CAUSE NO. _____ _

DR. RICHARD MALOUF

Plaintiff,

V.

MARY CANDACE EVANS, LAURA C. WILSON, BELO CORPORATION, WFAA-TV, INC., AND BYRON HARRIS

Defendants.

§ § § § § § § § § § §

IN THE DALLAS COUNTY

COURT AT LAW NO.

OF DALLAS COUNTY, TEXAS

AFFIDAV IT OF DR. RICHARD MALOUF

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

BEFORE ME, the undersigned Notary Public, on this day personally appeared Dr. Richard Malouf, who, being by me duly sworn upon his oath deposed and stated the following:

1. "My name is Richard John Malouf, DDS, I am over the age of twenty-one (21)

years, have never been convicted of a felony or a crime involving moral turpitude, and am fully

competent to testify in all respects. I have personal knowledge of all facts set forth herein, and

they are all true and coiTect.

2. I am personally familiar with ce1iain events, communications, and publications

attached to this Affidavit and Plaintiff's Original Petition, Application for Temporary Restraining

Order, Application for Injunctive Relief and Request for Disclosure (the "Petition"). I am also

intimately familiar with my home, the real prope1iy located at 10711 Strait Lane, Dallas, Texas

75229. I have reviewed relevant miicles, publications, broadcasts, and copies of documents and

communications that are relevant to this matter. As a result of my personal involvement in these

AFFIDAVIT OF DR. RICHARD MALOUF PAGE 1 OF8

matters and my familiarity with the events, communications, and publications relating to this

matter, I have personal knowledge of the facts stated in this affidavit.

3. I have been licensed as a doctor of dental surgery in the State of Texas by the

Texas State Board of Dental Examiners since June 25, 1990. I have practiced dentistry in the

State of Texas for over twenty (20) years.

4. I own and reside at the real propetiy located at 10711 Strait Lane, Dallas, Texas

75229 (the "Residence"). I have lived at the Residence for over four (4) years. My neighbors

Robert Wilson and Laura Wilson reside at 10621 Strait Lane directly adjacent from the

Residence. I have lived in Dallas, Texas for over ten (1 0) years. Over those ten (1 0) plus years, I

have acquired close personal relationships with members of the Dallas/Fort Wmih community.

5. In April of 2009, I purchased the Residence. In detennining whether or not to

purchase the Residence, one of the key factors my wife and I considered was privacy. The

significant amount of ptivacy, seclusion, and solitude afforded by the Residence was central to

my decision in purchasing the Residence. The Residence possesses a large privacy fence

approximately ten (1 0) feet tall, which smTounds the outside boundary lines of the Residence

(the "Ptivacy Fence"). The Residence also has two (2) large, steel gates guarding the entrance to

the property. I reasonably believed that the size and height of the Privacy F ence would provide

extensive privacy fi·om unwelcomed third parties. Further, I believed that the many trees

surrounding the backyard would provide for a secluded area. The Privacy Fence, gates, and trees

are meant to ensure my privacy and the privacy of my family and friends.

6. Beginning in the spring of 2011, Byron Hanis ("Harris") and WFAA-TV, Inc.

("WFAA") began broadcasting television repotis related to alleged Medicaid fraud in the State of

Texas. Around the same time period, I physically observed Mary Candace Evans ("Candy")

AFFIDAVIT OF DR. RICHARD MALOUF PAGE20F8

around the Residence on a frequent basis. In conjunction with my initial observations of Candy's

loitering presence around the Residence, I learned of and then viewed articles, images, blog

entries and comments (in response to Candy's articles and photographs) on the websites

www.candysdirt.com ("Candy's Dirt") and www.secondshelters.com ("Second Shelters").

7. Candy usually loiters around the Residence entrance gates capturing images of

the house and other improvements on the prope1iy. Over the course of the last two (2) years, I

have personally witnessed Candy on the grounds of the Residence. Neither myself, my wife, nor

my Residence staff have ever invited, welcomed, or given Candy permission to enter onto the

Residence grounds or approach me, my family, invited guests, employees, or Residence staff.

