American heroes," the subjects of a book and a television movie about one of their successful child "rescue" missions. The video segment during this introduction includes the image of a car swerving at high speed, screeching and spinning to a halt, while individuals, many clad in military fatigues, are shown training in military-style maneuvers. In a later shot, an off-camera voice yells "Fire," while the viewer sees a close-up of the hands of various individuals firing weapons at a target during what is presumably a combat training session. The narrator then describes plaintiffs: "Operating out of Fayetteville, North Carolina, Donald and Judy Feeney run a company that trains corporate security guards. The company has been in bankruptcy since 1991 -- the Feeneys say because they lose money helping American parents."
According to the narrator: "Feeney is a former decorated Delta Force commando, who was part of the failed mission to rescue American hostages in Iran. . . . Feeney was forced to leave the military in 1986 for less-than-satisfactory-service -- what Feeney calls some 'minor financial improprieties.'" (Tr. at 10.)
The Broadcast continues with a description of the elaborate CTU plot to retrieve Anna and Elizabeth from Iceland. CTU operatives went to Iceland to convince Eyjolfsdottir that they were doing advance work for a Sylvester Stallone movie, and that her home might be used as a location for filming. The story that a movie starring Sylvester Stallone would be filmed in Iceland later received significant newspaper coverage in that country, and the Broadcast suggests this coverage subjected plaintiffs' subsequent activities to public scrutiny in Iceland.
As part of the mission, CTU flew Eyjolfsdottir to Switzerland to meet Donald Feeney, who was posing as the film's director. Because Eyjolfsdottir brought only one of the girls with her on that trip, plaintiffs did not attempt to "rescue" the daughters at that time. Shortly after Eyjolfsdottir returned to Iceland, CTU put her up in a Reykjavik hotel. After an evening of drinking, plaintiffs attempted to recapture Anna and Elizabeth while Erna was sleeping. After Erna awoke and reported her daughters missing, Judy Feeney, who had taken Elizabeth out of the country, was stopped by authorities in Luxembourg. Don Feeney and Brian Grayson, who had traveled to Iceland to assist in the operation, were stopped by Icelandic authorities before they could transport Anna out of the country. Both girls were returned to their mother, and Donald Feeney and Brian Grayson were later convicted of kidnapping and sentenced to prison.
According to the Broadcast, the "American commandos bungled mission." Reporter Ross adds: "We talked with the Graysons last week, just before the Supreme Court of Iceland held up [sic] Brian's conviction and ordered him to prison for two more months. The Graysons say they now regret ever getting involved with the commandos, and they are beginning to wonder if the Feeneys told them the truth, especially about what happened to all the money the Graysons gave them." Olbia Grayson, Brian's mother, had paid plaintiffs approximately $ 40,000.
During the Broadcast, Ross and the Graysons discuss some of the Feeneys' requests for money, including requests for additional funds to hire a private jet big enough to transport Grayson and his child, along with a crew from CBS' 60 Minutes. (Tr. at 13.) Ross reports that no private jet was ever hired. (Tr. at 14.) The Broadcast continues with Ross stating: "Now back in the United States, Feeney's wife, Judy, in one final twist, claims there was no kidnapping, no law broken, because Etna was in on the scheme, and had been paid [$ 5,000] to let the children go." (Tr. at 14.) Erna Eyjolfsdottir is then quoted denying the accusation. Ross adds in a voiceover: "Authorities in Iceland agree. And for Etna, the story about $ 5,000 to sell Anna and Elizabeth is the final outrage, the final lie, from a group of Americans who some call heroes." There is footage of the children coloring, then a close-up of Eyjolfsdottir: "What they did to me and my children, I do not see any heroes. I see people that lie and destroy lives. I don't see any heroes at all." (Tr. at 14.)
In the last minute or so of the Broadcast, NBC provides a summary. The exchange between Ross and Stone Phillips begins as follows:
ROSS: Tonight, both Don Feeney and Brian Grayson are in prison in Iceland: Grayson for two months; Feeney, the commando, for two years. Feeney and his wife, Judy, say this is the first time one of their missions has failed. And over the last few days, we've heard from the families of five children who the Feeneys have brought back to this country, families which have nothing but praise for the way the Feeneys operate. Stone:
PHILLIPS: But the tactics, I would have to say, are unlike any commando tactics I've ever seen, Brian.