FILED ORIGINAL USE ANDREA PDLITD and ANDREA DIST iClA DI IE . CLE . DALLAS ?11, TExgg asearv PDLITD IND, a. '11 Plaiatilfs. v. DALLAS COUNTY, *4 l'tiEEL'lt'r and ANDREW Defendants. 134? JUDICIAL DIST JURY CHARGE LADIES AND GENTLEMEN UP THE JURY: After the clesing arguments, yea will ge te the jury teem te decide the ease, answer the questiens that are included in this Jury Charge, and reach a verdict. Yeu may discuss the case with ether jurers enly when yea are all tegether in the jury reern. Remember my previeus instructiens: De net discuss the ease with anyene-eISe, either in pereett er by any ether means. De net de any independent investigatien abetti- the case er cenduet any research. De net leek up any wards in dietienaIie's er en the Internet. De net pest inferrnatien abeut the case an the late-met. De net share any special knewledge er experiences with the etherjurers. De net use yeur phene er any ether electrenic device during year dcliberatiens fer any reasen. i have previeusly given yea a number where ethEIs may centact yea in case ef an emergency. Any netes yeu have taken are fer year ever pcrsenal use. ?r'eu may take year netes back inte thejury teem and censult them during deliberatiens. but de net shew er read yeur netes te yeur fellew jurers daring year deliberatiens. Tear netes are net evidence. Each ef yeu Sheuld rely en year independent ef the evidence and net be in?uenced by the fact that anetherjarer has er has net taken netes. ?fee must leave yeur netes with the baili?'when yea are net deliberating. The bailiff will give yeur netes te me after cellecting them frem yea. [will make sure year netes are kept in a safe, secure lecatien and net disclesed te anyene. A?er yea cemplete year deliberatiens, the bailiff will cellect year netes. When yea are released ?'em jury duty. the bailiff will destrey year netes 5e that nehedy can read what yea wrete. ay Qtres?nehs sale Pam: I Here are the instructions for answering the questions. 1. Do not let bias. prejudice, or sympathy play any part in your decision. 2. Base your answers only on the evidence admitted in Court and on the lav.r that is in these instructions and questions. Do not consider or discuss any evidence that was not admitted in the courtroom- 3. You are to make up your own minds about the facts. You are the solejudges of the credibility of the wimesscs and the weight to give their testimony. But on matters of law, you must follow all of my 4- It" my instructions use a word in a way that is different ?'orn its ordinary meaning, use the meaning I give you, which will be a proper legal de?nition. 5. All the questions and answers are important. No one should say that any question or answer is not important. 5. Answer ?yes" or ?no? to all questions unless you are told otherwise. A ?yes? answer must be based on a preponderance of the evidence unless you are told otherwise. Whenever a question requires an answer other than ?yes" or your answer must be based on a preponderance ofthe evidence. The term ?preponderance of the evidence" means the greater weight of credible evidence presented in this case. It" you do not ?nd that a preponderance of the evidence supports a ?yes? answer, then answer at. preponderance of the evidence is not measured by the number or by the number of documents admitted in evidence. For a fact to he proved by a preponderance ot'the evidence, you must find that the fact is more likely true than not true. T. Do not decide who you think should win before you answer the questions and then just answer the questions to match your decision. Answer each question carefully without considering who will win. Do not discuss or consider the effect your answers will have. 3. [to not answer questions by drawing straws or by any method of chance. 9- Some questions might ask you for a dollar amount. Do not agree in advance to decide on a dollar amount by adding up each jurot?s amount and then ?guring the average. it]. Do not trade your answers. For example do not say, will this question your way if'you answer another question my way.? INSTEUCIIGNS PAGE I ILUnless otherwise instrueted, the answers to the questions must be based on the decision of at least ll] ofthe 12 jurors. The same ltljurors must agree on every answer. De not agree to be bound by a vete ef anything less than 1t] jurers, even if it weuld be a majority. As I have said before, if you do not fellow these instnielions, you will be guilty of juror misoonduet, and might have to order a new trial and start this process over again. This would waste year time and the parties? men ey, and Would require the taxpayers et~ this eeunty to pay for another trial. It?a juror breaks any oi'tltese rules, tell that person to step and report it to me immediately. "Circumstantial Evidence" A feet may be established by direet evidence or by eireurnstantlal evidenee or both. A feet is established by direot when proved by documentary