5126/14 Mr. Vester Flanagan 3015 Ordway Drive, NW Apt. J Roanoke, VA 24017 The Honorable Judge Francis Burkart, III Roanoke City General District Court 315 W. Church Avenue, SW. 2" Floor Roanoke, VA 24016 Dear Judge Burkart, am writing in response to the Plaintiff's objections to my request to obtain documents Pertaining to Case #GV/14003506. Their objections are invalid In order to prove my case, | need various documents. Please see the details that follow. Your Honor, what | encountered while employed at WDBJ-7 was nothing short of vile, isgusting and inexcusable. | will be able to prove the Defendant broke several laws. Judge Burkart, | realize this is the ultimate “David vs. Goliath’ scenario, so to speak, However, | am neither intimidated nor fearful. While | may not be an expert with regards to case law and legal terms, | AM an expert when it comes to integrity, character and the difference between right and wrong, lam hereby requesting a trial which will be heard by a jury of my peers. | would like my jury to be comprised of African-American women. At this time, | feel it may be necessary to contact the Federal Bureau of investigations as well as the Department of Justice. | may need assistance with computer forensics as well as other technological assistance. An explanation is included in this correspondence, | will not rest until this matter is resolved. | am a very, very persistent person and will utilize every resource | have to achieve justice and stand up for the rights of others at the same time. {n terms of racial harassment, | have photos of the watermelon that appeared following the meeting with photographers. The watermelon would appear, then disappear, then appear and disappear again...only to appear yet again. This was not an innocent incident. The watermelon was placed in a strategic location where it would be visible to newsroom employees (and others) entering and exiting the building. It appeared after a meeting during which “watermeion’ comments were discussed. | have still photos of the watermelon as well as cell phone video that shows me walking from a news vehicle intothe building where the watermelon was placed. | narrated the video and pointed the camera at the script | had for the morning live shot so the date could be confirmed. The Defendant's legal team made errors when reporting who was present during the meeting, by the way. Several additional "issues" need to be discussed pertaining to the Defendant's EEOC response. There was a carefully orchestrated effort by the photography staff to oust me--a conspiracy. The chief photographer, Lynn Eller, even told the photographers to “roll on me" if they caught me doing something wrong. Why did one of the photographers go to HR on me after working with me ONLY ONCE. There was nothing to report! That, Your honor, is just plain wrong. All of this is just the tip of the iceberg. There is so, so, so much more to this case that will come out during the tril ‘Your Honor, |.trust you as a leader in our judicial system. | trust you as-a family man. You are a person of high moral standards and faimess. Once you hear the facts of this case, you will be astounded when you discover the egregious acts that took place at WDB4-7. | look forward to seeing you soon. With warms res Vester Flanagan (Bryce Williams) (e0: Mr. Rick S. Kahl, clerk Mr. Vijay K. MagoRESPONSE TO OPPOSING COUNSEL'S OBJECTIONS Opposing Counsel stated my request was “overly broad." | would like Opposing Counsel to elaborate. How can we “streamline” the request then? Opposing Counsel stated my request was "unduly burdensome." Again, | need Opposing Counsel to elaborate. | can work with Opposing Counsel in terms of what documents need to be subpoenaed, Additionally, since several WDBJ-7 employees will be called to testify, perhaps their testimony can be sued in lieu of actual documents. I need to discuss this further with Opposing Counsel ‘The documents requested are neither immaterial nor irrelevant to the claims at issue in this litigation WEBSITE ARTICLES WITH TIME STAMPS, Shortly after my departure from the station, the station's website was revamped. Can Opposing Counsel please show the court where “Bryce Williams’ “ videos are? Was the format not changed VERY soon after Mr. Flanagan was let go? The station cannot use time as an excuse. That is, | noticed my videos were gone very soon after | was terminated. If the articles/videos are archived by a third party, what's the name of the third party? | will subpoena documents from THEM. These time stamps are a crucial part of evidence in this case. | want the money | earned. Why should the station not compensate me for hours | worked? I have already contacted the Department of Labor about this and have ‘asked for an investigation ELECTRONIC DOOR/BADGE RECORDS: Opposing Counsel claims the door badge system never tracked attendance. That's not the point. | never said it was used for attendance purposes per se. However, how can someone state that a door badge system does not keep record of who comes and goes. Really? What's the name of that vendor so | may also subpoena documents and statements from them as well. Why was the door system changed? And why was it changed during the same time period in which a