CAUSE NO.

_____ _
DR. RICHARD MALOUF
Plaintif
V.
MARY CANDACE EVANS, LAURA C.
WILSON, BELO CORORATION,
WFAA-TV, INC., AND BYRON HARRIS
Defendants.
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IN THE DALLAS COUNTY
COURT AT LAW NO.
OF DALLAS COUNTY, TEXAS
AFFIDAVIT OF DR. RICHARD MALOUF
STATE OF TEXAS
COUNTY OF DALLAS
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BEFORE ME, the undersigned Notary Public, on this day personally appeared Dr.
Richard Malouf, who, being by me duly swor upon his oath deposed and stated the following:
1. "My name is Richard John Malouf, DDS, I am over the age of twenty-one (21)
years, have never been convicted of a felony or a crime involving moral turitude, and am flly
competent to testify in all respects. I have personal knowledge of all facts set forth herein, and
they are all true and coiTect.
2. I am personally familiar with ce1iain events, communications, and publications
attached to this Affidavit and Plaintif's Original Petition, Application for Temporary Restraining
Order, Application for Injunctive Relief and Request for Disclosure (the "Petition"). I am also
intimately familiar with my home, the real prope1iy located at 10711 Strait Lane, Dallas, Texas
75229. I have reviewed relevant miicles, publications, broadcasts, and copies of documents and
communications that are relevant to this matter. As a result of my personal involvement in these
AFFIDAVIT OF DR. RICHARD MALOUF PAGE 1 OF8
matters and my familiarity with the events, communications, and publications relating to this
matter, I have personal knowledge of the facts stated in this afdavit.
3. I have been licensed as a doctor of dental surgery in the State of Texas by the
Texas State Board of Dental Examiners since June 25, 1990. I have practiced dentistry in the
State of Texas for over twenty (20) years.
4. I own and reside at the real propetiy located at 10711 Strait Lane, Dallas, Texas
75229 (the "Residence"). I have lived at the Residence for over four (4) years. My neighbors
Robert Wilson and Laura Wilson reside at 10621 Strait Lane directly adjacent fom the
Residence. I have lived in Dallas, Texas for over ten (1 0) years. Over those ten (1 0) plus years, I
have acquired close personal relationships with members of the Dallas/Fort Wmih community.
5. In April of 2009, I purchased the Residence. In detennining whether or not to
purchase the Residence, one of the key factors my wife and I considered was privacy. The
significant amount of ptivacy, seclusion, and solitude afforded by the Residence was central to
my decision in purchasing the Residence. The Residence possesses a large privacy fence
approximately ten (1 0) feet tall, which smTounds the outside boundary lines of the Residence
(the "Ptivacy Fence"). The Residence also has two (2) large, steel gates guarding the entrance to
the property. I reasonably believed that the size and height of the Privacy Fence would provide
extensive privacy f·om unwelcomed third parties. Further, I believed that the many trees
surrounding the backyard would provide for a secluded area. The Privacy Fence, gates, and trees
are meant to ensure my privacy and the privacy of my fmily and friends.
6. Beginning in the spring of 2011, Byron Hanis ("Harris") and WFAA-TV, Inc.
("WFAA") began broadcasting television repotis related to alleged Medicaid fraud in the State of
Texas. Around the same time period, I physically observed Mary Candace Evans ("Candy")
AFFIDAVIT OF DR. RICHARD MALOUF PAGE20F8
around the Residence on a fequent basis. In conjunction with my initial observations of Candy's
loitering presence around the Residence, I leared of and then viewed articles, images, blog
entries and comments (in response to Candy's articles and photographs) on the websites
www.candysdirt.com ("Candy's Dirt") and www.secondshelters. com ("Second Shelters").
7. Candy usually loiters around the Residence entrance gates capturing images of
the house and other improvements on the prope1iy. Over the course of the last two (2) years, I
have personally witnessed Candy on the grounds of the Residence. Neither myself, my wife, nor
my Residence staff have ever invited, welcomed, or given Candy permission to enter onto the
Residence grounds or approach me, my family, invited guests, employees, or Residence staf.
