CASE BACKGROUND

The defendant, Lou Slipps, has been charged with the crimes of intimidation, stalking, and conspiring or aiding and inducing Robin Goodes to commit the crimes of burglary, theft, criminal trespass, and criminal mischief. Lou Slipps is a journalist and blogger who authored scathing articles against the victim Terry/Terri Fyde and Fydes ghost tour business, Ghostly Paths.

After Fyde posted a photo and joke on social media, thought to be accessible only to Fydes friends, Slipps called for a public shaming campaign against Fyde and Ghostly Paths. Fyde, unsatisfied with the internet traffic for the public shaming campaign, posted two anonymous responses. One of Slipps anonymous posts said that someone needs to destroy [the] business.

Someone did destroy the business. On November 1, 2016, Robin Goodes broke the windows and the door of Ghostly Paths, then vandalized the property and stole several items. Facing additional sentencing as a habitual offender, Goodes entered a plea agreement confessing to the crimes but claiming that Lou Slipps inspired the crimes.

The witnesses for each side of the case are as follows:

Prosecution witnesses:

Terry/Terri Fyde Victim/Ghost Tour Operator

Jay Hull Indiana State Police Sergeant Cyber Crimes Expert

Aaron/Erin Guntley Social Psychologist

Defense witnesses:

Lou Slipps Defendant/Journalist/Blogger

Robin Goodes Vandal/Thief

Cy Keyes Psychologist

Exhibits:

1. Lou Slipps Blog dated June 9, 2016

2. Fydes Response of June 12, 2016 to Blog

3. Photograph of Fake Grave Marker at the President Benjamin Harrison Grave

4. Lou Slipps October 27, 2016 Update to June 9, 2016 Blog

5. Excerpts of Sample Emails, Posts To Blog, Voicemail Messages

6. Indianapolis Police Dept. Incident Report of Vandalism

7. Statement of Confession of Robin Goodes

8. Sgt. Hulls Notes of Suspect Electronic Messages

9. Curriculum Vitae of Aaron/Erin Guntley

10. Curriculum Vitae of Cy Keyes

This case is an original work of fiction, authored by Susan K. Roberts. These Case Materials are created solely for the Indiana Bar Foundation for purposes of its Mock Trial Competitions. Reproduction of these case materials are not permitted for any other purpose, unless permission is granted by Susan Roberts. The names and events described herein are intended to be fictional. Any similarity or resemblance of any character to an actual person or entity should be regarded as only fictional for purposes of this mock trial exercise. The Case Background is not to be used as evidence in the case, but rather is provided for background purposes only.

STATE OF INDIANA)

) SS:IN THE MARION SUPERIOR COURT

COUNTY OF MARION)CRIMINAL DIVISION 6

STATE OF INDIANA

v.

Cause No. 49G06-1707-F6-01619

LOU SLIPPS

Defendant.

INDICTMENT

The Grand Jury of the County of Marion upon their oath or affirmation do present that LOU SLIPPS on or about the 27th day of October, 2016 in Indianapolis, Marion County, in the State of Indiana knowingly and intentionally, (1) communicated a threat to Terry/Terri Fyde with the intent that he/she be placed in fear of retaliation for a prior lawful act in violation of Indiana Code 35-45-2-1; (2) engaged in a course of conduct involving repeated or continuing harassment of Terry/Terri Fyde and/or Ghostly Paths, LLC that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually caused said victim to feel terrorized, frightened, intimidated, or threatened violation of Indiana Code 35-45-10-5; and (3) conspired, induced and/or caused another person, Robin Goodes, to (a) damage and deface the property of Ghostly Paths, LLC without consent in violation of Indiana Code 35-43-1-2; (b) break and enter the building of Ghostly Paths, LLC, with intent to commit theft in violation of Indiana Code 35-43-2-1; (c) entered the real property of Ghostly Paths after having been denied entry in violation of Indiana Code 35-43-2-2; and (d) exerted unauthorized control of the property of Ghostly Paths LLC, without its consent, in violation of Indiana Code 35-43-4-2.

I swear, under penalty of perjury, as specified by IC35-44-2-1, that the foregoing representations are true.

/s/ Foreperson

APPLICABLE LAWS

Statutes

IC 35-41-4-1 Standard of proof

(a) A person may be convicted of an offense only if his guilt is proved beyond a reasonable doubt.

IC 35-41-2-2 Culpability

(a) A person engages in conduct "intentionally" if, when he engages in the conduct, it is his conscious objective to do so.

(b) A person engages in conduct "knowingly" if, when he engages in the conduct, he is aware of a high probability that he is doing so.

(c) A person engages in conduct "recklessly" if he engages in the conduct in plain, conscious, and unjustifiable disregard of harm that might result and the disregard involves a substantial deviation from acceptable standards of conduct.

IC 35-41-2-4 Aiding, inducing, or causing an offense

(a) A person who knowingly or intentionally aids, induces, or causes another person to commit an offense commits that offense, even if the other person:

(1) has not been prosecuted for the offense;

(2) has not been convicted of the offense; or

(3) has been acquitted of the offense.

IC 35-41-5-2 Conspiracy

(a) A person conspires to commit a felony when, with intent to commit the felony, the person agrees with another person to commit the felony. A conspiracy to commit a felony is a felony of the same level as the underlying felony. However, a conspiracy to commit murder is:

(1) a Level 2 felony if the conspiracy does not result in the death of a person; and

(2) a Level 1 felony if the conspiracy results in the death of another person.

(b) The state must allege and prove that either the person or the person with whom he or she agreed performed an overt act in furtherance of the agreement.

(c) It is no defense that the person with whom the accused person is alleged to have conspired:

(1) has not been prosecuted;

(2) has not been convicted;

(3) has been acquitted;

(4) has been convicted of a different crime;

(5) cannot be prosecuted for any reason; or

(6) lacked the capacity to commit the crime.

IC 35-43-1-2 Criminal mischief

(a) A person who recklessly, knowingly, or intentionally damages or defaces property of another person without the other person's consent commits criminal mischief, a Class B misdemeanor. However, the offense is:

(1) a Class A misdemeanor if the pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000).

(d) If a person is convicted of an offense under this section that involves the use of graffiti, the court may, in addition to any other penalty, order that the person's operator's license be suspended or invalidated by the bureau of motor vehicles for not more than one (1) year.

IC 35-43-1-2.1 Cemetery mischief

(b) A person who recklessly, knowingly, or intentionally:

(1) damages a cemetery, a burial ground, or a facility used for memorializing the dead; or . .

(3) disturbs, defaces, or damages a cemetery monument, grave marker, grave artifact, grave ornamentation, or cemetery enclosure;

commits cemetery mischief, a Class A misdemeanor. However, the offense is a Level 6 felony if the pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000), and a Level 5 felony if the pecuniary loss is at least fifty thousand dollars ($50,000).

IC 35-43-2-1 Burglary

A person who breaks and enters the building or structure of another person, with intent to commit a felony or theft in it, commits burglary, a Level 5 felony.

IC 35-43-2-2 Criminal trespass

(b) A person who:

(1) not having a contractual interest in the property, knowingly or intentionally enters the real property of another person after having been denied entry by the other person or that person's agent; . . .

(4) knowingly or intentionally interferes with the possession or use of the property of another person without the person's consent

commits criminal trespass, a Class A misdemeanor. However, the offense is a Level 6 felony if the property damage is more than seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000).

(c)A person has been denied entry under subsection (b)(1) when the person has been denied entry by means of:

(1) personal communication, oral or written;

(2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public

IC 35-43-4-2 Theft

A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class A misdemeanor. However, the offense is:

(1) a Level 6 felony if:

(A) the value of the property is at least seven hundred fifty dollars ($750) and less than fifty thousand dollars ($50,000).

IC 35-43-4-1 Definitions

(a) As used in this chapter, "exert control over property" means to obtain, take, carry, drive, lead away, conceal, abandon, sell, convey, encumber, or possess property, or to secure, transfer, or extend a right to property.

(b) Under this chapter, a person's control over property of another person is "unauthorized" if it is exerted: (1) without the other person's consent.

IC 35-45-2-1 Intimidation

(a) A person who communicates a threat to another person, with the intent:

(1) that the other person engage in conduct against the other person's will; or

(2) that the other person be placed in fear of retaliation for a prior lawful act

commits intimidation, a Class A misdemeanor.

(b) However, the offense is a:

(1) Level 6 felony if:

(A) the threat is to commit a forcible felony;

(B) (ix) the person to whom the threat is communicated is a person that owns a building or structure that is open to the public or is an employee of the person; and the threat is communicated to the person because of the occupation, profession, employment status, or ownership status of the person or based on an act taken by the person within the scope of the occupation, profession, employment status, or ownership status of the person;

or

(D) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and

(2) Level 5 felony if:

(A) while committing it, the person draws or uses a deadly weapon.