8. Approximately two years earlier, my wife and I hosted a private event where my

family and invited friends privately celebrated the birthday of our minor daughter in the

Residence front yard. Unbeknownst to me, Candy was passing by on Strait Lane during the

private birthday celebration. Without asking my wife or me, Candy entered onto the grounds of

the Residence and made her way toward the tent where my minor daughter was celebrating her

birthday.

9. Candy approached my daughter and began an impromptu interview of her.

Immediately upon witnessing Candy under the bitihday tent interrogating my daughter, a family

friend approached Candy. Said family friend confronted Candy and politely requested that

Candy remove herself from the private celebration and the Residence.

I 0. Immediately following the above incident, I spoke with my children and asked

them what, if anything, Candy had questioned them about. From my children's responses, it is

my understanding that Candy intended to acquire private information regarding my family, my

guests, the celebration, and the Residence.

AFFIDAVIT OF DR. RICHARD MALOUF PAGE 3 OF8

11. On or around August 19, 2012, I learned of Candy's trespass upon the grounds of

the Residence. After examining Candy's August 20, 2012, article titled "Water Park Slides Have

Arrived at the Malouf Manse on Strait Lane & World Now Knows We are Serious About

Medicaid Dental Fraud in Texas" and the photographic images included therewith, I concluded

that Candy would not have been able to capture the images of the Residence and backyard

equipment without physically entering onto the grounds of the Residence.1 Specifically, her

photograph of the driveway and backyard equipment required Candy to be inside of the Privacy

Fence.

12. On or around August 22, 2012, I called the Dallas Police Depmiment, informed

them of Candy's unlawful trespass, and filed a criminal report (the "Police Report"). The filing

of the Police Report was intended to communicate to Candy and others that entering onto the

grounds of my Residence without my consent or my wife's consent was unlawful and should

cease immediately.

13. Upon infonnation and belief, on or around August 26, 2012, Candy met with my

neighbor Laura C. Wilson ("Wilson") at Wilson's home located at 10621 Strait Lane, Dallas,

Texas 75229. Upon infonnation and belief, Wilson allowed Candy to climb atop of Wilson's

roof to gain a vantage point from which Candy could capture images of my Residence and

backyard. Upon further information and belief, Candy captured images of the Residence and

ongoing construction fiom atop Wilson's home.

14. On or around July 12, 2012, Candy, HarTis, and WFAA crews positioned

themselves directly outside of my Residence on Strait Lane. Hanis, Candy and WFAA crews

loitered there for several hours and took video footage of me, my wife, the Residence, ongoing

1 See Exhibit "B" attached to the Petition.

AFFIDA V!T OF DR. RICHARD MALOUF PAGE40F8

construction and our personal property. Harris and WF AA crews also attempted to interrogate

employees and my independent contractors as they traveled in and out of the Residence.

15. Upon information and belief Candy elicited assistance and information from my

former house manager, David Kinney ("Mr. Kinney"), in an effort to obtain private images from

within my home. Mr. Kinney installed a wireless camera in my wife's closet without obtaining

pennission from me or my wife. Had I not learned of the wireless camera placed inside my

wife's closet from Residence staff members, I would never have known that Mr. Kinney placed it

there, as the location of the wireless camera was hidden from view by insulation. Upon

infonnation and belief, Candy approached Mr. Kinney and propositioned him to plant the

wireless camera inside my wife's closet.

16. Upon infonnation and belief Candy attempted to bribe my civil engineer in order

to obtain infonnation related to the Residence and the personal and private affairs of my family

and me. Upon infonnation and belief, when my civil engineer declined Candy's bribe, Candy

approached sub-contractors and individual construction workers with similar offers. Candy's

continued attempts to elicit private infonnation regarding my Residence and my family are

highly offensive to me and my family, as such attempts would be to any reasonable person.