evidence or by witnesses 1who saw the not done or heard the words spoken. a Fact is established by evidence when it maybe fairly and reasonably inferred frern ether faets preved. ?Prosirnate cause" means a cause that was a substantial faster in bringing about an event, and witheut whieh eause sueh Event weuld net have in order te be a proximate cause, the set er emission complained ef must be sUeb that a person using the degree at" ears required of him would have fereseen that the event, or some similar event, might reasonably result therefrom. There may be more titan one proximate cause of an evenL hThe NBC Story" means the NBC Charmel 5 News broadcast and online story airing and published January 16, Bill 5. "Polite? means Plaintiff Andrea Polite individually. nseans Plaintiff Andrea Polite Fhetography, lee. .Il?t?e QuESTIurss .at'lb Insurer .?rr?ns PAIGE .3 Question Ha. I: Did Neely Moldovan or Andrew Moldovan knowingly publish a false regarding Polito or APP that was ?Publish" means intentionally or negligently to communicate the matter to a person other than Andrea Folito or Andrea Polite Photography who are capable ofunderstandirtg its meaning. You are instructed that, by republishing tlte NBC story, Neely Moldovan or Andrew Moldovan published the NBC story for the purposes of this de?nition. ?Defamatory? means an ordinary person would interpret the statement in a way that tends to injme a living personis reputation and thereby expose the tierson to public hatred, contempt or ridicule, or financial injury or to impeach the person?s honesty, integrity, virtue, or reputation. You are instructed that a statement can be defamatory if, as a whole and not merely individual statements contained in it, either by omitting material facts or suggestively juxtaposing facts in a misleading way, create a substantially false and defamatory impression- in deciding whether a statement is defamatory, you must construe the statement as a whole and in light of the surrounding circumstances based upon how a person of ordinary intelligence would perceive it. ?Knowingly" means Neely Moidoyan or Andrew Moldovan knew or should have known, in the exercise of ordinary care, that the statements they published, if any, were false and had the potential to be defamatory. ?Ordinary care" concerning the truth of statement and its potential to be defamatory means that degree of care that would be used by a person of ordinary prudence under the same or similar circumstances. ?False" means that a statement is not substantially true. A statement is ?substantially true" if it varies [from the literal truth in only minor details or if, in the mind of the ayerage person. the gist of the statement is no more damaging to the person affected by it than a literally true statement would have been. Answer ?Yes" or ?bio" for each Defendant. Arising Polite APP Neely Moldovan i? Lfa. .. Andrew Moldovan Ye. i Jury Qt: F?l'l?'ii? nun [naTItL'mDo'S PAGE rl. Questmn Ha, I: Did Neely hieldevan er Hindi-cw disparage the business ef st. persun disparages the business at" another if he at she publishes a disparaging false statement ahcut the business, and, when he publishes the statement, he haunts the Falsitjr efthe statement ar acts with reckless disregard efwhether the statement is falser'acts with ill will er intends ta interfere with the ecencmic interest cf APP, and his publication cf the statement played a. substantiai part in inducing net he do business with APP and resulted in a speci?c pecuniary less tn APP. A statement is ?published? if it is intenticnally? eummunieated ta 5. persen cuter than APP is capable af understanding its meaning. 1r'nu are instructed that, by republishing the NBC slurs, Neely Meldcvan er ?ndrew h-lclduvan pubiishcd the NBC start.P far the purpcses cf this de?niticn, Answer ?Yes" cr ?He? fer cash Answer Neel}r Muldcuan Ye- t, Andrew Mulder-an i? AND PAGE 5 Ifyou answered I?lies? to any part of lQuestion bio- i, then answer the following question. Otherwise. do not answer the following question. Question No. 3: What sum of money, ifpajd now incash. would fairly and reasonably compensate Polito or APP for its actual pecuniary loss, if any. that was. prosimately caused by the defamatory statements as found by you in Question No. 1? Consider the elements of damages listed below and none other. Consider each element separately. Do not award any sum of money on any element if you have otherwise, under some other element. awarded a sum of money for the same loss. That is, do not compensate tit-rice for the same loss, if any. Do not include interest on any amount of damages you find. Do not include in your answer any amount that you ?nd Polite or APP could have avoided by the exercise of reasonable care. in answering questions abouL damages, answer each question separately. Do not increase or rcduee the amount in one answer beeause of your answer to any other question about damages. Do not speculate about what any parties ultimate teeny-ery may or may not be- Any recoyery will be determined by the court when it applies the law to your answers at the time of judgement. Answer separateiy in dollars and cents for damages, if any. 1. Injury to the reputation of Folito sustained in the past. Answer: s?ifg ?rth? (is! 2. injury to the reputation of APP sustained in the past. Answer: 93 ?t til-GD 1' 3. injury to reputation that, in reasonable probability, Polite will sustain in the future- Answer:$ 51f} 4. Injury to the reputation that. in reasonable probability, APP will sustain in the future Answerzi 0915'. 