(c) "Communicates" includes posting a message electronically, including on a social networking web site.

(d) "Threat" means an expression, by words or action, of an intention to:

(1) unlawfully injure the person threatened or another person, or damage property;

(2) unlawfully subject a person to physical confinement or restraint;

(3) commit a crime;

(6) expose the person threatened to hatred, contempt, disgrace, or ridicule.

IC 35-31.5-2-307 "Social networking web site"

"Social networking web site" means an Internet web site, an application, a computer program, or software that:

(1) facilitates the social introduction between two (2) or more persons;

(2) requires a person to register or create an account, a username, or a password to become a member of the web site and to communicate with other members;

(3) allows a member to create a web page or a personal profile; and

(4) provides a member with the opportunity to communicate with another person.

The term does not include an electronic mail program or message board program.

IC 35-45-10-1 "Stalk" defined

"Stalk" means a knowing or an intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the victim to feel terrorized, frightened, intimidated, or threatened. The term does not include statutorily or constitutionally protected activity.

IC 35-45-10-2 "Harassment" defined

"Harassment" means conduct directed toward a victim that includes but is not limited to repeated or continuing impermissible contact that would cause a reasonable person to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include statutorily or constitutionally protected activity, such as lawful picketing pursuant to labor disputes or lawful employer-related activities pursuant to labor disputes.

IC 35-45-10-3 "Impermissible contact" defined

"Impermissible contact" includes but is not limited to knowingly or intentionally following or pursuing the victim.

IC 35-45-10-4 "Victim" defined

"Victim" means a person who is the object of stalking.

IC 35-45-10-5 Criminal stalking

(a) A person who stalks another person commits stalking, a Level 6 felony.

(b) The offense is a Level 5 felony if at least one (1) of the following applies:

(1) A person:

(A) stalks a victim; and

(B) makes an explicit or an implicit threat with the intent to place the victim in reasonable fear of serious bodily injury or death.

(c) The offense is a Level 4 felony if the act or acts were committed while the person was armed with a deadly weapon.

IC 35-31.5-2-86 "Deadly weapon"

(a) "Deadly weapon" means the following:

(1) A loaded or unloaded firearm.

(2) A destructive device, weapon, device, or electronic stun weapon, equipment, chemical substance, or other material that in the manner it:

(A) is used;

(B) could ordinarily be used; or

(C) is intended to be used;

is readily capable of causing serious bodily injury.

IC 35-50-2-8 Habitual Offender

(d) A person convicted of a felony offense is a habitual offender if the state proves beyond a reasonable doubt that:

(1)the person has been convicted of three (3) prior unrelated felonies; and

(2)if the person is alleged to have committed a prior unrelated:

(A)Level 5 felony;

(B)Level 6 felony;

(C)Class C felony; or

(D)Class D felony;

not more than ten (10) years have elapsed between the time the person was released from imprisonment, probation, or parole (whichever is latest) and the time the person committed the current offense.

(i) The court shall sentence a person found to be a habitual offender to an additional fixed term that is between:

(1)six (6) years and twenty (20) years, for a person convicted of murder or a Level 1 through Level 4 felony; or

(2)two (2) years and six (6) years, for a person convicted of a Level 5 or Level 6 felony.

Indiana Felony Sentences

Level 1 Felony:

Range: 20 to 40 years with an advisory sentence of 30 years

Level 2 Felony:

Range: 10 to 30 years with an advisory sentence of 17 1/2 years

Level 3 Felony:

Range: 3 to 16 years with an advisory sentence of 9 years

Level 4 Felony:

Range: 2 to 12 years with an advisory sentence of 6 years

Level 5 Felony:

Range: 1 to 6 years with an advisory sentence of 3 years

Level 6 Felony:

Range: 6 months to 2 1/2 years with an advisory sentence of 1 year

Case law

Evidence that a polygraph examination was taken or refused is, in the absence of waiver or stipulation, inadmissible in a criminal prosecution. The rule prohibiting reference to polygraph evidence absent waiver or stipulation by all parties is properly applied to prohibit a defendant from stating that he/she offered to take a polygraph test. An offer to take a polygraph test is not probative of either the defendants innocence or credibility. The defendant may not have wanted to do anything more than make an offer to take the test, if faced with the possibility of actually taking one. On the other hand, the defendant may have thought he or she knew a way to "beat" the polygraph, or may have only desired to take a test administered by either an examiner or by use of an instrument unacceptable to the State. Moore v. State (1977), 267 Ind. 270, 273,369 N.E.2d 628, 630.

STATE OF INDIANA)

) SS:IN THE MARION SUPERIOR COURT

COUNTY OF MARION)CRIMINAL DIVISION 6

STATE OF INDIANA

v.

Cause No. 49G06-1707-F6-01619

LOU SLIPPS

Defendant.

STIPULATIONS

Note: No witness may contradict or deny knowledge of the facts contained in the stipulations.

1. All exhibits included in these Case Materials are authentic and accurate in all respects; no objection to the authenticity of these exhibits will be entertained. Unless stated otherwise herein, the admissibility of the exhibits on other grounds may be challenged.

2. All witness statements were signed by each witness under oath.

3. Exhibits 1, 2, 4, 5, and 7 are admissible without objection and do not need to be offered through a witness.

4. Robin Goodes fingerprints were on the bricks located on the premises of Ghostly Paths as a result of the vandalism on or about November 1, 2016. There are no objections to the validity of the fingerprint analysis or the chain of custody of the bricks.

5. Robin Goodes has a criminal record of three prior felony convictions.

6. Robin Goodes entered into a Plea Agreement in connection with the November 1, 2016 vandalism and theft at Ghostly Paths. In exchange for cooperating with the State and identifying Lou Slipps as the mastermind of the crimes against Ghostly Paths, and agreeing to undergo a psychological assessment and therapy for anger management, the State agreed to dismiss all counts against Goodes, except a Criminal Trespass, level 6 felony. The State also agreed to not pursue additional sentencing as a habitual offender.

7. At the discretion of Slipps legal counsel, and upon court approval, Robin Goodes may be treated as a hostile witness by the defense.

10

Statement of Terry/Terri Fyde

My name is Terry/Terri Fyde. I was born and raised in London, England until I was 16, at which time, I moved to Indianapolis with my family. I currently live at 424 E. Market Street in Indianapolis, Indiana. I previously lived at 6184 Carvel Avenue in the Broad Ripple area of Indianapolis, but was forced to move after being publicly shamed by Lou Slipps. I am the owner of Ghostly Paths, LLC, located at 1861 Monument Circle in Indianapolis, Indiana.

Ghostly Paths has been conducting theatrical and lantern guided walking tours of the city for the past four years. The stories shared on the tours are inspired from local history, legends and myths. However, the companys focus is as an entertainment venue - - sharing stories in an entertaining way. I draw upon my background, experience and education in the theater world. Growing up and spending my formative years in London, I gained an appreciation for the theater. I pursued a degree in Theater at Northwestern University and I received my Bachelor of Arts degree in 2006. After graduating from Northwestern, I spent several years performing in theaters throughout the country, including performances at the Chicago Shakespeare Theater, The Illinois Shakespeare Festival, the St. Louis, Shakespeare Festival, Indiana Repertory Theater, Milwaukee Repertory Theater, Brown County Playhouse, and Lincoln Amphitheater. I also honed my craft for storytelling while performing for the Philadelphia Founding Fathers Walking and Ghost Tours.

I created Ghostly Paths to pursue my passion in theater in a venue that connects with people through more interaction than a stage production. The main objective is to educate people about the history of the city already well known for its tourist appeal. My goals were to craft something that adheres to the traditions of the city and most important, entertains and creates unforgettable memories. The ghost tour works because there is increased public interest in theparanormal researchofghost hunters. Throughout the country there is an explosion of guided tours geared towards history as a tourist attraction. In addition to the tours, Ghostly Paths offers items for purchase, including books of historical and local interest, storytelling CDs, as well as novelty items, including paranormal equipment. The shop and tours always seem to generate significant traffic as Halloween nears.

Ghostly Paths utilizes costumed actors, including my two sisters, Petra and Misty, for atheatrical interpretation of history, legends and myths with the use of comedy,storytelling, improvisation anda little parlor magic. Using a converted hearse, the tour takes small groups through historical streets and inside landmark locations. The storyteller, along with other actors, stay in character while performing the narration using props and other theatrical resources. One of the props Ghostly Paths uses is anelectromagnetic field(EMF)meter, which some people believe are ghost detectors.