8. Approximately two years earlier, my wife and I hosted a private event where my
family and invited friends privately celebrated the birthday of our minor daughter in the
Residence front yard. Unbeknownst to me, Candy was passing by on Strait Lane during the
private birthday celebration. Without asking my wife or me, Candy entered onto the grounds of
the Residence and made her way toward the tent where my minor daughter was celebrating her
birthday.
9. Candy approached my daughter and bega an impromptu interview of her.
Immediately upon witnessing Candy under the bitihday tent interrogating my daughter, a family
fiend approached Candy. Said family friend confonted Candy and politely requested that
Candy remove herself from the private celebration and the Residence.
I 0. Immediately following the above incident, I spoke with my children and asked
them what, if anything, Candy had questioned them about. From my children's responses, it is
my understanding that Candy intended to acquire private information regarding my family, my
guests, the celebration, and the Residence.
AFFIDAVIT OF DR. RICHARD MALOUF PAGE 3 OF8
11. On or around August 19, 2012, I leared of Candy's trespass upon the grounds of
the Residence. Afer examining Candy's August 20, 2012, article titled "Water Park Slides Have
Arrived at the Malouf Manse on Strait Lane & World Now Knows We are Serious About
Medicaid Dental Fraud in Texas" and the photographic images included therewith, I concluded
that Candy would not have been able to capture the images of the Residence and backyard
equipment without physically entering onto the grounds of the Residence.
1
Specifically, her
photograph of the driveway and backyard equipment required Candy to be inside of the Privacy
Fence.
12. On or around August 22, 2012, I called the Dallas Police Depmiment, informed
them of Candy's unlawfl trespass, and fled a criminal report (the "Police Report"). The filing
of the Police Report was intended to communicate to Candy and others that entering onto the
grounds of my Residence without my consent or my wife's consent was unlawfl and should
cease immediately.
13. Upon infonnation and belief, on or around August 26, 2012, Candy met with my
neighbor Laura C. Wilson ("Wilson") at Wilson's home located at 10621 Strait Lane, Dallas,
Texas 75229. Upon infonnation and belief, Wilson allowed Candy to climb atop of Wilson's
roof to gain a vantage point fom which Candy could capture images of my Residence and
backyard. Upon frther information and belief, Candy captured images of the Residence and
ongoing construction fom atop Wilson's home.
14. On or around July 12, 2012, Candy, HarTis, and WFAA crews positioned
themselves directly outside of my Residence on Strait Lane. Hanis, Candy and WFAA crews
loitered there for several hours and took video footage of me, my wife, the Residence, ongoing
See Exhibit "B" attached to the Petition.
AFFIDA ÀÍJ OF DR. RICHARD MALOUF PAGE40F8
construction and our personal property. Haris and WF AA crews also attempted to interrogate
employees and my independent contractors as they traveled in and out of the Residence.
15. Upon information and belief Candy elicited assistance and information fom my
former house manager, David Kinney ("Mr. Kinney"), in an efort to obtain private images fom
within my home. Mr. Kinney installed a wireless camera in my wife's closet without obtaining
pennission fom me or my wife. Had I not leared of the wireless camera placed inside my
wife's closet fom Residence staf members, I would never have known that Mr. Kinney placed it
there, as the location of the wireless camera was hidden fom view by insulation. Upon
infonnation and belief, Candy approached Mr. Kinney and propositioned him to plant the
wireless camera inside my wife's closet.
16. Upon infonnation and belief Candy attempted to bribe my civil engineer in order
to obtain infonnation related to the Residence and the personal and private affairs of my family
and me. Upon infonnation and belief, when my civil engineer declined Candy's bribe, Candy
approached sub-contractors and individual construction workers with similar ofers. Candy's
continued attempts to elicit private infonnation regarding my Residence and my family are
highly ofensive to me and my family, as such attempts would be to any reasonable person.
