6 Days in Baghdad
“Jamie Leigh Jones: Her story of sexual assault as told at trial in Houston”
From Juror 3’s Perspective … Paul Oldenburgh
Copyright © 2012 Paul Oldenburgh - Smashwords Edition, License Notes
This book is licensed for your personal use only. This book may not be re-sold or given away to other people. Thank you for respecting the hard work of this author. No part of this book may be reproduced, stored in a retrieval system or transmitted by any means without the written permission of the author.
This book is dedicated to my parents, Hope and Rusty Oldenburgh.
Special thanks go to Carla Trice, Wendi Oldenburgh, and Beth Rinaldo Outtrim for their assistance with the editing of this book.
Thanks goes to Craig Allman for providing the drawing of Ms. Jones found on the front cover of the book.
These are my opinions, my words, and my interpretation of the trial information as I heard and perceived it.
The book is based on detailed notes from the witness testimony and evidence that I heard and saw in the courtroom. I've included several interesting facts about what occurred in the jury room as well. The other jurors’ names have been changed to protect their privacy. Many of the witness questions and answers have been paraphrased by me, but should be fairly close to what was asked and answered during the trial. Throughout the book I will include sections called “SIDEBAR: Just between you and me.” I’ll include my opinion, what I thought or how I perceived a specific witness’ testimony. Think of it as a private conversation between you and me and I’m going to tell you a secret. Enjoy the book.
Table of Contents
Courtroom Personnel and Legal Teams
Courtroom Personnel and Legal Team Structures
Judge Ellison’s Courtroom Layout
Monday, Jun/13/2011, “Voir Dire” – a French term which means “To Speak the Truth”
Tuesday, Jun/14/2011, Juror #3, Opening Statements
Wednesday, Jun/15/2011, Plaintiff’s Sexual Harassment Witnesses
Thursday, Jun/16/2011, Mr. Hall, Mr. Santuro and Ms. Jones take the stand
Friday, Jun/17/2011, No Court, this was a workday for me
Monday, Jun/20/2011, Jamie’s Testimony Continues
Tuesday, Jun/21/2011, Jamie’s Testimony Continues
Thursday, Jun/23/2011, Testimony from Charles Bortz, Pete Arroyo, and Sarah Simco
Friday, Jun/24/2011, The Doctors testify, along with Pete Arroyo and Tyler Schmidt
Monday, Jun/27/2011, Dr. Blank, Post-Traumatic Stress Disorder [PTSD]
Tuesday, Jun/28/2011, Mr. Gabe Andino, KBR’s spokesperson, takes the stand
Wednesday, Jun/29/2011, Dr. Erwin, Jamie’s mom and her husband, Kallan Daigle, take the stand
Thursday, Jun/30/2011, Ms. Armstrong [via teleconference], the Therapists and Economist testify
Friday, Jul/1/2011, the case was not heard on this day
Monday, Jul/4/2011, Public Holiday, the case was not heard
Tuesday, Jul/5/2011, Dr. Scarano, Plaintiffs “Rest their case”
Wednesday, Jul/6/2011, Tom Jones, Defendants "Rest their case"
Thursday, Jul/7/2011, Closing Arguments, Deliberations begin
Friday, Jul/8/2011, Deliberations continued … the Verdict
* Male, 20, single, lives in Tomball, TX
* He was on swim team in high school
* He is entering his third year at community college in the fall
* Drank Pepsi, ate cookies each day
* Caucasian
Juror 2, Jake
* Male, 30’s, married, lives inside the 610 loop in Houston, TX
* He closed on a new home while serving on the jury
* He is well versed on a number of topics, intelligent, works downtown
* Drank coffee
* African-American
Juror 3, Paul
* Male, 47, single, lives inside the 610 loop in Houston, TX
* He is an Information Technology Professional with over 25 years of experience
* The jury started deliberations on his birthday, July 7th
* Author of this book
* Caucasian
Juror 4, Lincoln
* Male, 40’s or 50’s, married, lives in Katy, TX
* He drank coffee in the morning, good sense of humor
* He was a jokester, the king of the one-liners
* Houston Texans Fan
* African-American