The show is considered the leading attraction of its kind in Indianapolis. For a ghost tour to be successful, it is necessary to have a well prepared set of interesting stories related to important locations, prominent people and remarkable events. Three of Ghostly Paths most popular tours or shows are Crown Hill Cemetery, Central State Mental Hospital, and Hannah House. Crown Hill is one of the country's largest cemeteries,andis the final resting place for President Benjamin Harrison, gangster John Dillinger, poet James Whitcomb Riley, Civil War General Jefferson C. Davis (who killed his own commanding officer), Confederate prisoners of war, and writer Booth Tarkington. It is considered by many as the most haunted cemetery in America. Central State Hospital has various anonymous burials in unmarked graves all over the property, and has been called the most haunted site in Indiana. The Hannah Housemay be Indiana's Most Haunted House.

Ghostly Paths has received some criticism that it is not authentic, and disseminates untruths about the people or events in its stories. We are not scientists or paranormal hunters. Although the sources for the stories vary, they are mostly based on true historical facts, legends, or myths, all taken with some literary license for entertainment. The historical facts, of course, are documented and substantiated. But, legends and myths are a part of folklore that may not be verifiable.

In June, 2016, Lou Slipps posted a blog about Ghostly Paths just as the tourist season was to begin. Exhibit 1 is a true and accurate copy of the Slipps blog about Ghost Tours that was posted on June 9, 2016. Slipps, tried to discredit my business. Slipps went so far as to say Ghostly Paths was a fraud and scam. After the blog was posted, Ghostly Paths experienced some cancellations of reservations and requests for refunds for tours. Slipps fashions himself/herself as a journalist but really Slipps is just a bully hiding behind the computer. I felt it was necessary for me to respond to Slipps slanderous indictment of Ghostly Paths. So, I shot off a response and posted it to Slipps blog page on June 12, 2016. Exhibit 2 is a true and accurate copy of my response of June 12, 2016 to Slipps Blog.

Slipps confronted me at the store within two or three days after I posted my response to the Blog. Slipps said that I underestimated the power of words and that he/she could destroy my business. It was as if Slipps had some personal vendetta. For the next several months, I felt that Slipps was stalking me like some sort of paparazzi waiting for an I gotcha moment. Slipps showed up in the store a few times looking at items for sale. Misty thought she saw Slipps at some of the walking tour locations, conveniently at just the precise time the tour group would stop there.

Okay, so I did a dumb thing. It was nothing criminal, but in hindsight was probably in poor taste. As a result, I was persecuted through public shaming by a firestorm of haters. So, heres how my life unraveled before my eyes. On a Friday night, October 21, 2016, a small circle of seven of my closest friends from college got together in Indianapolis for some pre-game festivities before the Northwestern Homecoming game against Indiana. It was our ten year reunion graduating from Northwestern. Indianapolis was a central meeting spot for everyone prior to travelling to Evanston for the game on Saturday. Ten years prior, we had all wondered where our dreams and hopes would lead us. I was looking forward to showing my friends not only the success of my business, but that I found my dream job, thriving on my creative expression through storytelling. My friends were supportive of my Ghostly Paths venture and intrigued by my online postings of ghost story teasers. They talked me into giving them a special ghost tour at Crown Hill Cemetery on that Friday night. I wanted to make it memorable and fun. I brought extra props and extra performers to pull out all of the stops. I gave the performance of my life. We had a blast. We joked. We laughed. I thought, This is a night that we would never forget. I didnt realize at the time how prophetic that statement would become.

One of the silly props that I brought to the cemetery was a fake gravestone marker. Exhibit 3 is a photograph that accurately depicts the grave marker as it was placed in the cemetery on Friday, October 21, 2016. The photograph was taken by one of my friends while we were touring Crown Hill Cemetery that evening. I placed the fake grave marker next to the grave of President Benjamin Franklin. I propped it up by resting it on a small American flag that was in the ground at the gravesite. The fake grave marker was just a joke. I thought it was funny because President Harrison died of complications from the flu. My friends laughed. We thought it was hilarious. One of my friends snapped a photo of the newly placed grave marker.

The next morning, I posted reunion photos on Cheez.com, a social media and networking website where friends can share photos, videos and brief comments with their social network of friends. One of the photos posted was the now infamous President Harrison fake grave marker. On my Cheez page, I posted a caption under that photo that read This years flu has gone viral. Another victim of fowl plague. At the time, I thought it was a clever pun. Earlier in the year, State officials euthanized over 400,000 birds at poultry farms in Indiana due to a bird flu outbreak. I certainly meant no disrespect to the former President, poultry farmers or people inflicted with avian flu.

Once I posted the photos and captions on Cheez, I didnt think anything further about it. I enjoyed the Homecoming events, being with friends, and watching the football game. When the game was over, around 2:30 p.m., I checked the posts on my Cheez page. There were a few posts from friends cheering Northwesterns victory over Indiana, and posts about the reunion. I was surprised to see an anonymous post of someone telling me I was unpatriotic and had defaced the grave of President Harrison.

I was shocked to see a post from someone I had not friended. My Cheez page and the post was only to my friends on Cheez, at least thats what I intended. But, I admit, my settings for my page on Cheez were a mystery to me. Most of the privacy boxes were ticked, but some werent. I noticed that boxes that I thought I had ticked werent ticked. I dont know if I left a door open for uninvited trolls to look at my Cheez page, or perhaps it was my one of my friends pages that did not have controls for privacy. Bottom line was that my mobile uploads werent private after all. The photo and my post were out to the public.

Ive had a lot of time to reflect since the photo and my joke went public. You know, you think about why you post things on your social network page. I think in some way I was addicted to posting things on my page and sharing experiences, events and things that mattered to me with my friends. Posting on my page allowed me to express myself. I didnt think about the consequences at the time.

I regretted posting the joke. I didnt think about who would read it. I thought it was funny at the time. When I realized that someone outside my circle of friends saw what I thought was a private posting and had taken offense to it, I wondered whether I should take it down. I decided against taking it down. I thought, Whats the big deal? No ones ever going to think of it again. By the time I thought about restricting the image it was too late. It was already out in the public domain. I couldnt take it back.

Unfortunately, we live in an era that seems to revel in public shaming, where anonymous trolls have nothing better to do than attack human foibles on social media. Five days after I posted that photo, blogger Lou Slipps posted an update to the original blog about the ghost tour industry. The updated post was a public shaming. Slipps posted my photo of the fake grave marker, intended only for my small circle of friends and family. I felt like my privacy was violated. The photo was taken from my private page and published to the public. I think Slipps had a personal vendetta against me because I had called him/her out on the original post. In any event, in the updated blog, Slipps skewered me publicly for my disrespect of the cemetery, President Benjamin Harrison, poultry farmers, and people who had died from avian flu. Slipps revealed that I operated Ghostly Paths, identified my sisters Misty and Petra, and disclosed my email, home and business addresses and phone numbers. Exhibit 4 is a true and accurate copy of the updated Slipps Blog. Slipps fully intended for people to target and harass me. If Slipps only wanted to have people call me out with words, then there would be no reason to share with the public my personal address, the business address, or my familys addresses.

Over the next 72 hours, my email was filled with caustic aspersions from people I didnt even know. There were posts to Slipps updated blog publicly flogging me. People hated me and hated what I had done. One of the messages said my business should be destroyed. There were even death threats. Exhibit 5 is a compilation of a sampling of the hate messages I received in the first 72 hours after Slipps updated blog.

I was powerless against the internet. Customers canceled reservations and ticket sales plummeted. Long-time vendors didnt want to work with me anymore. I lost permission to conduct tours at local cemeteries. I was shunned by acquaintances. Literally overnight, everything I knew and loved was gone. I feared for my safety. I was concerned that someone could be violent. They now knew where I worked and lived. I wanted to scream. It was just about a sign. I flipped back and forth between anger and wondering whether I deserved this fate.

As if it wasnt bad enough, the Ghostly Paths store was vandalized on the night of November 1st, 2016. On that night, I closed up the business at 6 pm as usual and put out the Closed sign in the front door. When I returned to the store around 8:30 the following morning to open for business, I was shocked to see that the front window and door of the store had been broken. I immediately called the Indianapolis Police Department. An officer arrived within minutes of my call. Ghostly Paths did not have a security system or security cameras. The Company mostly focused on the tours and we had little of value in the store except for books, paranormal equipment and novelty items for sale. We never kept cash at the store. Upon investigating, the officer determined that three bricks were thrown through the storefront for Ghostly Paths. The walls of the store were painted with graffiti. No words or pictures just spray paint up and down all over the walls. Tables and chairs were overturned and broken, and some of my inventory either smashed or stolen.

I lost the opportunity for significant ticket sales for tours and sales of inventory due to Lou Slipps vicious attack on me and my business. I estimate that I lost $7,700 in net income for the six weeks that I had to close my doors for business for repairs. In the following year, ticket and store sales also plummeted from the backlash of the public shaming on the internet. The repair costs for the damage to the store amounted to $4,585. The value of store goods or inventory stolen amounted to $750. Fortunately, the building was not occupied at the time that it was vandalized and no one was injured. Still, I am terrified that someone might attack me because of my stupid joke. My sisters have been affected as well. Misty is bewildered. She is in a state of shock and denial. Petra is so scared that she is petrified. She doesnt want to work in the business anymore. She wants to leave town.