17. Candy has published multiple pictures and blue prints of the Residence online.

Her continuous attempts to spy upon me and my family, her ceaseless photographs, and constant

postings of the Residence have caused me to question the safety of my family. Candy's actions

have led me to believe that my safety and my family's safety may be in danger. Further, Candy's

actions as described above have invaded my privacy, seclusion and solitude.

18. On or around October 2, 2012, Candy, Harris, and WFAA lingered outside my

Residence waiting for me, my wife, Resident staff members, or construction workers to exit the

AFFIDA V!T OF DR. RICHARD MALOUF PAGE 50F8

property. Once outside the Privacy Fence of the Residence, Harris and WF AA attempted to

obtain images of persons and information concerning, myself, my family, or the Residence.

Additionally, Harris, Candy, and WFAA crews spied upon my family and me, by peering into the

Residence backyard, with the help of high-powered lenses and my neighbor, Defendant Wilson.

Upon infonnation and belief, without the assistance of Wilson, who invited WFAA, Harris, and

Candy to obtain video footage of the secluded backyard of the Residence, Harris, WFAA, and

Candy would have been unable to intrude into the seclusion and solitude of my home and private

affairs. Due to the hidden nature of the Residence backyard, WFAA has gone to the extreme

lengths of utilizing its helicopter to capture aerial video images of the backyard. I have observed

the WFAA helicopter above my home capturing images of my Residence with high powered

lenses on several occasions over the last year.

19. On October 12, 2012, Harris and WFAA news crews stormed the Dallas County

District Courtroom where my wife and I were appearing in a private civil hearing pertaining to

our son. This hearing was neither newsworthy nor of any public concern. Harris and WFAA

attempted to capture images of my wife and me by engaging in paparazzi-like behavior and

chasing my wife and me through the hallways of the Dallas County Courthouse. Harris

confronted our counsel and became agitated and hostile when his attempts to capture images of

my wife and me failed. Harris and WFAA's intrusion upon the civil hearing related to my son

are offensive and harassing, and constitute an invasion of my family's ptivacy.

20. Harris, WFAA, and Candy have published a multitude of television broadcasts,

radio broadcasts, online articles, blog entries and other written publications, all of which focus

upon me, my family, and Residence. Many of those publications and broadcasts disseminate

false inforn1ation about me and the Residence.

AFFIDAVIT OF DR. RICHARD MALOUF PAGE60F 8

21. I have never individually filed for bankruptcy. I have not been in the process nor

am I in the process of divesting my personal estate. Additionally, I have not been found guilty of

fraud by any state or federal agency. Moreover, my backyard pool area will not use 6.5 million

gallons of water and I am not environmentally irresponsible.

22. Much like any other reasonable person, I am outraged by Harris, Candy, and

WFAA's extraordinary effmis of:

(A) Trespassing to confront my minor daughter;

(B) Climbing atop Wilson's roof to obtain photographs of the Residence;

(C) Utilizing WFAA's helicopter and telephoto lenses;

(D) Upon information and belief, Candy's deplorable proposition of Mr. Kinney;

and

(E) Chasing my wife and me through the Dallas County Courthouse.

23. The actions of Candy, Harris, and WFAA, with the help of Wilson, as described

above, are extremely objectionable and offensive to me. I find Candy's trespasses, loitering,

eavesdropping, snooping, and intrusions into my family's personal lives deplorable. I further

believe that any other reasonable person would find Candy's actions as offensive as I do. F urther,

Hanis and WFAA's actions aimed at intruding into my private affairs are highly offensive to me

and constitute harassment.

24. Hanis, WFAA and Candy's publications of images and photos at the Residence

generate safety concerns for my family and me.

AFFIDAVIT OF DR. RICHARD MALOUF PAGE 7 OF 8

FURTHER AFFIANT SA YETH NOT

I

D

SUBSCRIBED AND SWORN to before me on this l.Jc__ day of October, 2012, to certify which witness my hand and official seal.

