000lucillerichaffidavitfinal

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IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION =============================== CAUSE # 1:09-cv-0386SEB-JMS

Dr. Barry Eppley, MD, DMD Plaintiff, v. Lucille Iacovelli Defendant.
Lucille Iacovelli Counter-Plaintiff Rich Bergeron Counter-Plaintiff v. Dr. Barry Eppley, MD, DMD Counter-Defendant Attorney Todd Richardson Counter-Defendant Lewis & Kappes Professional Corporation Attorneys at Law Counter-Defendant

AFFIDAVIT OF RICH BERGERON IN SUPPORT OF DEFENDANT’S AND COUNTERCLAIMAINTS’ ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, INJUNCTIVE RELIEF AND DAMAGES; AND COUNTERCLAIM FOR DECLAMATORY RELIEF

Rich Bergeron, being first duly sworn, states as follows: 1. I make this affidavit in support of the response to the show cause order, Defendant’s 1

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Answer to Plaintiff’s Verified Complaint For Temporary Restraining Order, Injunctive Relief and Damages, all other plaintiff pleadings; And the Counterclaim For Declamatory Relief. 2. I have personal knowledge of, and I am competent to testify to the facts contained in this Affidavit, except those matters based upon information and belief and, as to such matters, I believe them to be true. 3. I have been assisting Lucille with an ongoing book project since 2006 when I responded to a Craigslist post she placed online. 4. I had already seen Lucille in the HBO Documentary and recognized her local accent, but I never imagined I’d be working on a book project with her. 5. I have taken a vast amount of notes about Lucille’s story, attended a doctor’s visit with her on July 27, 2007, and have witnessed her struggle to perform various daily tasks. 6. In all the discussions of her case in which Lucille mentions suicide I have never been convinced she intends to commit suicide at all, and certainly not in a public, date-specific fashion. 7. I was never forewarned or previously contacted in any manner to inquire as to whether Lucille actually was planning to commit suicide prior on April 18, 2009. 8. I received an email from Attorney Todd Richardson on April 1, 2009 notifying me of some kind of public suicide fiasco outlined in an attached order from this court. 9. Richardson wrote in the body of the email: “I represent Dr. Barry Eppley. Please review the attached Temporary Restraining Order issued by Judge Barker on March 30, 2009. Please note that the TRO addresses all those “in active concert and participation” with Ms. Iacovelli.” 10. Having been in regular contact at various times of our coordination on this book project, the last time I spoke to Lucille prior to getting this message from Richardson, Lucille was trying to arrange a potential lifesaving corrective procedure from a world class reconstructive surgeon. 11. I found it inconceivable that Lucille would not inform me somehow of her public suicide plans if she had in fact been making them, especially if she wanted me to publicly expose this whole final chapter of her life. 2

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12. I have witnessed Lucille’s daily struggle and can confirm that she undergoes an unbelievable amount of daily frustration and agony just trying to accomplish minor tasks most people consider effortless. 13. She rarely leaves home, and then only for absolute necessities. 14. Dr. Stephen Mucci on July 27, 2007 during a visit I attended, told Iacovelli repeatedly that she would likely benefit from a tracheotomy to help alleviate her breathing issues. 15. Lucille was naturally horrified by the prospect of having to undergo such a procedure and convinced that such a drastic measure would not account for her tongue’s tendency to slide down her throat and choke her if she does not hold her facial structures in place properly. 16. Lucille has never indicated any mental deficiencies that I have been able to discern, and she appears completely sane and rational in her frustration over her condition. 17. I have never known Lucille to fail to do voluminous homework and background checking in regard to her medical conclusions and allegations against the doctors who operated on her. 18. Lucille is not a malicious person and is not out to harm Dr. Eppley for any purely vindictive motivation, rather she only wishes for him to acknowledge the damage done and at least make an effort to resolve the situation in a satisfactory manner. 19. I have always intended to write a book about Lucille’s struggle and informed Lucille recently that I did not want to pursue this course of action if she would not at least make a fair attempt to get something done to finally alleviate her condition. This took months of pleading and negotiating to get her to agree, but she did start consulting more doctors and recently found one who fit the bill. 20. Because of this lawsuit Lucille will now never be able to afford any corrective procedure, and as a result this litigation may very well effectively kill her in the long run. 21. I am committed to writing this book more than ever because of the circumstances surrounding this lawsuit which I can clearly see were fabricated by Eppley and an accomplice. 22. By attempting to secure this injunction and succeeding in acquiring a temporary restraining order, Dr. Eppley, Attorney Todd Richardson, and the Firm of Lewis & 3

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Kappes have sought to silence my support of Lucille Iacovelli in direct violation of the First Amendment. 23. In order to address these charges sufficiently and prevent my valuable work on my book project about Lucille from being squandered I have been forced to join this case with Lucille and fight for her First Amendment freedoms to tell her story. 24. I have never entered into any “settlement negotiations” with Attorney Richardson, and my communications with him were designed to call his attention (by any means necessary) to the fact that his case was severely flawed. 25. I have nothing to do with Mr. Frank De Groot or any web-sites detailing Lucille’s impending suicide attempts or Dr. Eppley’s efforts to stop those attempts. 26. From what I have been told by Lucille Iacovelli, Mr. De Groot contacted Lucille through one of her blogs she wrote about being falsely committed. De Groot volunteered his services for free and just happened to undertake his efforts after I emailed Mr. Richardson to tell him I could use my various networking power to expose Lucille’s true story further. I was referring to my various fight news web-site contacts and marketing by MySpace bulletins, which I subsequently did unleash, but only to help Lucille’s “fundable.com” fund-raising campaign page. DATED this 6th of April, 2009 IN PROPER PERSON

__________________________________ Rich Bergeron 141 Green Street Abington, MA 02351 Subscribed and Sworn to before me This 6th day of April, 2009:

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