subpoena was issued for records? | want a copy of the service request and | want to know why the new system was installed? What date was it installed on? 2014JUN 24:20Sure, multiple people can enter the door at one time. However, | can say that most of the time | entered the building alone. COMPUTER SCRIPT RECORDS Anyone with experience in TV news will tell you that most systems show DRAFTS. It does not matter if a producer makes changes, DRAFTS are shown and they show times and authors. will ask the Department of Labor to monitor current working conditions at WDBJ-7 to ensure current employees are being paid for the overtime hours they work. My former manager, Dan Dennison, specifically told me he could not pay me for overtime hours. | gave a lot to this company and | want the money | earned. They essentially stole from me and Mr. Dennison’s comments can be interpreted as coercion and intimidation. Bottom line—the station broke the law. PERSONNEL FILES/DISPARITY IN TREATMENT If Opposing Counsel cannot produce ALL personnel files requested, perhaps they can produce SOME? My intention is to prove a disparity in treatment with regards to the way in which African- American employees are treated compared to non-minorities. During an altercation with Susan Bahorich, | was verbally assaulted and intimidated as Ms. Bahorich was holding a sharp object (a pen) which could have been used as a weapon. Opposing Counsel got the facts wrong when mentioning that Ms. Bahorich did ot use profanity. Yes, she did. Ms, Bahorich also apologized MULTIPLE times. Why did she do so if she was not wrong? | have a witness who was on the cell phone with me at the time of the conversation. Why did she pick the fight in the first place? She has a history of bullying people including, but not limited to, former photographer Gerry McCarthy. Why wasn't Ms. Bahorich written up? Why wasn't photographer Mr. Rob Chewning written up when he attacked me in full view of onlookers while filming at Smith Mountain Lake. He assaulted me! He berated me by telling me I was not a good reporter and he also YANKED the microphone out of my hand. This is permissible behavior? Based on the employee handbook, isn't this type of behavior prohibited? In hindsight, | wish | would have called the police on Mr. Chewning AND Ms. Bahorich.Why wasn't Mr. Chewning written up? Was his outburst in the infamous meeting noted? ‘Was it noted that he asked "What am I supposed to do, make a list of the things | can't say to Black people?” Was that noted? He has an African-American partner? | cannot believe someone would risk their credibility by stating this ridiculous defense. It's not even worthy of a reply from me. Anyone with a television knows that you can be a racist ‘no matter who you date! Was reporter Justin McCloud written up when he yanked a camera away from photographer Gerry McCarthy? Station management had a history of allowing ‘employees to gang up on certain employees. It is QUITE profound that even the news director, Mr. Dan Dennison, even admitted that “piling on" was taking place. This is the same manager who wrote me up numerous times and he also played devil's advocate whenever | would voice complaints. Even HE admitted | was being bullied. Under oath he would have to admit this. Also, Mr. Greg Baldwin admitted that Mr. Dan Dennison ‘was questioning if what he “thought was happening” was happening. That is, even Mr. Dennison saw there were ‘racial issues.” | have compelling evidence in this case. | will include some of the egregious texts sent by Mr. Greg Baldwin, my immediate supervisor. One of them shows an “inappropriate image" and I would not feel comfortable sending it to you right now but | will bring it to the trial One of the texts will be especially "alarming" to the station's General Manager and others. Ineed to see Dan Dennison’s personnel records to see why he was demoted, The HR director failed to produce several of the last emails! sent her regarding complaints about harassment taking place. | still have copies that | saved though. These were sent to her just DAYS before | was fired. Why didn't she include those in my file that she supplied to the court? Why weren't details about a confrontation in the hallway with an employee divulged? What EXACT words were stated that would justify me being fired? | want specific reasons as to why my communication could be described as threatening. Mr. Dennison mentioned numerous times that | was a big man. So what? Because | am a large Black man | am a threat? That's racist in and of itself. It's interesting that Opposing Counsel has tried to make me out to be a monster. | beg to differ. Opposing Counsel lacks credibility. Their response to the EEOC charges contains errors and is incomplete. ‘Also, Opposing Counsel never addressed my work ethic, Was | EVER late to work, EVER? Even once? What was my official “reporting time" for work and what time did |arrive? | wasn't “on-time’...