,,u .. , 1,"..'.'S tt�··.,. TIFFANIE MADDOX �����\ Notary Public, State of Texas !{;�J:i My Commission Expires

�.r;r,.::�·:l April os. 2016

AFFIDAVIT OF IJR_ RICIIARD MALOUf

�1ntdMr NOT UBLIC,

'

In and fl r the State of Texas

I'AUE80F8

CAUSE NO. _____ _

DR. RICHARD MALOUF

Plaintiff,

MARY CANDACE EVANS, LAURA C. WILSON, BELO CORPORATION, WFAA- TV, INC., AND BYRON HARRIS

Defendants.

§ § § § § § § § § § §

IN THE DALLAS COUNTY

COURT AT LAW NO.

OF DALLAS COUNTY, TEXAS

AFFIDAVIT OF LEANNE MALOUF

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

BEFORE ME, the undersigned Notary Public, on this day personally appeared Mrs. Leanne Malouf, who, being by me duly sworn upon her oath deposed and stated the following:

1. "My name is Leanne Malouf, I am over the age of twenty-one (21) years, have

never been convicted of a felony or a crime involving moral turpitude, and am fully competent to

testify in all respects. I have personal knowledge of all facts set forth herein, and they are all true

and correct.

2. I am personally familiar with certain events, communications, and publications

attached to this Affidavit and Plaintiff's Original Petition, Application for Temporary Restraining

Order, Application for Injunctive Relief and Request for Disclosure (the "Petition"). I am also

intimately familiar with my home, the real property located at 10711 Strait Lane, Dallas, Texas

75229. I have reviewed relevant articles, publications, broadcasts, and copies of documents and

communications that are relevant to this matter. As a result of my personal involvement in these

AFFIDAVIT OF LEANNE MALOUF PAGE I OF 7

matters and my familiarity with the events, communications, and publications relating to this

matter, I have personal knowledge of the facts stated in this affidavit.

3. I own and reside at the real property located at 10711 Strait Lane, Dallas, Texas

75229 (the "Residence"). I have lived at the Residence for over four (4) years. My neighbors

Robert Wilson and Laura Wilson reside at 10621 Strait Lane directly adjacent from the

Residence. I have lived in Dallas, Texas for over ten (10) years. Over those ten (10) plus years, I

have acquired close personal relationships with members of the Dallas/Fort Worth community.

4. In Apiil of 2009, my husband Dr. Richard Malouf and I purchased the Residence.

In determining whether or not to purchase the Residence, one of the key factors my husband and

I considered was privacy. The significant amount of privacy, seclusion, and solitude afforded by

the Residence was central to our decision in purchasing the Residence. The Residence has a large

privacy fence, approximately ten (1 0) feet tall, which sun-ounds the outside boundary lines of the

Residence (the "Privacy Fence"). The Residence also has two (2) large, steel gates guarding the

entrance to the prope1iy. I reasonably believed that the size and height of the Privacy Fence

would provide extensive p1ivacy from unwelcomed third parties. Fmiher, I believed that the

many trees surrounding the backyard would provide for a secluded area. The Privacy Fence,

gates, and trees are meant to ensure my privacy and the piivacy of my family and friends.

5. Beginning in the spring of 2011, I physically observed Mary Candace Evans

("Candy") around the Residence on a fi·equent basis. In conjunction with my initial observations

of Candy's presence about the Residence, I discovered and viewed articles, images, blog entries

and comments (in response to Candy's miicles and photographs) on the websites

www.candvsdi1i.com ("Candy's Di1i") and www.secondshelters.com ("Second Shelters").

AFFIDA vrr OF LEANNE MALOUF PAGE2 OF 7

6. Candy usually loiters around the Residence entrance gates capturing images of

the house and other improvements on the prope1iy. Over the course of the last two (2) years, I

have personally witnessed Candy on the grounds of the Residence. I have never invited,

welcomed, or given Candy permission to enter onto the Residence grounds or approach me, my

family, invited guests, employees, or Residence staff.