Juror 5, Ryan
* Male, Late 40’s, married, lives in Cypress, TX
* He is a Professional Business Man
* He is intelligent and fun to be around
* Caucasian
Juror 6, Della
* Female, 50’s or 60’s
* She is a Grandmother
* She is the quiet achiever, very polite, liked her peppermints
* The jury went to Massa’s restaurant to celebrate her birthday on June 23rd
* African-American
Juror 7, Kevin
* Male, Early 30s, married, lives in the Heights area of Houston, TX
* He is handsome, tall, and smart
* He has two young children
* Drank Starbucks Coffee each morning
* Caucasian
Juror 8, Halle
* Female, 40’s, married, lives in the Katy, TX area
* She is a Professional Business Woman, confident, well dressed
* She is self-employed, kept her business running after court each day
* Nice smile, pretty, fun personality
* African-American
Juror 9, Lindsay
* Female, 20, single, lives in The Woodlands, TX
* She just finished college, wants to be an Elementary School teacher
* She drank Starbucks coffee each morning, liked her occasional Red Bull
* She did a daily sketch for the jury
* She got the jury to play Hangman in the jury room
* Cute smile, pretty
* Caucasian
Juror 10, Drew
* Male, 60’s, married, lives in Missouri City, TX
* He is quiet, read from a book each day at lunch
* He is diabetic, brought his own lunch each day
* He works in Human Resources for a major retailer
* Six months away from retirement
* Caucasian
Juror 11, Jeff
* Male, 60’s, married for 42 years, lives in Cypress, TX
* He drank coffee each morning
* He took the metro bus to court
* Was in the Vietnam Conflict at the age of 19
* Caucasian
Courtroom Personnel and Legal Teams
* Male, dignified
* He is very intelligent
* He stays in shape, works out daily
* Fun personality
* Caucasian
Ms. Stephanie Loewe
* Female, late 30’s, lives in Sugarland, TX
* She is Judge Ellison’s Case Manager
* She is pretty, petite, brunette, great smile, tanned
* She is well dressed, organized, and had a fun personality
* Caucasian
Barry
* Male, older, lives northwest of Houston, TX
* Bailiff, lined up jurors in the holding area
* He said, “All Rise for the Jury”
* He was part of the jury’s security detail
* Cordial, friendly, very likeable
* Caucasian
Mr. L. Todd Kelly, the Kelly Law Firm, P.C.
* Male, 30’s or early 40’s
* Lead Attorney for Ms. Jones, owns his own law firm
* He had salt and pepper hair, tall, handsome, rugged, wore cowboy boots
* He had a strong conviction in Ms. Jones’ innocence
* Theatrical delivery, direct, entertaining, smart
* Caucasian
Mr. Ron Estefan
* Male, 30’s or early 40’s
* Attorney for Ms. Jones, partner in Mr. Kelly’s law firm
* He is tall, slim build, lanky
* He is feisty at times, intelligent, and well spoken
* Hispanic
Mr. Andrew McKinney, McKinney & Cooper
* Male, Older
* Lead Attorney for the defendant, Mr. Charles Bortz
* He has snow white hair, glasses, medium build, and a soft voice
* He is persistent with the witnesses
* I nicknamed him “Mr. Monotone” as his voice never seemed to change
* He used methodical approach with each witness
* Caucasian
Ms. Sharon Cullen
* Female, Older
* Attorney for defendant, Mr. Charles Bortz
* She is a brunette, with a medium build, and solid frame
* She is direct, to the point, highly intelligent, quick on her feet
* She was my favorite lawyer involved with this case
* Caucasian
Mr. Daniel K. Hedges, Porter & Hedges, LLP
* Male, Older
* Lead Attorney for KBR
* He has gray hair, glasses, and slim build
* He is very talented
* Caucasian
Ms. Joanne M. Vorpahl
* Female, middle-aged
* Lead Attorney for KBR
* She is brunette, with a medium build, and wore glasses at times
* She has polished delivery, is studious, and good at what she does
* Used the word “All right…” a lot
* Caucasian
Ms. Susan E. Cates
* Female, late 20s or early 30s
* Attorney for KBR
* She is a brunette, stocky, average height
* She is a fighter, very serious, and used a general’s approach “Getter done!”