The Indianapolis Police Department was able to lift fingerprints from the bricks thrown through the stores windows, which led them to the arrest of Robin Goodes, who had a prior history of similar break-ins and vandalism. Goodes confessed to the crime. I think Goodes was one of those anti-ghost types. Anyway, I heard that subsequently there was some sort of plea bargain so that Goodes would not serve more time as a repeat offender.

When the IPD officer showed me Goodes mug shot, I remembered that Goodes had shown up in the store back in July, 2016, responding to a job posting for storytellers and performers that we had displayed in the store window. I had brushed off Goodes, saying that he/she did not have the necessary qualifications. Goodes seemed visibly agitated at the time. Thats why I remembered him/her when I saw the mug shot several months later. I recall that Goodes said that I was a terrible person for making a quick judgment about him/her as a person.

Goodes has claimed that the vandalism of my shop was inspired by one of the postings to the updated blog suggesting that the Ghostly Paths store be destroyed. Sergeant Jay Hull of the Indiana State Police investigated the cyber aspects and it is my understanding that the paper trail led to Lou Slipps as the instigator of the violence against me and my business.

Slowly my business is coming back and my life will be normal again one day. Ive learned lessons along the way, and in the long run, I hope social media users will lighten up a bit and remember to judge not, lest ye be judged.

I affirm under penalty of perjury that the foregoing is true and correct to the best of my belief and knowledge.

Terry/Terri Fyde .

Statement of Sergeant Jay Hull

My name is Jay Hull. I am a Sergeant with the Indiana State Police assigned to Cybercrime and Investigative Technologies (IC3). In May, 2002, I received a Bachelor of Science in Cyber Security with a minor in Criminal Justice from the University of Maryland. Upon graduating from college, I worked for the National Security Agency as a Computer Network Defense Analyst. I have been with the Indiana State Police IC3 Unit since 2007.

The Cyber Crime Unit was established in May 1998. The unit provides law enforcement officers assistance in criminal investigations where the use of any type of digital media is an integral part of the crime. The unit consists of six sergeants who conduct forensic retrieval of digital evidence. I investigate computer crimes, including online extortion, computer intrusions, fraud, identity theft, intellectual property theft, software piracy, and cyber bullying. I also lecture, train, and provide technical assistance in the area of computer crimes and computer forensics for federal, state, and local law enforcement agencies. Some of the specific classes I teach include Computer Investigations, Email Tracing, Data Recovery & Computer Forensic Methodology, Reconstruction of Internet History, Data Encryption Cracking, and Hacking Techniques. I am a Certified Forensic Computer Examiner (CFCE) and I am a member of the High Technology Crime Investigators Association (HTCIA) and the International Association of Computer Investigative Specialists (IACIS).

At the Cyber Crime Unit, we are keenly aware that cyberbullying is on the rise. The majority of harassment incidents now occur on social networking sites. Cyberbullying involves the sending or posting of derogatory or hateful material on the Internet with the intent to harm another. Once in cyberspace, what started as a joke can have serious consequences. The impact on the victim can be devastating and even tragic. Cyberbullying can be defamatory to a single victim, a business, a group or team. Bullies employ any or all cyber communications, including posts to social networking sites, texting, chat rooms, email, instant messaging and blogs, to harass, threaten, spread lies or distribute embarrassing pictures. The Internet gives bullies a worldwide audience for taunting their victims while maintaining some anonymity.

Lou Slipps took the photo from Fydes personal Cheez page, despite privacy settings, then publicized it to as wide and as far as the internet reaches. In the cyber world, this is called doxing. Doxing is the skill of tracing someone and gathering information about that person using sources onthe internet. The more a hacker knows about a target, the easier it isto find his or her flaws. Once personal information is mined through the internet, the hacker will then broadcast private or identifiable information about the individual, often with a malicious intent. The hacker recognizes the value of information about the target and uses this information for personal gain or satisfaction.

Anyone can harvest information from the internet about individuals. And, a person can seek out any kind of information related to the target. A basic Web search can provide more information about a person than you might expect. Social media networks are a goldmine for someone who wants to exploit an individuals personal information. Many users disclose a lot of personal information, but have low levels of security. Information that may seem mundane to you or me can be fodder for those lurking in cyberspace. A person can become exposed and vulnerable just by sharing their photos, linking information about their place of employment, linking to friends or family members, and providing phone numbers and email addresses. It is also possible to derive a person's name and home address from a phone number, through such services as reverse phone lookup. Even if your public profile on social media looks like Fort Knox, anyone can see images you've tagged by using graph search.An internet search for photos of a person by naming that person reveals hidden pictures.

Privacy settings on social media platforms are increasingly becoming meaningless. It is foolish to assume that photos posted on the internet arent accessible. Terry/Terri Fyde never expected that a photo shared with a small circle of friends would become public. Many people often do not remember or know who might see their social media content. In some cases, a person forgets that their friends list may be broader than their close circle of friends.

Also, just because you keep things professional on your business social accounts, doesnotmean you can post whatever you want on your personal accounts. People will find you, and there is nothing you can do about that. Even if your personal profiles are visible only to friends, the things you say and share can still be screencapped and blasted all over the Internet before you even know it. No matter how much you want to trust that your cousin or your high school pals will respect your privacy, youre better off assuming that if you say it online, its fair game toanyone.

On November 9, 2016, the Indianapolis Police Department contacted the Cyber Crime Unit for its assistance in a suspected cybercrime regarding the vandalism and theft of Ghostly Paths, owned by Terry/Terri Fyde. I was assigned the case. As the Lead Analyst on this case, I am responsible for reviewing information from a variety of sources, employing techniques in computer forensics for cyber tracing, and data recovery, and working as an integral unit with the Indianapolis Police Department for the determination and case development of a cybercrime.

My initial task was to understand the underlying crime. I reviewed the initial IPD Incident Report prepared by Officer Miranda Rhyz. Exhibit 6 is a true and accurate copy of the Indianapolis Police Department Incident Report dated November 2, 2016. Nothing in that Incident Report suggested that a cybercrime was involved or related to the vandalism and theft crimes of November 1, 2016 at Ghostly Paths. I then reviewed the written confession of Robin Goodes. Exhibit 7 is a true and accurate copy of Goodes written confession. Goodes stated that he/she committed the theft and vandalism due to Lou Slipps Blog Update dated October 27, 2016 and the responses thereto posted between October 27, 2016 and November 1, 2016. Upon reviewing Lou Slipps Blog and Blog Update (Exhibits 1 and 4, respectively), I was unable to establish evidence of the commission of a Cyber Crime. Neither the Blog nor the Update, in my opinion, incited, provoked, or induced a crime to be committed.

For my next step, I reviewed the various responses to the Blog Update (Exhibit 5). Some of the messages, I believe, were potentially criminal in nature, and were suspect for inducing violence against Ghostly Paths and Terry/Terri Fyde. I identified five (5) messages that I determined were suspect and warranted further investigation to identity the individual (s) posting such messages, the date and time said messages were posted, and any personal communications between Lou Slipps, Robin Goodes, and/or Terry/Terri Fyde. Exhibit 8 is a true and accurate copy of my notes of the suspect messages, along with the IP address, date and time of post. Exhibit 8 was prepared by me and I have personal knowledge of the contents therein. The record is kept in the regular course of my work as a cybercrime analyst, and it is the regular practice for me to make such records.

I used computer forensic techniques to identify the IP addresses for the identified messages. Just as every house has an address, every computer connected to the Internet has an address. IP stands for "Internet Protocol." A simple search tool will get you the following information: the internet service provider, the hosts name, the country, region or state, city, and latitude and longitude of the location.

I determined that two of the five suspect messages were generated from a public computer at the Indianapolis Public Library at the Central Library, IP 12.56.428.183 and IP 12.56.428.184. I was able to trace IP address 172.056.23.971 to the home computer of Robin Goodes.

The use of a computer at a public library complicates the forensics, but it does not foreclose identifying the user. Public libraries have established policies to maintain anonymity of their users, as well as privacy and confidentiality while using the librarys computers and/or internet. A library will not release the names of persons using its computers or information accessed on the web or via electronic databases by members of the public, except as required by law.

In this instance, a subpoena of the sign-in records for the computers used on October 28th at 10:14 and on October 29th at 17:35 did not provide useful information because the sign-in records were destroyed within 7 days from the dates used, per library protocol. Moreover, no content would remain on the hard drive for the computer used for the transmissions. Per library protocol, a computer station will reload a blank configuration after a user logs out so that subsequent users do not have access to information or searches from the previous user. No logs are maintained as to which patron used which computer at which time. Once the patron logs out, everything is wiped.