17. Candy has published multiple pictures and blue prints of the Residence online.
Her continuous attempts to spy upon me and my family, her ceaseless photographs, and constant
postings of the Residence have caused me to question the safety of my family. Candy's actions
have led me to believe that my safety and my family's safety may be in danger. Further, Candy's
actions as described above have invaded my privacy, seclusion and solitude.
18. On or around October 2, 2012, Candy, Harris, and WFAA lingered outside my
Residence waiting for me, my wife, Resident staff members, or construction workers to exit the
AFFIDA ÀÍJ OF DR. RICHARD MALOUF PAGE 50F8
property. Once outside the Privacy Fence of the Residence, Harris and WF AA attempted to
obtain images of persons and information concering, myself, my family, or the Residence.
Additionally, Harris, Candy, and WFAA crews spied upon my family and me, by peering into the
Residence backyard, with the help of high-powered lenses and my neighbor, Defendant Wilson.
Upon infonnation and belief, without the assistance of Wilson, who invited WFAA, Harris, and
Candy to obtain video footage of the secluded backyard of the Residence, Harris, WFAA, and
Candy would have been unable to intrude into the seclusion and solitude of my home and private
afairs. Due to the hidden nature of the Residence backyard, WFAA has gone to the extreme
lengths of utilizing its helicopter to capture aerial video images of the backyard. I have observed
the WFAA helicopter above my home capturing images of my Residence with high powered
lenses on several occasions over the last year.
19. On October 12, 2012, Harris and WFAA news crews stormed the Dallas County
District Courtroom where my wife and I were appearing in a private civil hearing pertaining to
our son. This hearing was neither newsworthy nor of any public concer. Harris and WFAA
attempted to capture images of my wife and me by engaging in paparazzi-like behavior and
chasing my wife and me through the hallways of the Dallas County Courthouse. Harris
confonted our counsel and became agitated and hostile when his attempts to capture images of
my wife and me failed. Harris and WFAA's intrusion upon the civil hearing related to my son
are ofensive and harassing, and constitute an invasion of my family's ptivacy.
20. Harris, WFAA, and Candy have published a multitude of television broadcasts,
radio broadcasts, online articles, blog entries and other written publications, all of which focus
upon me, my family, and Residence. Many of those publications and broadcasts disseminate
false infor1ation about me and the Residence.
AFFIDAVIT OF DR. RICHARD MALOUF PAGE60F 8
21. I have never individually filed for bankruptcy. I have not been in the process nor
am I in the process of divesting my personal estate. Additionally, I have not been found guilty of
faud by any state or federal agency. Moreover, my backyard pool area will not use 6. 5 million
gallons of water and I a not environmentally irresponsible.
22. Much like any other reasonable person, I am outraged by Harris, Candy, and
WFAA's extraordinary effmis of:
(A) Trespassing to confont my minor daughter;
(B) Climbing atop Wilson's roof to obtain photographs of the Residence;
(C) Utilizing WFAA's helicopter and telephoto lenses;
(D) Upon information and belief, Candy's deplorable proposition of Mr. Kinney;
and
(E) Chasing my wife and me through the Dallas County Courthouse.
23. The actions of Candy, Harris, and WFAA, with the help of Wilson, as described
above, are extremely objectionable and offensive to me. I find Candy's trespasses, loitering,
eavesdropping, snooping, and intrusions into my family's personal lives deplorable. I frther
believe that any other reasonable person would fnd Candy's actions as offensive as I do. Further,
Hanis and WFAA's actions aimed at intruding into my private afairs are highly ofensive to me
and constitute harassment.
24. Hanis, WFAA and Candy's publications of images and photos at the Residence
generate safety concers for my family and me.
AFFIDAVIT OF DR. RICHARD MALOUF PAGE 7 OF 8
FURTHER AFFIANT SA YETH NOT
I
D
SUBSCRIBED AND SWORN to before me on this l__ day of October, 2012, to certify which
witness my hand and oficial seal.
lt
1".