|_ was early each day. | never complained about assignments although many lacked newsworthiness and were just plain boring. Also, | was the one who offered to work through the night when the Derecho of 2012 hit. My assignment manager was going to send me home during the biggest story of the year! | was the one who volunteered to work even though | had already worked a full shift. That does not sound like a monster to me. Why was it that NOT ONE SINGLE producer complained about me? Why were complaints made only by photographers with the exception of one reporter who was a known bully? I find that interesting and so will a jury! Melissa Gaona will be called to testify. She will be asked about incidents during which Ms. Bahorich also harassed her. Melissa cannot deny we were close. | still have her wedding invitation and she once bragged that | was one of the few people she actually liked at the station (and who she invited to her wedding). ‘Why was | let go after management noted an “improvement?” And why was I not given a reason for my termination? How heartless can you be? My entire life was disrupted after moving clear across the country for @ job only to have my dream turn into a nightmare. The assistant news director, Greg Baldwin, shared lots of inside information with me. This will come out in the trial. WOBJ-7 has a lot to hide. Several scandals made it difficult to work there. A former "weatherman" was so bold with his affair with a production employee that his wife called HR. What ever happened with that? Also, one of my producers, Melanie Crabtree, had no problems sleeping with a married man who was also a WDBJ-7 employee. Your Honor, | am not the monster here. | get along with my current co-workers AND | was just recognized by a senior manager at corporate. That sure doesn't sound like the monster | was painted to be. ‘There are many more questions the Plaintiff will have to answer at trial time. The aforementioned reasons validate the need for the requested material to be produced.SCD Ta Cz Ou GN [M00 3506 Doty Wp toly Pa Rosnoke Cit i ose MAS. We Cheon Brug. S:WejtaLPleac,..Raaveke VA t4dC Sahay a \lesker Flanagan \WDBI-7 2 BILL OF PARTICULARS Conmeaweats of Vipin Rule 73:2 TO THE PLAINTIFF: Youarereqied ofl and serve by ming a witen bi fA BY ngs BA AD Yosae iter equi ly t,he numbered paragraph blow ach of he eases Why you bik be sefetantowes you the money or rope claed. You may atch onal paper teed Un pak Overhrme See all ge 1 2 Wr ons tu Ver arcatyo nw (sec atcha : Bet ales dros Cy i Hostile Work Burrow nut (he apache) Racral Handy nt] Disceeeurc tow CO WW continuation sheet. 2014 MAY 28 44:11 NOTICES: Failure to comply with this order may be grounds for awarding summary judgment in favor ofthe adverse party. This isnot evidence, Both pastes still must be prepared, at wal to prove their case with admissible evidence ‘Upon trial, the judge may exclude evidence as to matters not described in ths pleading. CERTIFICATE OF MAILING BY PLAINTIFF {certify ! mailed a completed copy ofthis Bill of Particulars to the clerk of this cout and to each atorney forthe Aefendant, orto the defendant if nt represeated, this U]* day of. May 20 ee ee Me. V ‘Gay ko Mago ToT OF LT6. Sexual harassment (see attached) 7. Irreparable damage to my career 8. Mental anguish/depression/embarrassmenuhumiliation 9. Substantial loss of personal time 10. Wasted PTO 11. Court costs/postage 12, Punitive damages 13, Credit card and other debt as a result of their actions5/26/14 Mr. Vester Flanagan 3015 Ordway Drive, NW Apt. J Roanoke, VA 24017 ‘The Honorable Judge Francis Burkart, III Roanoke City General District Court 315 W. Church Avenue, S.W. 2" Floor Roanoke, VA 24016 Dear Judge Burkart, | am writing in response to the Plaintiff's objections to my request to obtain documents pertaining to Case #GV14003506. Their objections are invalid In order to prove my case, | need various documents. Please see the details that follow. Your Honor, what | encountered while employed at WDBJ-7 was nothing short of vile, disgusting and inexcusable. | will be able to prove the Defendant broke several laws. Judge Burkart, | realize this is the ultimate “David vs. Goliath" scenario, so to speak. However, ! am neither intimidated nor fearful, While | may not be an expert with regards to case law and legal terms, | AM an expert when it comes to integrity, character and the difference between right and wrong, lam hereby requesting a trial which will be heard by a jury of my peers. | would like my jury to be comprised of African-American women, At this time, | feel it may be necessary to contact the Federal Bureau of investigations as well as the Department of Justice. | may need assistance with computer forensics as well as other technological assistance. An explanation is included in this correspondence. | will not rest until this matter is resolved, I am a very, very persistent person and will utilize every resource | have to achieve justice and stand up for the rights of others at the same time. In terms of racial harassment, | have photos of the watermelon that appeared following the meeting with photographers. The watermelon would appear, then disappear, then appear and disappear again...only to appear yet again. This was not an innocent incident. The watermelon was placed in a strategic location where it would be visible to newsroom employees (and others) entering and exiting the building. It appeared after a meeting during which “watermelon” comments were discussed. I have stil photos of the watermelon as well as cell