Nevertheless, I was able to determine the specific computer used for those two messages. Each computer station within the library has a different IP address. Once the actual computers were identified, I use other investigative techniques to actually place an individual at the keyboard. The footage from several of the librarys security cameras showed Lou Slipps entering the library, entering the computer area and sitting at the designated computers on the relevant dates and during the window of time to post the messages. The arresting officer, Miranda Rhyz, told me that Lou Slipps initially denied using the library computers to post the messages, but when confronted with the video evidence of the surveillance cameras admitted to using the computers to post the two identified messages.

A subpoena for the computers and telephones of Lou Slipps for communications on or after October 28, 2016 did not reveal any additional threats or communications between Slipps and Fyde or Ghostly Paths. Also, those records did not establish any communications between Slipps and Goodes. However, a subpoena for of Robin Goodes computers and telephones showed that he/she used a home computer (IP 172.056.23.971) on October 28th to access Slipps Blog and to post a message to the Blog at 14:26.

My role as an IC3 cybercrime analyst is to provide computer forensic expertise to assist law enforcement. Based upon my review of the cyber aspects of this case, it is my opinion that Lou Slipps aided in the crimes committed by Robin Goodes by inciting and inducing Goodes to destroy the business.

I am an analyst, not an investigator. My focus has been on following the cyber trail and where it leads, following the bytes of crumbs, so to speak. Thus, I did not examine or investigate the crime scene. I have not undertaken an independent investigation of the underlying crimes, that is the vandalism and theft. I did not review the fingerprint analysis. I did not interview or interrogate Robin Goodes or Lou Slipps. Also, I have not interviewed Terry/Terri Fyde. As part of my analysis, I have presumed that Goodes confession and the statements therein are true. There is no reason to conclude otherwise. I also did not review Goodes criminal record or plea agreement. I do not know whether Goodes received more lenient sentencing for the vandalism and theft to Ghostly Paths. The sworn statements in this case were prepared after my investigation, so I did not review them.

I was not aware that Goodes and Fyde had a previous run-in. I was unaware that Goodes was agitated for not being given a chance for employment at Ghostly Paths. I also was not aware of an anonymous post to Fydes Cheez page, prior to Slipps update to the blog, that Fyde was unpatriotic and had defaced the grave of President Harrison. Had I known about this message, I would have been able to use my computer forensic techniques to determine the identity of the sender of the message.

I affirm under penalty of perjury that the foregoing is true and correct to the best of my belief and knowledge.

Jay Hull .

Statement of Aaron/Erin Guntley

My name is Aaron/Erin Guntley. I am a Professor in Social Psychology at Indiana University in Bloomington. Exhibit 9 is a true and accurate copy of my Curriculum Vitae. It was prepared by me and I have personal knowledge of the contents therein. My curriculum vitae is kept in the course of my profession, and it is the regular practice for me to make such records.

Given my specialized expertise in social psychology, I am often asked to testify as an expert. I have testified in 25 criminal cases in federal and state courts in Indiana. I have been retained as an expert for the prosecution in approximately 80% of the cases. I have also testified in 8 civil cases; all expert testimony in the civil cases has been for the plaintiff. As an expert witness, I am paid $1,000 for an initial consultation and any trial testimony is billed at $450.00 per hour.

Public shaming or public humiliation has been around for centuries. In colonial times, a person might be flogged in public. For lesser evils, the transgressor would be subjected to wearing a sign or symbol, while other wrongdoers were placed in stockades in the town square.

One reason to punish by shaming is deterrence. The idea is that people will not, or be less likely to, engage in shameful activity. Another reason is retribution. Shaming is a way of equalizing the harm done. Theoretically, the punishment should be comparable in severity to the harm done.

As the evolution of the internet has gone into hyper speed, so has the use of the internet, and particularly social media, for public shaming. The prevalence of shaming through social media has multiplied exponentially. Blogs dedicated to shaming now populate internet space. At first, it was fairly tame people complaining about poor service at some restaurant or the airlines. Then, it got meaner. Cyberbullying has become prevalent in society. Internet users make a sport out of trolling targets. Calling out an individual through social media isnt simply saying something is not cool. Rather, it is a request to have someone put in the digital stocks, where a potentially unlimited number of people can throw digital stones at them. The Internet mob acts as judge, jury, and executioner and flogs the target in the internet town square. And it turns out to have real-life consequences for everyone involved. Overnight, a private individual can become publicly humiliated worldwide. On the internet, there are no parameters or restrictions of how large the crowd can be for public shaming.

Two fundamental problems are inherent with social media flogging. First, shaming often is a knee jerk reaction and snap judgments. Postings to the internet, replies, and responses occur at lightning speed. Often there is very little information about the target, sometimes only a single tweet. Yet there is a presumption of guilt and swift move toward judgment, with no process for ascertaining facts. Facts go unchecked because of the lack of standards for fact-finding. People base their opinions on unchecked statements. Words or photos can be taken out of context, and are only a snapshot of what is happening, or what has been said, but it may become the whole story instead. Other postings may be attributed to the wrong person, or even misrepresented, intentionally or accidentally. Consequently, an online witch hunts is borne out of dangerous speculation that took place on the website.

The second fundamental problem of social media shaming is that often the punishment goes beyond the scope of the supposed crime. Too many internet shame campaigns dispense punishments that are too severe for the crime. Shaming is justified as serving the greater good. But, the fact remains that the shamer is still just a bully. Social media has created an aggressive culture of public shaming in which individuals purposely inflict psychological damage. Moreover, internet speech can be cruder and crueler than our real-life interactions. There is a significant disparity between how we behave online and how we deal with each other face-to-face. The internet can be a pretty snarky place. One of the reasons social shaming is such a phenomenon is because it encourages pithy remarks. There is an online disinhibition effect in which people lose the sense of self. They do things they might never do in public. We become detached due to the distance from the people targeted and anonymity through the internet. It is easier to become incensed without face to face dialogue.

Frequently, shamers become emboldened and empowered to publicize an attack of a wrongdoer. Through the internet, they have a megaphone for the whole world to hear, support, and encourage. There are millions of Twitter accounts with more than 1,000 followers, and millions on Facebook with more than 500 friends. Engaging in a shaming campaign is not a decision to be taken lightly. The internet doesnt do take-backs if one changes their mind later. Online shaming is a door that swings only one way: You may have the power to open it, but you dont have the power to close it. Our failure to grasp our online power has become a liability personally, professionally, and morally.

There are public service announcements and campaigns that attempt to curb cyberbullying and social media shaming. For example, #clickwithcompassion encourages internet users to think before you click and if you would not say something face-to-face, not to click or post. Emphasis is also placed on avoiding clickbait. Blogs like the one Lou Slipps posted are clickbait. It entices you to join in the public humiliation and fuels anger and potentially violent acts. These efforts are laudable. However, unless there are real consequences to hold people accountable, effectuating change will be slow. We need to prosecute, convict and sentence those inciting violence through social media.

Mob or herd mentality, another concept of social psychology, is integral to social media shaming. While we all like to believe we have the fortitude to stand by our own convictions during any situation, most of us tend to follow the behaviors of others. When enough of us get together, we end up doing things that are out of character for us that we would never do on our own. Psychologists refer to this phenomenon as herd or mob mentality.

A person, like Lou Slipps, who begins a vigilante campaign of public shaming, creates a mob mentality among followers of the blog. A mob is capable of violence, as well as destroying the lives and careers of someone singled out for shaming.

When people are part of a group, they lose their sense of individual identity or self-awareness, called deindividuation. When people deindividuate, they are less likely to follow normal restraints and inhibitions. Groups can generate a sense of emotional excitement, which can lead to behaviors that a person would not typically engage in if alone. The group seems to make some behaviors acceptable that would not be acceptable otherwise.

Deindividuation obviously does not occur every time people get together in a group, and there are some group characteristics that increase the likelihood of violence, such as group size and physical anonymity. First, many people believe they cannot be held responsible for violent behavior when part of a mob because they perceive the violent action as the groups (e.g., everyone was doing it) rather than their own behavior. When in a large group, people tend to experience a diffusion of responsibility. Typically, the bigger a mob, the more its members lose self-awareness and become willing to engage in dangerous behavior. Second, physical anonymity leads to a person experiencing fewer social inhibitions. When people feel that their behavior cannot be traced back to them, they are more likely to break social norms and engage in violence.

We are all susceptible to participating in some group behavior, but researchers have found that certain situations and personality characteristics play a role. The greater individuals feel like they identify with a group, the greater the pressures for them to conform and deindividuate become. Group violence is most likely to occur when the group is large, people are able to remain anonymous, and people experience a diffusion of responsibility. Thus the internet and social media shaming are the perfect breeding grounds for mob behavior.