'
S � TIFFANIE MADDOX
�����\ Notary Public, State of Texas
� My Commission Expires
� �
April os. 2016
AFFIDAVIT OF IJR_ RICIIARD MALOUf
�1ntr
NOT UBLIC,
'
In and f r the State of Texas
I'AUE80F8
CAUSE NO. _____ _
DR. RICHARD MALOUF
Plaintiff
MARY CANDACE EVANS, LAURA C.
WILSON, BELO CORPORATION,
WFAA- TV, INC., AND BYRON HARRIS
Defendants.
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IN THE DALLAS COUNTY
COURT AT LAW NO.
OF DALLAS COUNTY, TEXAS
AFFIDAVIT OF LEANNE MALOUF
STATE OF TEXAS
COUNTY OF DALLAS
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BEFORE ME, the undersigned Notary Public, on this day personally appeared Mrs.
Leanne Malouf, who, being by me duly swor upon her oath deposed and stated the following:
1. "My name is Leanne Malouf, I am over the age of twenty-one (21) years, have
never been convicted of a felony or a crime involving moral turitude, and am flly competent to
testify in all respects. I have personal knowledge of all facts set forth herein, and they are all true
and correct.
2. I am personally familiar with certain events, communications, and publications
attached to this Afidavit and Plaintif's Original Petition, Application for Temporary Restraining
Order, Application for Injunctive Relief and Request for Disclosure (the "Petition"). I am also
intimately familiar with my home, the real property located at 10711 Strait Lane, Dallas, Texas
75229. I have reviewed relevant articles, publications, broadcasts, and copies of documents and
communications that are relevant to this matter. As a result of my personal involvement in these
AFFIDAVIT OF LEANNE MALOUF PAGE I OF 7
matters and my familiarity with the events, communications, and publications relating to this
matter, I have personal knowledge of the facts stated in this afdavit.
3. I own and reside at the real property located at 10711 Strait Lane, Dallas, Texas
75229 (the "Residence"). I have lived at the Residence for over four (4) years. My neighbors
Robert Wilson and Laura Wilson reside at 10621 Strait Lane directly adjacent fom the
Residence. I have lived in Dallas, Texas for over ten (10) years. Over those ten (10) plus years, I
have acquired close personal relationships with members of the Dallas/Fort Worth community.
4. In Apiil of 2009, my husband Dr. Richard Malouf and I purchased the Residence.
In determining whether or not to purchase the Residence, one of the key factors my husband and
I considered was privacy. The significant amount of privacy, seclusion, and solitude aforded by
the Residence was central to our decision in purchasing the Residence. The Residence has a large
privacy fence, approximately ten (1 0) feet tall, which sun-ounds the outside boundary lines of the
Residence (the "Privacy Fence"). The Residence also has two (2) large, steel gates guarding the
entrance to the prope1iy. I reasonably believed that the size and height of the Privacy Fence
would provide extensive p1ivacy from unwelcomed third parties. Fmiher, I believed that the
many trees surrounding the backyard would provide for a secluded area. The Privacy Fence,
gates, and trees are meant to ensure my privacy and the piivacy of my family and fiends.
5. Beginning in the spring of 2011, I physically observed Mary Candace Evans
("Candy") around the Residence on a f·equent basis. In conjunction with my initial observations
of Candy's presence about the Residence, I discovered and viewed articles, images, blog entries
and comments (in response to Candy's miicles and photographs) on the websites
www.candvsdi1i.com ("Candy's Di1i") and www.secondshelters.com ("Second Shelters").
AFFIDA `! OF LEANNE MALOUF PAGE2 OF 7
6. Candy usually loiters around the Residence entrance gates capturing images of
the house and other improvements on the prope1iy. Over the course of the last two (2) years, I
have personally witnessed Candy on the grounds of the Residence. I have never invited,
welcomed, or given Candy permission to enter onto the Residence grounds or approach me, my
family, invited guests, employees, or Residence staf.