phone video that shows me walking from a news vehicle intothe building where the watermelon was placed. | narrated the video and pointed the camera at the script | had for the morning live shot so the date could be confirmed. The Defendant's legal team made errors when reporting who was present during the meeting, by the way. Several additional "issues" need to be discussed pertaining to the Defendant's EEOC response. There was a carefully orchestrated effort by the photography staff to oust me-a conspiracy. The chief photographer, Lynn Eller, even told the photographers to "roll on me" if they caught me doing something wrong. Why did one of the photographers go to HR on me after working with me ONLY ONCE. There was nothing to report! That, Your honor, is just plain wrong. All of this is just the tip of the iceberg. There is so, so, so much more to this case that will come out during the trial Your Honor, 'trust you as a leader in our judicial system. trust you asa family man. You are a person of high moral standards and faimess. Once you hear the facts of this case, you will be astounded when you discover the egregious acts that took place at WOB4-7. | ook forward to seeing you soon. With rds, Vester Flanagan (Bryce Williams) ce: Mr. Rick S. Kahl, clerk Mr. Vijay K. MagoRESPONSE TO OPPOSING COUNSEL'S OBJECTIONS Opposing Counsel stated my request was “overly broad." | would like Opposing Counsel to elaborate. How can we "streamline" the request then? Opposing Counsel stated my request was “unduly burdensome." Again, | need Opposing Counsel to elaborate. | can work with Opposing Counsel in terms of what documents need to be subpoenaed Additionally, since several WDBJ-7 employees will be called to testify, perhaps their testimony can be sued in lieu of actual documents. I need to discuss this further with Opposing Counsel. ‘The documents requested are neither immaterial nor irrelevant to the claims at issue in this litigation WEBSITE ARTICLES WITH TIME STAMPS: Shortly after my departure from the station, the station’s website was revamped. Can Opposing Counsel please show the court where “Bryce Williams’ * videos are? Was the format not changed VERY soon after Mr. Flanagan was let go? The station cannot use time as an excuse. That is, | noticed my videos were gone very soon after | was terminated If the articles/videos are archived by a third party, what's the name of the third party? | will subpoena documents from THEM. These time stamps are a crucial part of evidence in this case. | want the money I earned. Why should the station not compensate me for hours | worked? I have already contacted the Department of Labor about this and have asked for an investigation ELECTRONIC DOOR/BADGE RECORDS Opposing Counsel claims the door badge system never tracked attendance. That's not the point. | never said it was used for attendance purposes per se. However, how can someone state that a door badge system does not keep record of who comes and goes. Really? What's the name of that vendor so | may also subpoena documents and statements from them as well Why was the door system changed? And why was it changed during the same time period in which a subpoena was issued for records? | want a copy of the service request and |. want to know why the new. system was installed? What date was it installed on?Sure, multiple people can enter the door at one time. However, | can say that most of the time | entered the building alone, COMPUTER SCRIPT RECORDS Anyone with experience in TV news will tell you that most systems show DRAFTS. It does not matter if a producer makes changes, DRAFTS are shown and they show times and authors. | will ask the Department of Labor to monitor current working conditions at WDBJ-7 to ensure current employees are being paid for the overtime hours they work. My former manager, Dan Dennison, specifically told me he could not pay me for overtime hours. I gave a let to this company and | want the money | eamed. They essentially stole from me and Mr. Dennison’s comments can be interpreted as coercion and intimidation. Bottom line—the station broke the law. PERSONNEL FILES/DISPARITY IN TREATMENT !f Opposing Counsel cannot produce ALL personnel files requested, perhaps they can produce SOME? My intention is to prove a disparity in treatment with regards to the way in which African- American employees are treated compared to non-minorities. During an altercation with Susan Bahorich, | was verbally assaulted and intimidated as Ms. Bahorich was holding a sharp object (a pen) which could have been used as a weapon. Opposing Counsel got the facts wrong when mentioning that Ms. Bahorich did not use profanity. Yes, she did, Ms. Bahorich also apologized MULTIPLE times. Why did she do so if she was not wrong? | have a witness who was on the cell phone with me at the time of the conversation. Why did she pick the fight in the first place? She has a history of bullying people including, but not limited to, former photographer Gerry McCarthy. Why wasn't Ms, Bahorich written up? Why wasn't photographer Mr. Rob Chewning written up when he attacked me in full view of onlookers while filming at Smith Mountain Lake. He assaulted me! He berated me by telling me | was not a good reporter and he also YANKED the microphone out of my hand. This is permissible behavior? Based on the employee handbook, isn't this type of behavior prohibited? In hindsight, 1 wish I would have called the police on Mr. Chewning AND Ms. Bahorich.