seeking interview A Hardy [aiherdy@hotmail,oomj Sent: 1112119013 1:44 PM To: Hello, Patricia, Viki 803E i'm an investigative producer working for Chain Camera Pictures, the filmmakers behind the groundbreaking documentary "The invisible War,? which has spurred legislation in Congress about the way sexual assaults are handled in the U.S. military: upi.com/Top 3/1 57611384932600? The documentary was the most awarded and critically acciaimed ?lm of 2012, winning the audience award at Sundance and receiving nomination this year for an Academy award. Here is the website for the film: It was screened at campuses all over the country, and many advocates approached the {timmakerg and Suggested they iool: into the issue of sexual assault on college campuses. SO that?s exactly what they're doing. This new film will examine in nuanced and empathetic ways the devastating toll these crimes take on students and their families, and explore practical measures that can be taken to stem their occurrence and better support survivors. One of the issues we have discovered is that college athletes are not held to the same standards ofjustice as others; And'one of the schools we are looking at is FSU. So as you can imagine, the iameis Winston case pretty much typifies what we have been hearing from advocates all over the country: "that school administrations focus on protecting their reputations, and their players, at the expense of the victim in the case. . 3, TKOEEUVJ CC amJ Print Workspace Wobmail Page 2 of 2 We have-interviewed many survivors at schools around the country who attempted to report and were rebuffed, or found the process to be excruciating. So we understand how appalling the process is. I?m sure you and the young woman in the FSU casein odestion are being besieged right now with interview requests. When the dust settles, we hope you wili consider ours. We do not Operate the same way as is a film project that is very much in the corner of advocacy for victims, so there .W We no insensitive questions or the need to get the perpetrator?s side. We would very much iil