The Volokh Conspiracy
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Libel Lawsuit Filed over Finding Kendrick Johnson Documentary
From a Complaint filed today in Bell v. Pollock (paragraph numbers omitted):
On July 30, 2021, the documentary film Finding Kendrick Johnson (the "Documentary Film") was first released, and by December 27, 2021, it was available for internet users to stream on multiple online platforms…. The Documentary purports to tell the story of the murder of Kendrick Johnson (the "Decedent"), a Lowndes County High School student whose body was discovered in a rolled-up gym mat in the high school's gym in January 2013.
Defendants maliciously exploited the mysterious death of the Decedent and the imagery and controversy surrounding the Decedent's death to fabricate a wholly false narrative and profit financially by painting the Bells as modern-day versions of those responsible for one of America's most brutal and infamous hate crimes. The Documentary Film represents that the Decedent's death was a murder. The Documentary Film further portrays that the murder was the result of criminal acts committed by Brian and Branden, two other Lowndes County High School students who it represents had "problems" with the Decedent around the time of his death. Defendants present the central thesis of the film, which is that the Decedent's murder was a second iteration of the horrific, racially motivated murder of Emmett Till….
[T]he Documentary propagates a conspiracy theory that the Decedent's death was improperly ruled an accident, and it claims that Rick, the father of Brian and Branden, who worked as an FBI agent, engaged in a cover up operation to conceal his sons' involvement in the Decedent's murder.
The Documentary Film further states that Rick met with and intimidated potential witnesses. The Documentary Film also represents that Rick exploited his FBI connections to take the focus of the investigation off his sons to conceal their involvement in the Decedent's murder…. The Documentary Film also falsely maintains that Rick was forced to resign from his position after the Department of Justice discovered evidence of his "corruption" in relation to the investigation.
The claim published in the Documentary Film that Brian, with the assistance of Branden, played a role in the Decedent's death is obviously false to anyone who has conducted any inquiry into the facts surrounding the Decedent's unfortunate and mysterious death.
Of course, these assertions are just the allegations in the Complaint (and just some of the allegations; the Complaint is long). We'll see what happens to the case in court.
UPDATE: Whoops, I accidentally wrote the plaintiff's name as part of the documentary title ("Finding Kendrick Bell"); I've corrected it now.
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Something similar was done with Darcy Smith's Island Books -- she took the real names of people who lived on the islands in the 19th Century and then invented sordid crimes for they to have committed.
These are the grandparents and great grandparents of people living out there now, and she'd probably be shot if she ever went out there. But is this legal?
Shooting people for writing stuff one doesn't like? No, that's not legal.
https://www.bangordailynews.com/2010/07/20/news/lobster-wars-still-simmering/
Never heard of this before, and my first reaction was how could a body rolled up in a mat be anything but murder? What'd he do, roll himself up in one as a suicide?
Wikipedia has more:
All makes the "accidental" finding a lot more plausible. But with all the heat and $100M angst, we will probably never know.
Thank you for that background. It makes more sense now.
IIRC, there was a good True Crime Garage podcast episode on this death. A bit sensational, but by the end it certainly seemed likely that it was an accident. A bit like the Nutty Putty death, but trapped head down and suffocated in a large, rolled up mat instead of a narrow, vertical cave.
Nick,
I had never heard of the Nutty Putty incident. How horrible...I struggle to think of a worse way to die.
I think eaten alive by shark would probably be worse but I hope I'll never know.
I do grok your meaning.
Have you seen any of the pictures of the cave?
That cave was insane. Going “caving” like that seems terribly unpleasant, but lots of people like to try to trigger and then overcome their claustrophobia, I guess. The “birthing canal” portion alone likely would’ve induced a lifetime of panic attacks in me, if I had ever been crazy enough to try it. You can watch GoPro video of it on YouTube, and I admit I do not understand why anyone would want to crawl through that. But to each their own.
Late one night, while wasting time on YouTube, the algorithm brought me to a video on the Nutty Putty cave death, which I hadn’t heard of before. Big mistake watching that just before bed. Made me feel very claustrophobic, and of course it’s heartbreaking when you imagine the absolute terror he went through, as well as the fact that he was with his brother, who I assume must have some serious PTSD from that. As you said, one of the worst ways to go.
Two of my father’s cousins were trapped in a car that rolled over into a ditch full of snow. They starved to death. I still get sick whenever I think about it.
That’s horrible. Hope you are doing well, and that you have a nice Thanksgiving.
Just a grisly piece of family history, but thanks.
My experience with the "true crime" genre on streaming services these days is that they range from wildly speculative to completely false. If you do the slightest background on them (even just Wikipedia) you will see how far they stray from settled facts and into wild conspiracies. Sadly, it seems that is what their audiences want.
This sounds like gross negligence on the part of the school — these are minors that you are responsible for.
The pile, as described, sounds inherently dangerous.
Also from Wikipedia, Death of Kendrick Johnson:
In the lede (abstract): "That [$100M] lawsuit was subsequently withdrawn. Georgia Judge Richard Porter ordered the Johnsons and their attorney to pay more than $292,000 in legal fees to the defendants, accusing them of fabricating evidence to support their claims.[7][8][9][10]
"7. Rosenstein, Sawyer (March 11, 2016). "Defendants Seek Attorney Fees in Dismissed Kendrick Johnson Case". Tallahassee News | ABC 27 WTXL. Retrieved April 20, 2016.
"8. Floyd, Adam (March 7, 2015). "Bells countersue KJ family". Valdosta Daily Times. Retrieved April 20, 2016.
"9. Blackwell, Victor (October 23, 2015). "Kendrick Johnson suit: Feds want to stop evidence collection". CNN. Retrieved July 29, 2016."
"10. Boone, Christian (November 16, 2018). "Third autopsy claims foul play in Valdosta gym mat death case". Atlanta Journal- Constitution. Retrieved November 18, 2018."
Later on:
"The president of the Valdosta-Lowndes County chapter of the Southern Christian Leadership Conference and the former lead investigator for that chapter have stated that they believe the attorneys for the Johnsons have "not been entirely truthful in their statements" and that there was no cover-up in this case.[22]
"22. Adam Floyd, "Rose, Touchton believe no coverup in Johnson case", Valdosta Daily Times, 31 Oct 2013."
"What’d he do, roll himself up in one as a suicide?"
Read the Wiki info you posted.
He (per the report), fell head-first into a rolled-up mat that was upright and didn't roll himself in one horizontally on the floor.
Yikes. When I first heard if this, it sounded like some mean kids rolled him up on a mat on the floor. This is a different story.
His name was Kendrick Johnson. The program is Finding Kendrick Johnson.
Maybe Proj. Volokh was starting the Manischewitz early when he wrote this.
(It was indeed “Bell”, but the title has since been changed to “Johnson”…)