7. Approximately two (2) years earlier, my husband and I hosted a private event,
where my family and invited fiends privately celebrated the birthday of my minor daughter in
the Residence font yard. Without my kowledge, Candy was passing by on Strait Lane during
the private birthday celebration. Without asking my husband or me, Candy entered onto the
grounds of the Residence and made her way toward the tent where my minor daughter was
celebrating her birthday.
8. Candy approached my daughter and began an impromptu interview of her.
Immediately upon witnessing Candy under the birthday tent interrogating my daughter, a fan1ily
fiend approached Candy. Said family fiend then confronted Candy and politely requested that
Candy remove herself from the private celebration and the Residence.
9. Immediately following the above incident, my husband and I spoke with our
children and asked them what if anything Candy had questioned them about. From my children's
responses, it is my understanding that Candy intended to acquire private information regarding
my husband, my guests, the celebration, and the Residence.
10. On or around August 19, 2012, I leared of Candy's trespass upon the grounds of
the Residence. Afer examining Candy's August 20, 2012, article titled "Water Park Slides Have
Arrived at the Malm!f Manse on Strait Lane & World Now Knows We are Serious About
Medicaid Dental Fraud in Texas" and the accompanying photographic images included
AFFIDAVIT OF LEANNE MALOUF PAGE 3 OF 7
therewith, I believe that Candy would not have been able to capture the images of the Residence
and backyard equipment without physicaly entering onto the grounds of the Residence.
1
Specifcally, her photograph of the driveway and backyard equipment required Candy to be
inside of the Privacy Fence.
11. On or around August 22, 2012, my husband called the Dallas Police Department,
informed them of Candy's unlawfl trespass, and filed a criminal report against her on August
22, 2012 (the "Police Repmi"). The purpose of fling the Police Report was intended to
communicate with Candy and others that entering onto the grounds of my Residence without my
consent or my husband's consent was unlawful and should cease immediately.
12. On or around August 26, 2012, upon information and belief, Candy met with my
neighbor Laura C. Wilson ("Wilson") at Wilson's home located at 10621 Strait Lane, Dallas,
Texas 75229. Upon information and belief, Wilson allowed Candy to climb atop of Wilson's
roof to gain a vantage point fom which Candy could capture images of my Residence and
backyard. I witnessed Candy capturing images of the Residence and ongoing construction fom
atop Wilson's home.
13. On or around July 12, 2012, I observed Candy, Byron Harris ("Harris"), and
WFAA-TV, Inc. ("WFAA") crews positioned directly outside of my Residence on Strait Lane.
Harris, Candy and WFAA crews harassingly hovered there for several hours and attempted to
take video footage of me, my husband, the Residence, ongoing construction and our personal
property. Harris and WFAA crews also attempted to interrogate employees and independent
contractors, who were working on the Residence as they traveled in and out of the Residence.
See Exhibit "B" attached to the Petition.
AFFlDA VIT OF LEANNE MALOUF PAGE4 OF 7
14. Upon information and belief Candy elicited assistance and infonnation from my
former house manager, David Kinney ("Mr. Kinney"), in an efort to obtain private images fom
within my hore. Mr. Kinney installed a wireless camera in my closet without obtaining
pem1ission fom me or my husband. Had I not leared of the wireless camera placed inside my
closet from Residence staf members, I would have never known that Mr. Kinney placed it there
because insulation covered all wires in the attic and the location of the wireless camera was
hidden fom view. Upon information and belief, Candy approached Mr. Kinney and
propositioned him to plant the wireless camera inside my closet.
15. Upon infonnation and belief Candy attempted to bribe my civil engineer in order
to obtain infonnation related to the Residence and the personal and private affairs of my family
and me. Upon infom1ation and belief, when my civil engineer declined Candy's bribe, Candy
approached sub-contractors and individual construction workers with similar ofers. Candy's
continued attempts to elicit private infom1ation regarding my Residence and my family are
highly ofensive to me and my family, as such attempts would be to any reasonable person.