I have reviewed all of the statements prepared in this case. I have also reviewed Lou Slipps Blog dated June, 9, 2016, Terry/Terri Fydes response posted June 12, 2016, Slipps Blog Update dated October 27, 2016 and the responses thereto posted between October 27, 2016 and November 1, 2016. I have also reviewed the Indianapolis Police Dept. Incident Report of Vandalism and the Statement of Confession of Robin Goodes. I devoted an hour and 50 minutes in my thorough review of these relevant statements and documents.

I did not review other blogs, messages, or communications other than those included in Exhibits 1, 2, 4 and 5. I have worked with Sgt. Hull in other cybercrime cases and know that he/she is meticulous in analyzing the implications of cyber communications. I trust Sgt. Hulls work in determining the pertinent digital communications involved in this case. I do not believe that additional review of documents, witness testimony, or other information was necessary. I had all the facts and information I needed to make a fully informed opinion. So, I have neither interrogated nor performed any psychological examination of Slipps or Goodes. I also have not interviewed Terry/Terri Fyde, and I did not go to the crime scene.

Based upon my review of the pertinent statements and documents in this case, and given my extensive knowledge and expertise in studying social psychology and societal behavior in public shaming and crowd mentality, it is my expert opinion, that Slipps knowingly and intentionally induced Robin Goodes to commit violent and criminal acts against Ghostly Paths and Terry/Terri Fyde. Slipps original post suggested Ghostly Paths and Terry/Terri Fyde were frauds, taking advantage and exploiting the nave or gullible consumer. Slipps infers greed is the reason for deceiving the customer. Slipps did not specifically call for a criminal act to occur, but the emotionally charged words planted the seed for the crowd to right the wrong. Slipps refers to consumers merely looking to be entertained, and thus creates a large group of persons, particularly readers of the blog, that identify with each other.

Slipps October 27th message is rooted in resentment and even anger. Slipps rallies the internet crowd to join in targeting Terry/Terri Fyde and Ghostly Paths. With righteous indignation, the crowd will identify with the hard working, good and decent people, and feel the need to lash out and punish Fyde and Company. Slipps attacks the character and integrity of Terry/Terri Fyde, who are described as having disdain for the customers. Adding fuel to the fire, Slipps posts the graveyard photo to the Blog and emphasizes Fydes disrespect of cemeteries, the President, poultry farmers, and Avian flu victims. Then, prompting the now angry mob of readers to pick up their pitchforks, Slipps says Its up to you now.

Slipps intentions to incite the crowd become even more apparent when Slipps, under cover of anonymity, posted his/her own responses to his/her blog suggesting violence. Someone needs to destroy your business, (October 28, 2016 at 10:14 a.m.) and Watch your back Terry/Terri, Petra, and Misty. (October 29, 2016 at 5:35 p.m.)

The responses are quick and equally angry. Within days of the blog and Slipps anonymous messages, the mob reacts in a frenzy. Specifically, these messages demonstrate the heightened level of anger:

I hope you are haunted for the rest of your life by what you have done.

Youre a fraud and a scammer. I hope you rot in your grave.

Youre a joke. I hope the last laugh is on you.

I hate you and your paranormal family and friends.

Karma will prevail. You will get what you deserve.

Right on Slipps! How dare Fyde criticize you for not understanding the fun in ghost tours. People who live in glass houses shouldnt throw stones.

I hope you die and someone disrespects your grave.

The last message, we now know, was posted by Robin Goodes, and notably was posted only days after Slipps October 27th Blog. Prompted by Slipps, Goodes became judge, jury and executioner. Robin Goodes believed he/she was part of a like-minded group joining forces with Slipps.

Slipps denies that he/she intended to cause Goodes to commit the crimes. Slipps defense is that he/she was only seeking Internet traffic to the blog. Yet, Slipps intentionally and knowingly used the power of his/her words and the power of the internet to cause the criminal acts against Ghostly Paths and Terry/Terri Fyde. Slipps recognized that "it's easy and thrilling to hate a stranger online. The online hate messages put words into action when Slipps posted contact information for the Ghostly Paths business and the residences of Terry/Terri, Petra and Misty Fyde.

Finally, in reviewing Robin Goodes testimony in this case, I am aware that Goodes had another angry encounter with Fyde when Ghostly Paths did not provide Goodes with a job opportunity. Certainly that encounter played a part in the anger that Goodes had toward Fyde. However, the catalyst that put the bricks in Goodes hands was the message from Slipps that the business needed to be destroyed. The sequence of events is telling. Goodes angry encounter with Fyde occurs in July, 2016. July goes by without any repercussions. August nothing. September nothing. Then on October 27th, Slipps posts the graveyard photo and the scathing condemnation of Fyde and the business. The following day, Slipps suggests in an anonymous post that the business needs to be destroyed. A few days later, Goodes destroys the business through vandalism and theft. Without Slipps coaxing and cajoling, Goodes likely would have let bygones be bygones. Instead, Slipps gave Goodes a reason to fight for the greater cause and common good.

I affirm under penalty of perjury that the foregoing is true and correct to the best of my belief and knowledge.

Aaron/Erin Guntley .

Statement of Lou Slipps

My name is Lou Slipps. I live at 1234 Constitutional Drive, Indianapolis, Indiana. I was born and raised in Boston, Massachusetts. I stayed in Indiana after completing my Bachelor of Arts and Masters in Journalism degrees at Indiana University. I am a freelance writer contributing to travel magazines and similar publications. Several of my articles appear in airline magazines that are available for passengers in-flight. When I am not traveling and writing for my freelance career, I occasionally do some blogging. I am the creator and editor of Watch Out blog.

The articles I write for my freelance career are paid-for pieces to generate enthusiasm for the tourism and travel industry. My blog also focuses on tourism and the travel industry. The difference is that the blog is a more honest body of work. In the blog, I can write about the good, but I dont have to turn a blind eye to the bad and the ugly. The majority of the content of my blog is exposing and shaming companies in the tourism and travel industry that take advantage of consumers through scams, greed or just poor service. I call the blog Watch Out because I want consumers to watch out for questionable businesses. I also like to bring attention to, or watch out for, good companies in the industry. I champion the underdogs who may not have funds to advertise but have novel tours or businesses.

I make some money through my blog, but currently my freelance writing is my bread and butter. The blog generates income from PPC (Pay Per Click) advertisements in banners and sidebars. Each time a reader clicks on my ads, I am paid for that click. I also have some advertisers in the travel industry that contact me directly to place advertisements on my blog. The blog also generates interest in my travel guide eBooks and my App for travel itineraries.

I have a lot of followers of the Watch Out blog. Ninety-nine percent of the followers are positive. Now and then I have some negative feedback. The negative feedback can have a negative effect on my eBook and App sales. I also have been sued five (5) times for libel based upon my criticism of businesses in the Watch Out Blog. All of those cases have been dismissed. I have not had to pay a dime in settlements or judgments. The statements I make in my Blog are factual and can be verified by independent resources. Other statements in the Blog are merely my opinions and therefore are not libelous.

The primary goal of my blog is to educate the public. Content that exposes scams, fraud, greed and poor service, alerts consumers that these types of things exist. My goal in shaming is to change the behavior of those shamed. Followers of the blog are shocked at these business practices, which is exactly what I was hoping for. The blog works then, perhaps, to incite people to fight back against bad business tactics. While public shaming may not always be effective in changing the behaviors of those shamed, it may deter others.

I suppose that public shaming could go too far. I never thought that the people or businesses that were shamed would be harmed or receive more punishment than, perhaps, a hail of tweets. To me, going beyond shaming is not the point of the site. I dont want to encourage anyone to take further action. I suppose I could have removed a blog, like the one on Ghostly Paths, if the responses are aggressive or hateful. The response messages to my blog seem always part of the shaming aspect and people wanting to vent. So, I have never removed a blog. And what would be the point of taking down a blog. Once it is posted, I dont have the power anymore. The Internet has it now, and nothing I say or do is going to change that.

I often receive tips from blog followers of questionable business practices. I never print anything based upon what a reader tells me. I always independently verify facts. The proliferation of opinions on social media often leads to statements not based in fact. I consider myself, first and foremost, a journalist. It is my job as a journalist to find truths and expose frauds. The expos articles that I write are a form of investigative journalism where the author performs an in-depth inquiry on a single topic, exposing previously unidentified facts that generate a strong reaction from readers.

One of my blog followers told me that the Ghostly Paths tour was a big hoax, so I decided to check it out. I booked a tour through the company on Memorial Day weekend and I approached the tour with an open mind. When I went on one of the Ghostly Paths tours, guided by Terry/Terri Fyde, I was aghast that much of the tour was not based on historical events, but rather loosely used history to create drama. Fyde, acting all dramatic, used gizmos and pretended to detect ghosts all around the tour sites. I nearly laughed out loud.