15's: 5. Pulito?s mental anguish sustained in the past. Jt'nr urn Itss'rnuonuss Psos ti Anamr: 5 5 Egg Hg.- 15. Pulito?s mental anguish that, in reasnnable pmbabilitjr, Pulitn will sustain in Iltc future. Answerz$ 1511:? last pmfits suatained in the past that were a natural, pmhable, and consequtncc ana-cly Mulch: van at Andrew statement. Ansuar? 31:; E. last pro-?ts that, in reasonable probability. APP 1will sustain in tha- Future. Answer? fire}. {Uzi (Ira! JL'a'a Qt; mu PAGE. If you answered *?Et'es?1 to any part of?uestion No. 2, then answer the Following question. Otherwise, do not answer the following question. Question No. 4: What sum of money, if paid now in cash, would fairly and reasonably compensate APP its monetary loss, if any, that was proximately caused by the diapataging statements as found by you in Question No. Consider the elements of damages listed below and none other. Consider each element separately. Do no award any sum of money on any element it' you have otherwise, antler some other element, awarded a sum of money for the same loss. That is, do not compensate tntiee for the same loss. if any. Do not include Internet on any amount of damage you find. Answer separately in doElars and eents for damages, il? any. Monetary toss sustained in the past. Answer: a 2. Monetary loss that, in reasonable probability, will be sustained in the future. Answer: .HJ R?r' AND PAGE 3 if you unanimously answered ?Yes? to any part of Question No, i For Neely Moldovan or Andrew Moldovan, then answer The following question to Neel Moldovan or Andrew Moldovan. Dtherwise, do not answer the following question. To answer ?Yes? to an art of the followin uestion, our answer must be unanimous. t] 1for: may answer ?No? to any part of the following question only upon a vote of ten or more jurors- {Mom'iaet you must not answer to any part ofthe following question. Question Hg. Do you ?nd by clear and convincing evidence that the harm to Polite or APP from Neely Moldovan or ?ndrew Moldovan statements resulted ??om malice? ?Clear and convincing evidence? means the measure or degree of proof that produces a firm belief or conviction ofthc truth of the allegations sought to be established. ?Malice? means a specific intent by Neely Moldovan or Andrew Moldovan to cause substantial injury or harm to APP or Poiito. ?Tics? or ?No? for each. Polite APP Neely Moldovan Vii s. Andrew Moldovan 717:1." A. Veg Jens Questions mo lnmuonoaa Pam: a Answer the following question regarding Neely Moldovan or Andrew Moldovan only if you unanimously answered ?lites"1 to Question 5. Otherwise, do not answer the following question. You must unanimously agree on the amount of any award of exemplary damages. ?u es?on No. ti: What sum of money, if any, if paid now in cash, should be assessed against Neely Moldovan or Andrew Moldovan and awarded to Polito or APP as exemplary damages, if any, for the conduct found in response to Question Ho. ?Exemplaly damages? means an amount that you may in your discretion award as a penalty or by way of punishment. Factors to consider in awarding exemplary damages, il?any, are: 1. The nature of the wrong. 2. The eharaeter of the conduct 3. The degree ol?ealpahility of Ih'Noel Moldovan or Andrew Moldovan. 4- The situation and sensibilities of the parties eoneemed. 5. The extent to whieh such eondnet offends a public sense ofjustiee and propriety. ti- The net worth of Neely Moldovan or Andrew Moldovan- Answer in dollars and cents, if any. Neely Moldovan Andrew Moldovan Politt'l :3 nit-3:? $35 gag LE: Jnhy QunsTl?ns Men APP ion do 3 Psos 1n It' you unarumously answered r""r'es" to any part of Question 1 For Neely Moldovan or Andrew Moldovan. then answer the following question for Neely Moldovan or Andrew Moldovan. Either-vise, do not answer the following question. To answer ?Yes? to any part of the tollou-"ing question, your answer must he unanimous- You may answer ?No? to any part of the following question only upon a vote of ten or more jurors. you must not answer to any part of the following question. Question Eu. 7: Do you ?nd by clear and convincing eyidence that the harm to APP from the climr'agement resulted from malice? ?Clear and convincing evidence? means the measure or degree of proof Iliat produces a firm heliet?or conviction