‘Why wasn't Mr. Chewning written up? Was his outburst in the infamous meeting noted? Was it noted that he asked “What am | supposed to do, make a list of the things I can't say to Black people?’ Was that noted? He has an African-American partner? | cannot believe someone would risk their credibility by stating this ridiculous defense. It’s not even worthy of a reply from me. Anyone with a television knows that you can be a racist ‘no matter who you date! Was reporter Justin McCloud written up when he yanked a camera away from Photographer Gerry McCarthy? Station management had a history of allowing employees to gang up on certain employees. It is QUITE profound that even the news director, Mr. Dan Dennison, even admitted that ‘piling on” was taking place. This is the same manager who wrote me up numerous times and he also played devil's advocate whenever | would voice complaints. Even HE admitted | was being bullied. Under oath he would have to admit this. Also, Mr. Greg Baldwin admitted that Mr. Dan Dennison was questioning if what he “thought was happening” was happening. That is, even Mr. Dennison saw there were “racial issues.” Ihave compelling evidence in this case. | will include some of the egregious texts sent by Mr. Greg Baldwin, my immediate supervisor. One of them shows an “inappropriate image" and | would not feel comfortable sending it to you right now but | will bring it to the tril. ‘One of the texts will be especially “alarming” to the station's General Manager and others. I need to see Dan Dennison’s personnel records to see why he was demoted, The HR director failed to produce several of the last emails! sent her regarding complaints about harassment taking place. | still have copies that | saved though. These ‘were sent to her just DAYS before | was fired. Why didn't she include those in my file that she supplied to the cour’? Why weren't details about @ confrontation in the hallway with an employee divulged? What EXACT words were stated that would justify me being fired? | want specific reasons as to why my communication could be described as threatening. Mr. Dennison mentioned numerous times that | was a big man. So what? Because | am a large Black man lam a threat? That's racist in and of itself. Its interesting that Opposing Counsel has tried to make me out to be a monster. | beg to differ. Opposing Counsel lacks credibility. Their response to the EEOC charges contains errors and is incomplete. ‘Also, Opposing Counsel never addressed my work ethic. Was | EVER late to work, EVER? Even once? What was my official "reporting time" for work and what time did |arrive? | wasn't “on-time"...1_ was early each day. | never complained about assignments although many lacked newsworthiness and were just plain boring. Also, | was the one who offered to work through the night when the Derecho of 2012 hit. My assignment manager was going to send me home during the biggest story of the year! | was the one who volunteered to work even though | had already worked a full shift. That does not sound like a monster to me. Why was it that NOT ONE SINGLE producer complained about me? Why were complaints made only by photographers with the exception of one reporter who was a known bully? | find that interesting and so will a jury! Melissa Gaona will be called to testify. She will be asked about incidents during which Ms. Bahorich also harassed her. Melissa cannot deny we were close. | still have her ‘wedding invitation and she once bragged that I was one of the few people she actually liked at the station (and who she invited to her wedding), Why was | let go after management noted an “improvement?” And why was | not given a reason for my termination? How heartless can you be? My entire life was disrupted after moving clear across the country for a job only to have my dream turn into a nightmare. The assistant news director, Greg Baldwin, shared lots of inside information with me. This will come out in the trial. WDBJ-7 has a lot to hide. Several scandals made it difficult to work there. A former "weatherman" was so bold with his affair with a Production employee that his wife called HR. What ever happened with that? Also, one of my producers, Melanie Crabtree, had no problems sleeping with a married man who was also a WDBV-7 employee. Your Honor, | am not the monster here. | get along with my current co-workers AND | was just recognized by a senior manager at corporate. That sure doesn't sound like the monster | was painted to be. There are many more questions the Plaintiff will have to answer at trial time. The aforementioned reasons validate the need for the requested material to be produced.5/26/14 Mr. Vester Flanagan 3015 Ordway Drive, NW Apt. J Roanoke, VA 24017 ‘The Honorable Judge Francis Burkart, I Roanoke City General District Court 315 W. Church Avenue, S.W. 2" Floor Roanoke, VA 24016 Dear Judge Burkert, Please find a copy of the Bill of Particulars requested by the court. A copy has been mailed to Mr. Rick S. Kahl and Mr. Vijay K. Mago. Best, Vester Flanagan