I do not have a vendetta against Ghostly Paths or Terry/Terri Fyde. This was business, not personal. I was right to criticize and shame Ghostly Paths and Fyde for scamming the public. It advertises the tours as experiencing the paranormal. During the tour Ghostly Paths uses electromagnetic field detectors to create a dramatic atmosphere. The use of any kind of measuring equipment to detect ghosts is fundamentally, and completely, bogus. There is no scientifically proven link between the existence of ghosts andelectromagnetic fields. Ghostly Paths use of such equipment is fraudulent and I make no excuse for calling them out on it in a public forum.

After I wrote the Blog of June 9, 2016 exposing Ghostly Paths as a fraud, Terry /Terri Fyde called me out in a response dated June 12, 2016. (Exhibit 1 is a true and accurate copy of my Original Blog of June 9, 2016. Ill be honest - - I thought Fydes response to my Blog was lame. Fyde did some name-calling called me smug and said I sit in an ivory tower pontificating. Fydes response didnt make me angry. It didnt even upset me. Ive been called worse things before, and even been sued for some of my blogs. This was nothing. In fact, I thought Fyde made my case for me. Fyde insulted the gullible, saying that they have bigger problems than believing in ghosts, if they are so easily swayed. Surely the readers to my blog, on their own, picked up on how pretentious and insulting that statement was. Fyde also confirmed that it was all about boosting business and saw no harm in telling stories. If anyone brought on the ire and anger of the public, it was Fyde and his/her condescending attitude and disregard for good, hard-working people.

I was content to let it go at that to let Fydes response speak for itself. It is absolutely false that I confronted Fyde to rant and rave about his/her response to my Blog. The truth is that Fyde confronted me. I went to the store a few days after Fyde posted the response to my Blog. I did not go to the store to confront Fyde, but rather to pick up literature for the ghost tours in the event I decided to do a follow-up Blog. It is not unusual for me to do more than one Blog about a particular business or industry. When I was in the store, minding my own business, Fyde recognized me, I presume from my photo on my Blog page. It was a brief interaction, and I dont recall much of what was said. I know I did not say anything threatening to Fyde. As I recall, Fyde called me pond scum.

I did not stalk Fyde or anyone associated with Ghostly Paths. Sure, I went to the store a few times to check out the ghost hunting equipment. And, yes. I would go to key locations of the ghost tours. It was all in the name of research and fact-finding, for a follow-up blog, if and when I decided to write a follow-up expos.

Then in late October, one of my readers sent me the graveyard photo and the screencap of Fydes Cheez page. A screencap is a screenshot of a page on the internet. I dont know how the person came to having Fydes screencap - maybe a friend sent it to a friend, who sent it to their second cousin, who sent it to me. Or maybe someone was trolling Fyde because of Fydes cavalier attitude toward customers. Nothing is private on the internet. I can tell you this much I did not dox Fyde.

I recognized that the photo posted on Fydes Cheez page was at the Crown Hill Cemetery and specifically at the grave site of President Benjamin Harrison. The joke was a sign that said I told you I was sick. I noticed that the sign was leaning up against one of the flags at the gravesite. Fyde then captioned the photo with more jokes that the flu has gone viral and another victim of fowl plague. I couldnt believe the utter contempt for our President and for the cemeteries that give Ghostly Paths access to conduct the ghost tours. Now I had him/her. So, when it landed in my lap, I took advantage of the opportunity. I thought the public deserved the right to know.

I understood at the time that Fyde did not intend for the graveyard photo to go out to the public. It was a joke among Fydes friends. To me that was irrelevant. What was important for the public to know is that when you pull back the curtain, Fydes true character, unfiltered and real, is exposed. In this one photo, along with the caption, Fyde is revealed as someone who lacks even a modicum of decency and respect. Fydes business does not care about history and does not care about people, other than the money they pay for the tours.

On October 27, 2016, I posted an Update to the June 9, 2016 Blog. Exhibit 4 is a true and accurate copy of the October 27, 2016 Update to my Blog. As I mentioned, it was always my intention to update the Blog, if new facts or information would be of interest to my readers, or my advertisers. It just so happened that in early October, a company that sells only made in America products entered into a contract to advertise on my website on a PPC basis. Any reader of my Blog that would be offended by Fydes use of the flag to prop up a disrespectful sign at a cemetery, at a Presidents grave no less, would likely click on an advertisement for a patriotic company.

Fydes June 12th posting was demeaning and condescending toward the people on Ghostly Paths tours who are swayed by the chicanery and hocus pocus. If that wasnt enough, Fyde in contradiction of the Companys tours that celebrate the historical events in our city, showed disregard for those very places. Fyde admitted that the joke was in bad taste and poor judgment, but Ghostly Paths is laughing all the way to the bank. Fyde thumbed his/her nose at the sacred grounds of our cemeteries, and disrespected President Harrison, poultry farmers, and those who have suffered illness, and even died, from the avian flu. So yeah, it made me angry. You should be incensed too.

I channeled my anger in a productive way. I exercised my Constitutional Rights of Free Speech and Freedom of the Press. I wanted to make the public aware of the true nature of Fyde and the Ghostly Paths business. As I said in the October 27th blog, Only through awareness can we seek social change. I did not take any violent actions. I neither encouraged violence nor wanted violence. I sought only to begin a public shaming campaign. My October 27th blog asks my followers to join me in publicly shaming Terry/Terri Fyde and Ghostly Paths. How much more clear could I have been of my intentions. Readers of the Blog were asked only to post a reply on my blog, or call or send an email to Terry/Terri Fide and Ghostly Paths. I included Fydes sisters, Misty and Petra, in the public shaming campaign as it is a family run business and I thought they shared in the responsibility of how the company and employees behave.

I think it is incredulous that posting addresses and contact information has been interpreted as some nefarious act or intent on my part. Much like social media today, without adhering to fact checking standards, a statement can be taken out of context and then it becomes the story, even though it has been completely misinterpreted. I did not provide addresses and phone numbers for people to behave violently or to commit a crime against the Fydes or Ghostly Paths. The contact information was provided solely to effectuate the public shaming campaign. Public shaming can take all sorts of forms. It can include posting messages on the internet through all of the various social media avenues, boycotting a business, picketing at a residence or business, or writing a letter delivered the old fashion way through the mail service. That is all I intended. I had no intention and did not knowingly post addresses so that a crime would be committed.

Likewise, the intent of my October 28th and October 29th posted responses to the October Blog has been completely misinterpreted. The public shaming campaign against Fyde and Ghostly Paths was starting off slower than I had expected. A few of the followers had responded within the first couple of days. However, I was surprised that there wasnt more disgust, given Fydes smug attitude and contemptable actions. I wanted to drive more traffic to my Blog, which of course would also generate more income. I thought that maybe I could stir things up a bit. My belief was that once readers of the Blog recognized that Fyde needed more than a slap on the wrist, but rather a public flogging, that responses would multiply because it's easy and thrilling to hate a stranger online. I chose my words carefully. I wanted the posted responses to be a rallying cry for justice. So, I said that Someone needs to destroy your business and that the Fydes need to watch their backs. I intended nothing criminal in nature. I meant only that a business premised on greed and disdain for their patrons should not be in business.

The reason I posted the responses anonymously was to let the readers operate under the assumption that there were others who shared their outrage. I am not proud of it, and in fact it embarrasses me to this day to look back and see that I lost my journalistic standards and objectivity. I was willing to manipulate the publics perception just to gain a few more pay-per-clicks. Call me greedy, but I am not a criminal.

I admit that I used the Marion County Public Library computers to post my anonymous messages on the morning of October 28th and then again on October 29th after 5 p.m. I was aware of the librarys privacy and confidentiality policy to destroy sign-up records identifying computer users within seven days. I also was aware that the computers are re-set and do not retain a history on the hard drive of searches or sites accessed. I did not use the library computers as an attempt to hide from the law. I never even anticipated criminal activities as the result of my posts. So why would I think that I needed to hide from the law when I was posting those comments? I was only trying to cover my tracks from followers of my Blog. I know that many of my Blog followers are savvy computer users and I did not want one of the readers to discover through doxing that I was posting anonymous messages to my own Blog. Obviously it was disingenuous, and I regret it.

When I was questioned by Officer Miranda Rhyz about using library computers to post messages to my October 28th blog, I denied ever using the librarys computers. I admit I lied to her. I didnt think the computers could ever be traced back to me, and even though I did nothing wrong, I was scared that someone might misinterpret the facts and think I was Goodes accomplice. When I was shown the footage from the librarys surveillance cameras, I put everything out on the table. I admitted to using the library computers, to posting the two anonymous responses to my Blog, and pretending to be an outraged follower of the Blog. But, as I said then, and as I repeat vehemently now, I never intended any criminal activity would come from a few harmless internet messages. I even offered to take a polygraph to show that I wasnt lying. Officer Rhyz declined that offer.