of the truth of the allegations sought to he estabiished. ?Malice? mesm a speci?c intent by Neely Moldovan or Andrew Moldovan to cause substantial injury or harm to APPM Answer ?Yes" or ?No? for each. Neely Moicioyan . Andrew Moidouan E. Juny Qussnows Psoe tl Anson-r the Following question regarding Neely Moldovan or Andrew Moldovan only if you Unanimously ?Yes" to Question 7. ??temise, do not answer the following question. You must unanimously agree on the amount of any award of exemplary damages. Question No. 8: What sum of money, if any, if paid now in cash. should be assessed against Neely Moldovan or Andrew Moldovan and awarded to APP as exemplary damages, if any, lot the conduct found by you in response to Question Ho. "Exemplary damages" means an amount that you may in your discretion award as a penalty or by way of punishrn eat. Faetors to consider in awarding exemplary damages, if any, are: 1. The nature of the wrong. 2. The character of the conduct involved. 3. The degree ofoulpebility of the Defendants. 4. The situation and sensibilities of the parties concerned. 5. The extent to which such conduct offends a public sense of ustiee and propriety ii. Net worth of Noel Moldovan or Andrew Moldovan. Answer in dollars and cents. if any. APP Neely Moldovan 5 5' tile-?1? 53?" Andrew Moldovan 2; ?ag 3i.? AND PAGE 11 If yea answered "Yes" ta any part at" Questien Has. or 2, then answer the fallnwing queatinn. Uthent?lee, {10 net answer the question. Question Na. 9: Were Neely or Andrew a part sf 3 ennspiraey that damaged Pulitn Dr For the persuns belnw ta be part nf a ennspiraey, he at: she and annther persnn n: persans must have had at", agreed tn. and intended a ebjeetive a: course nt' action that resulted in the damages tn Petite and APP. {line or mere persens ale-awed in the conspiracy must have perfumed some aet er aets tn further the ennspiraey. Answer ?Yes" nr De le11clant demure: Neely All l. Andrew QUIETIDNS PAGE Presiding Itt'lJ r: 1. When yen get inte the jury seem in answer the nnestinnal the ?rst thing yen will need in de is cheese a presidingjurer. 2- The presiding jurer has these duties: a. havethe cemplete charge read aleud if it will be helpful te yenr deliberations; h. preside ever yeur deliheratiens. meaning manage the discassiens, and see that yeu Fellew these c. give written qnestiens er cermnents tn the haili??wha will give them tn the judge; d. write dewn the answers yen agree en; e. get the signatures fer the verdict certi?cate; and f. netit?y the hailit?t? that yen have reached a verdict- De yen understand the duties ef the If'ynu de not, please tell me new. Instructions Signing the Verdict Certi?cate: 1. Yen may answer the questiens en a vnte et' lit jurers. The same l?jurets must agree en every answer in the charge. This means yen may net have ene green at lit jnrers agree en cne answer and a different green at" ltijurers agree en anether answer. 2. If l?jurers agree en every answer. these lti jurers sign the verdict. It~ ll jurnrs agree en ever}.r answer. these I 1 jutnrs sign the verdict. If all 12 cf yen agree en every answer, yen are nnanimeus end eel}r the presiding jnrer signs the verdict. 3. Mijurers sheuld deliberate en every questinn. 'r'eu may end up with all 12 cf yeu agreeing en seme answers, while enly 10 ct ll efyeu agree en ether answers. But when yen sign the verdict, enly these It} er 1 I whe agree en every answer will sign the verdict. 4. There are seme special het?ere Questiens 4. 5, and i' explaining hew In answer these questiens. Please fellew the instinctiens. If all twelve et" yeu answer these questiens, yen will need te cemplete a secend verdict certi?cate far these questiens. -. De yen understand these instinctiens'? If ye {11:Esl'lnna Instant?nuns Parts Id Verdiet Certi?cate Cheek ene: Uur verdict is unenimeue. A11 12 of us have agreed te end ever}.r answer. The preeidingjurer hae Signed the certi?cate fer 12 lotus. Signature ufPresiding lir?r Printed Name of Presiding .lurdr ?ur- verdict is net unanimeus. Eleven df us have agreed to each and ever}:r answer /Hd have signed the ee?i?eete trelew. Our verdict is net unenimeus. Ten at US have agreed tn each and answer and have signed the certi?cate heluw. 5 PRINTED Jeri, gauge. 5 meet: e. eewm ?ue? A. lewd-M LE 61 were he (we; let: @ijm 1231612 rue-m theme EMES 1?er see Jtier?ileerln?s Md her. 15 If you have answered Questiuns LL 5, 15, ea- then you must Sign this certi?cate also. Additiu Hal Certi?ea II: I eenify that was unanimeua in answering the failmving queatiens er parts (If questions. marked ?yes". All twelve at" us agreed te- eaeh nf'the answers. The presiding juror has signed the certi?cate fer all twelve ef I15. Answer i"yea" ?no" for each of the fellawing. .5 . Questien He. 7' Va Questien Na. 4 Questiun He. 5 a Question Her. 6 ?Tasha. A?'s'f'far Si atare ai' Presiding Jarer Printed Name ai' Presiding Juror Jena Qemmas arm mmunmas PAGE la