7. Approximately two (2) years earlier, my husband and I hosted a private event,

where my family and invited friends privately celebrated the birthday of my minor daughter in

the Residence front yard. Without my knowledge, Candy was passing by on Strait Lane during

the private birthday celebration. Without asking my husband or me, Candy entered onto the

grounds of the Residence and made her way toward the tent where my minor daughter was

celebrating her birthday.

8. Candy approached my daughter and began an impromptu interview of her.

Immediately upon witnessing Candy under the birthday tent interrogating my daughter, a fan1ily

friend approached Candy. Said family friend then confronted Candy and politely requested that

Candy remove herself from the private celebration and the Residence.

9. Immediately following the above incident, my husband and I spoke with our

children and asked them what if anything Candy had questioned them about. From my children's

responses, it is my understanding that Candy intended to acquire private information regarding

my husband, my guests, the celebration, and the Residence.

10. On or around August 19, 2012, I learned of Candy's trespass upon the grounds of

the Residence. After examining Candy's August 20, 2012, article titled "Water Park Slides Have

Arrived at the Malm!f Manse on Strait Lane & World Now Knows We are Serious About

Medicaid Dental Fraud in Texas" and the accompanying photographic images included

AFFIDAVIT OF LEANNE MALOUF PAGE 3 OF 7

therewith, I believe that Candy would not have been able to capture the images of the Residence

and backyard equipment without physically entering onto the grounds of the Residence.1

Specifically, her photograph of the driveway and backyard equipment required Candy to be

inside of the Privacy Fence.

11. On or around August 22, 2012, my husband called the Dallas Police Department,

informed them of Candy's unlawful trespass, and filed a criminal report against her on August

22, 2012 (the "Police Repmi"). The purpose of filing the Police Report was intended to

communicate with Candy and others that entering onto the grounds of my Residence without my

consent or my husband's consent was unlawful and should cease immediately.

12. On or around August 26, 2012, upon information and belief, Candy met with my

neighbor Laura C. Wilson ("Wilson") at Wilson's home located at 10621 Strait Lane, Dallas,

Texas 75229. Upon information and belief, Wilson allowed Candy to climb atop of Wilson's

roof to gain a vantage point from which Candy could capture images of my Residence and

backyard. I witnessed Candy capturing images of the Residence and ongoing construction from

atop Wilson's home.

13. On or around July 12, 2012, I observed Candy, Byron Harris ("Harris"), and

WFAA-TV, Inc. ("WFAA") crews positioned directly outside of my Residence on Strait Lane.

Harris, Candy and WFAA crews harassingly hovered there for several hours and attempted to

take video footage of me, my husband, the Residence, ongoing construction and our personal

property. Harris and WFAA crews also attempted to interrogate employees and independent

contractors, who were working on the Residence as they traveled in and out of the Residence.

1 See Exhibit "B" attached to the Petition.

AFFlDA VIT OF LEANNE MALOUF PAGE4 OF 7

14. Upon information and belief Candy elicited assistance and infonnation from my

former house manager, David Kinney ("Mr. Kinney"), in an effort to obtain private images from

within my horne. Mr. Kinney installed a wireless camera in my closet without obtaining

pem1ission from me or my husband. Had I not learned of the wireless camera placed inside my

closet from Residence staff members, I would have never known that Mr. Kinney placed it there

because insulation covered all wires in the attic and the location of the wireless camera was

hidden from view. Upon information and belief, Candy approached Mr. Kinney and

propositioned him to plant the wireless camera inside my closet.

15. Upon infonnation and belief Candy attempted to bribe my civil engineer in order

to obtain infonnation related to the Residence and the personal and private affairs of my family

and me. Upon infom1ation and belief, when my civil engineer declined Candy's bribe, Candy

approached sub-contractors and individual construction workers with similar offers. Candy's

continued attempts to elicit private infom1ation regarding my Residence and my family are

highly offensive to me and my family, as such attempts would be to any reasonable person.