16. Candy has published multiple pictures and blue prints of the Residence online.
Her continuous attempts to spy upon me and my family, her ceaseless photographs, and constant
postings of the Residence have caused me to question the safety of my family. Candy's actions
have led me to believe that my safety and my family's safety may be in danger. Further, Candy's
actions as described above have invaded my privacy, seclusion and solitude.
17. On or around October 2, 2012, Candy, Harris, and WFAA lingered outside my
Residence waiting for me, my husband, Resident staf members, or construction workers to exit
the property. Once outside the Privacy Fence of the Residence, Hanis and WFAA attempted to
obtain images of persons and information concering, myself, my family, or the Residence.
AFFIDAVIT OF LEANNE MALOUF PAGE 5 OF 7
Additionally, Harris, Candy, and WFAA crews spied upon my family and me, by peering into the
Residence backyard, with the help of high-powered lenses and my neighbor, Defendant Wilson.
Upon information and belief, without the assistance of Wilson, who invited WFAA, Harris, and
Candy to obtain video footage of the secluded backyard of the Residence, Harris, WFAA, and
Candy would have been unable to intrude into the seclusion and solitude of my home and private
affairs. Due to the hidden nature of the Residence backyard, WFAA has gone to the extreme
lengths of utilizing its helicopter to capture aerial video images of the backyard. I have observed
the WFAA helicopter above my Residence capturing images of my Residence with high powered
lenses on several occasions over the last year.
18. On October 12, 2012, Harris and WFAA news crews stonned the Dallas County
District Courtroom where my husband and I were appearing in a private civil hearing pertaining
to our son. This hearing was neither newswmihy nor of any public concer. Harris and WFAA
attempted to capture images of my husband and me by engaging in paparazzi-like behavior and
chasing my husband and me through the hallways of the Dallas County Courthouse. Harris
confronted our counsel and became agitated and hostile when his attempts to capture images of
my husband and me failed. Harris and WFAA's intrusion upon the civil hearing related to my
son are ofensive and harassing, and constitute an invasion of my family's privacy.
19. Harris, WFAA, and Candy have published a multitude of television broadcasts,
radio broadcasts, online articles, blog entries and other written publications, all of which focus
upon my husband, my family, and Residence. Many of those publications and broadcasts
disseminate false information about my husband and the Residence.
20. Much like any other reasonable person, I am outraged by Harris, Candy, and
WFAA's extraordinary effmis of:
AFFIDAVIT OF LEANNE MALOUF PAGE60F 7
(A) Trespassing to confront my minor daughter;
(B) Climbing atop Wilson's roof to obtain photographs of the Residence;
(C) Utilizing WFAA's helicopter and telephoto lenses;
(D) Upon information and belief Candy's deplorable proposition of Mr. Kinney;
and
(E) Chasing my husband and me through the Dallas County Courthouse.
21. The actions of Candy, Harris, and WFAA, with the help of Wilson, as described
above, arc extremely objectionable and offensive to me. I fnd Candy's trespasses, loitering,
eavesdropping, snooping, and intrusions into my family's personal lives deplorable. I further
believe that any other reasonable person would fnd Candy's actions as offensive as I do.
Fm1her, Harris and WFAA's actions aimed at intruding into my private affairs are highly
ofensive to me and constitute harassment.
22. Harris, WFAA and Candy's publications of images and photos at the Residence
generate safety concerns for my family and me.
(
FURTHER AFFIANT SA YETI-I N,ICl
I
l
I
I
I
SUBSCRIBED AND SWORN to before me on this lday of October, 2012, to certify which
witness my hand and ofi cial seal.
,
�� 77acr
NuBLIC,
In and for the State of Texas
AFHDAVIT OF I JoANNE MALOUF I'AGE70F7

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