I read in the news that Ghostly Paths had been vandalized November 1st. I presumed that the vandalism was the work of a disgruntled employee or customer, or maybe just some anti-ghost hunters group. I didnt think it had anything to do with my Blog, and I still dont think it does. Still, within three days of the vandalism to Ghostly Paths, I removed all blogs and comments to the blogs that pertained to Ghostly Paths and Terry/Terri Fyde. Public shaming was moot at that time anyway.

I have never had any contact, in person, by phone, by internet or any form of communication, with Robin Goodes. I have never met Robin Goodes. I did not know Robin Goodes and I never even heard of him/her. I was unaware that Robin Goodes followed or read my blogs. I had no knowledge that Robin Goodes posted a response to my October 28, 2016 Blog.

I do not have any remorse for the damage caused to Ghostly Paths as I am confident it had nothing to do with me. I cannot control what another person decides to do. Goodes had his/her own personal vendetta against Ghostly Paths or Terry/Terri Fyde. Goodes vandalized and stole items from Ghostly Paths to settle some score that had nothing to do with me or my Blog. When a company like Ghostly Paths treats many people with disrespect, youre going to make many enemies. You cant connect the dots between all of the people that Ghostly Paths and Fyde offended and somehow say we are all responsible for each others actions.

I affirm under penalty of perjury that the foregoing is true and correct to the best of my belief and knowledge.

Lou Slipps .

Statement of Robin Goodes

My name is Robin Goodes. I am currently in the Marion County Jail serving a 1 year sentence for the vandalism and theft of Ghostly Paths on November 1, 2016. Prior to jail, I resided at 4513 E. 38th Street, Indianapolis, Indiana.

My last job, before jail, was as a ticket sales cashier at MovieTimes in downtown Indianapolis. I worked there for a year and 5 months. It was the longest period of time that I held a job. It didnt pay all that well, but it was enough. I liked the job. It was a good place to work. People go to the movies to have fun and be entertained. Theyre in a great mood. Im good with that.

I lost my job at MovieTimes in April, 2016. I was fired. I think I was pretty good at that job. Sometimes the manager, Xavier Breth, would have to remind me to keep the line moving because I sometimes get chatty with the customers. Xavier would say, If you ran like your mouth, youd be in good shape. We were cool though. I didnt get any warnings for talking too much. But my mouth eventually did get me in trouble.

MovieTimes has a policy of three strikes and youre out. Xavier wrote me up in January, 2016, then twice in April, for losing my cool with some of the moviegoers. I mean, people can sometimes get under my skin and just bug me, especially if theyre rude or disrespectful. For the first year on the job, I was able to just chill. If a customer irritated me, I would take deep breaths. Then, starting in January, I was fed up with playing nice if I was disrespected. I was even more outraged when I saw someone else, a co-worker or a customer, disrespected. I didnt, or couldnt, stay silent. Id give the jerks the what for. My attitude is based on how I am treated. The way I look at it is that I dont treat people badly; I treat them accordingly. Because what you allow, is what will continue. But, apparently when you treat people the way they treat you, they get offended.

I honestly believe that I wasnt in the wrong for my angry outbursts. One of the times, there was this nice little old lady buying a ticket fumbling around for a dollar she hid at the bottom of her purse. An inpatient moviegoer waiting in line said something derogatory about old people. I yelled back to the inpatient customer, Hey, dont you have to be stupid somewhere else? Hmm. I guess not. Strike One. The next time a co-worker sold tickets to a customer for the wrong movie. When the irritated customer returned to exchange the tickets, He demanded free tickets for his inconvenience and said the clerk was stupid. I was really offended. It was an honest mistake, so I said, Everyone has a right to be stupid, but youre abusing the privilege. It boiled over into a shouting match until my manager told me to go to the office. Strike two. In late April, 2016, a customer talked down to me like I was dirt. I stepped out from behind the counter, puffed up, then grabbed the fountain drink out of her hand and threw it in her face. Strike Three. If I was meant to be controlled I would have come with a remote.

After I was fired from MovieTimes, I had difficulty finding a new job. It really brings you down. You start feeling worthless. It had been a few months of job rejection after rejection, and then in July, 2016, I saw the Now Hiring. Apply Within sign in the window for Ghostly Paths. Wow, I thought, a perfect fit. I like the entertainment industry and I had experience in ticket sales for shows. I also thought that my people skills could be a boost to sales. The sign in the window did not say that Ghostly Paths was looking for actors and storytellers. In fact, one of the employees there told me that they needed help in the store with ticket and store sales.

The employee introduced me to Terry/Terri Fyde. I started rattling off my experience and showed my enthusiasm to continue working in the entertainment industry. I was really excited about this job. Fyde wouldnt even give me an application to fill out. Fyde said I wasnt qualified. How could that be? I could tell Fyde looked down on me. Fyde had a smug, Im better than you look. I wasnt even given a chance. This rejection stung more than the others because I knew it was a job right for me, and right for that business. I was not given a chance. It was a punch to the gut. I left angry. I slammed the door on the way out and said you shouldnt make judgments about people.

After the rejection for a chance at employment at Ghostly Paths, I was more curious about the company. I did some searches on the computer about Ghostly Paths and Terry/Terri Fyde. I wanted to see if there was bad news about the company. I wanted vindication that the Company wasnt one where I would want to work. My web search stumbled across the June, 2016 Blog of Lou Slipps. Exhibit 1 is a true and accurate copy of the June, 2016 Blog that I read. I also saw Terry/Teri Fydes post responding to the Blog. Exhibit 2 is a true and accurate copy of the June, 2016 posted response from Fyde. It confirmed my view that Fyde was smug and looked down on people. It made me feel better that Fyde and Ghostly Paths had been shamed on the web. It seemed like a just punishment for such snobbish attitudes.

I still was curious if Ghostly Paths would stay in business after the way I was treated and after Fyde demeaned his/her customers. So, I set up an Alert to monitor the web for any new and interesting content involving Ghostly Paths and/or Terry/Terri Fyde. I fully expected to receive an Alert that the company was out of business.

I was not, and have never been, a follower of Lou Slipps Blogs. In fact, prior to my internet search on Ghostly Paths, I had never heard of Lou Slipps or the Blog. Even after I read Slipps Blog, I did not continue to follow it to see what else he/she had to say. Also, I never read the comments to Slipps Blog. Im only interested in facts, not peoples opinions.

In late October, I received an Alert notifying me of the Updated Blog by Lou Slipps. Exhibit 4 is a true and accurate copy of that October 27, 2016 Blog posted by Lou Slipps. I read the updated Blog out of curiosity as to what trouble Ghostly Paths may be in now. But, I didnt need to read Slipps Blog to be infuriated. I had already formed my own opinion of Fydes condescending response posted by Fyde in June. I also formed my own opinion of Fydes graveyard photo and Fydes caption under the photo. Sure, Slipps posted the photo and caption, but it was all of Fydes doing that it was even out there for the world to see.

The more I thought about Fyde and his/her derogatory June 12th post and then the recent event of Fydes disrespect at the graveyard, the more it reminded me of how Fyde disrespected me when I was looking for a job at Ghostly Paths. I thought I was over my anger at being rebuffed by Fyde, but that obviously wasnt the case.

On November 1, 2016 at about 10:30 p.m., I threw three bricks into the window and glass door of the Ghostly Paths store located on Monument Circle in Indianapolis. The bricks broke the window and door. Once inside, I sprayed paint all over the walls and smashed things in the store whatever I could find stuff for sale, tables, and chairs. I also took some things in the store. I vandalized the store and stole the property because I wanted to destroy the business of Ghostly Paths and make Terry/Terri Fyde suffer. Fyde disrespected me, and disrespected his/her customers. Fyde was disrespectful at the cemetery too. I thought that Terry/Terri Fyde needed an attitude adjustment.

I was arrested for burglary, criminal trespass, and theft on November 8th. This wasnt my first arrest for a felony. In the past ten years, I was arrested five other times. Only three arrests led to convictions. The other two cases were dismissed. In 2007, I was angry with a former employer for insulting me in front of my co-workers, so I broke into the company office late at night, smashed 10 windows and then sprayed paint up and down the walls in the entire building, causing nearly $8000 in damages. I was convicted of criminal mischief, a Class C felony at the time. In 2012, a neighbor in my apartment complex parked his car in my assigned parking spot, even though I had confronted him on two other occasions not to park in that spot. It was all about respect. When he parked in my spot again, I got angry and I slashed all of his tires, hurled bricks through the car windows, and keyed the car. On that occasion, I didnt realize that the apartment complex had surveillance cameras, and they caught me in the act. I pled guilty to criminal mischief, a Class D felony. Then in late, 2014, I was having lunch with a friend at a restaurant, trying to have a conversation, but this woman at the table next to us was talking on the phone so loud that we couldnt carry on conversation without elevating our voices. I went over to the table to get her to notice that she was being disruptive and disrespectful to everyone else in the restaurant, but she just turned away. So, I took her iPhone and ran off with it, no