16. Candy has published multiple pictures and blue prints of the Residence online.

Her continuous attempts to spy upon me and my family, her ceaseless photographs, and constant

postings of the Residence have caused me to question the safety of my family. Candy's actions

have led me to believe that my safety and my family's safety may be in danger. Further, Candy's

actions as described above have invaded my privacy, seclusion and solitude.

17. On or around October 2, 2012, Candy, Harris, and WFAA lingered outside my

Residence waiting for me, my husband, Resident staff members, or construction workers to exit

the property. Once outside the Privacy Fence of the Residence, Hanis and WFAA attempted to

obtain images of persons and information concerning, myself, my family, or the Residence.

AFFIDAVIT OF LEANNE MALOUF PAGE 5 OF 7

Additionally, Harris, Candy, and WFAA crews spied upon my family and me, by peering into the

Residence backyard, with the help of high-powered lenses and my neighbor, Defendant Wilson.

Upon information and belief, without the assistance of Wilson, who invited WFAA, Harris, and

Candy to obtain video footage of the secluded backyard of the Residence, Harris, WFAA, and

Candy would have been unable to intrude into the seclusion and solitude of my home and private

affairs. Due to the hidden nature of the Residence backyard, WFAA has gone to the extreme

lengths of utilizing its helicopter to capture aerial video images of the backyard. I have observed

the WFAA helicopter above my Residence capturing images of my Residence with high powered

lenses on several occasions over the last year.

18. On October 12, 2012, Harris and WFAA news crews stonned the Dallas County

District Courtroom where my husband and I were appearing in a private civil hearing pertaining

to our son. This hearing was neither newswmihy nor of any public concern. Harris and WFAA

attempted to capture images of my husband and me by engaging in paparazzi-like behavior and

chasing my husband and me through the hallways of the Dallas County Courthouse. Harris

confronted our counsel and became agitated and hostile when his attempts to capture images of

my husband and me failed. Harris and WFAA's intrusion upon the civil hearing related to my

son are offensive and harassing, and constitute an invasion of my family's privacy.

19. Harris, WFAA, and Candy have published a multitude of television broadcasts,

radio broadcasts, online articles, blog entries and other written publications, all of which focus

upon my husband, my family, and Residence. Many of those publications and broadcasts

disseminate false information about my husband and the Residence.

20. Much like any other reasonable person, I am outraged by Harris, Candy, and

WFAA's extraordinary effmis of:

AFFIDAVIT OF LEANNE MALOUF PAGE60F 7

(A) Trespassing to confront my minor daughter;

(B) Climbing atop Wilson's roof to obtain photographs of the Residence;

(C) Utilizing WFAA's helicopter and telephoto lenses;

(D) Upon information and belief Candy's deplorable proposition of Mr. Kinney;

and

(E) Chasing my husband and me through the Dallas County Courthouse.

21. The actions of Candy, Harris, and WFAA, with the help of Wilson, as described

above, arc extremely objectionable and offensive to me. I find Candy's trespasses, loitering,

eavesdropping, snooping, and intrusions into my family's personal lives deplorable. I further

believe that any other reasonable person would find Candy's actions as offensive as I do.

Fm1her, Harris and WFAA's actions aimed at intruding into my private affairs are highly

offensive to me and constitute harassment.

22. Harris, WFAA and Candy's publications of images and photos at the Residence

generate safety concerns for my family and me.

( FURTHER AFFIANT SA YETI-I N9ICl

I l I I I

SUBSCRIBED AND SWORN to before me on this lJeday of October, 2012, to certify which witness my hand and ofiicial seal. ,

�� 77?acfrB, £1 Nd(l)uBLIC, 7 In and for the State of Texas

AFHDAVIT OF I JoANNE MALOUF I'AGE70F7