* Intelligent
* Caucasian
Ms. Lowe
* Female, late 20s or early 30s
* Attorney for KBR
* She is attractive, long hair pulled back into a pony-tail, petite, slim build, and well dressed
* She is very direct with each witness, uses a polished delivery, and smart
* Caucasian
KBR Attorney
* Male, late 20’s or early 30’s
* Attorney for KBR
* He wore glasses, had a slim build, and average looks
* He is serious
* Caucasian
Courtroom Personnel and Legal Team Structures
Judge Ellison’s Courtroom Layout
*Witnesses with information about Ms. Jones’ alleged sexual assault in Iraq are highlighted in bold.
(P) – Plaintiff (D) – Defense (I) – Independent (v) – Pre-taped Video Deposition
Jun/14 (P) Ms. Amy Katz – testified on Sexual Harassment in the KBR Camps in the Middle East
Jun/15 (P) Ms. Julie Lafronca – testified on Sexual Harassment in KBR Camps in Iraq
Jun/15 (P) Ms. Linda Lindsey – testified on Sexual Harassment in Iraq
Jun/15 (P) Ms. Jo Fredrickson – testified on Sexual Harassment in Iraq
Jun/16 (P) Mr. Kara Hall – HR Supervisor at Camp Hope in 2005
Jun/16 (P) Mr. Lorenzo Santuro – Truck Driver, KBR Security, testified on Sexual Harassment
Jun/16 – Jun/21, Jun/22 (P) Ms. Jamie Leigh Jones – Plaintiff
Jun/22 (P) Dr. Terri Scott – Jamie’s OB/GYN
Jun/22 (D) Ms. Kimberly Nichols – KBR HR - made travel arrangements for Jamie to leave Camp Hope
Jun/22 (P) Mr. James “Jim” Coin – KBR Employee Relations
Jun/22 (P), Jul/6 (D) Mr. Anthony Adams (v) – KBR - Jamie’s supervisor at USMI
Jun/23 (P) Mr. Charles Bortz – KBR - Defendant, Firefighter
Jun/23 (P), Jul/6 (D) Ms. Sarah Simco (v) – KBR – LOGCAP III – IT – Jamie was replacing her in Iraq
Jun/23, Jun/24 (P), Jul/6 (D) Mr. Pete Arroyo, Jr. (v) – KBR IT Ops – USMI
Jun/24 (P) Dr. Randall Tackett – Pharmacologist and Toxicologist - Expert Witness
Jun/24 (P) Dr. Sabrina Lahiri – Jamie’s Plastic Surgeon for breast augmentation surgery
Jun/24 (P), Jul/6 (D) Mr. Tyler John Schmidt (v) – KBR firefighter, roommate of Charles Bortz
Jun/27 (P) Dr. Susan Blank – Addiction Medicine, PTSD - Expert Witness
Jun/27 (P), Jul/6 (D) Ms. Kristen Rumba (v) – KBR - Physician’s Assistant at the KBR Clinic
Jun/27 (P) Dr. Jodi Schultz (v) – Military Doctor, completed the sexual assault kit on Jamie
Jun/27 (D) Dr. Franklin Rose – Plastic Surgeon, Breast Augmentation – Expert Witness
Jun/27 (P) Ms. Jamie Armstrong (v) & Jun/30 (D) (video conference) – KBR - Senior HR Generalist
Jun/28 (P), Jul/5 (D) Mr. Gabriel Andino – KBR - USMI Project Manager in Iraq
Jun/28 (P), Jul/6 (D) Mr. Will Goodgine (v) – KBR Security at Camp Hope in 2005
Jun/28 (P) Dr. Ciaravino – Plastic Surgeon, performed Jamie’s reconstruction surgery
Jun/29 (D) Dr. John Erwin – Sexually Transmitted Diseases [STDs] - Expert Witness
Jun/29 (P) Ms. Breanna Morgan – Jamie’s mother
Jun/29, Jun/30 (P) Mr. Joseph Kallan Daigle – Jamie’s husband, married in 2006
Jun/30 (P) Mr. Thomas William King – Vocational Rehabilitation Specialist
Jun/30 (P) Dr. Dwight Stewart – Economist, projected income loss for Ms. Jones
Jun/30 (P) Ms. Dawn Nelson – Jamie’s Therapist
Jul/05 (I) Dr. Victor Scarano –Forensic Therapist - Independent Witness
Jul/05 (P) Ms. Theresa Wescott – KBR Admin Assistant, testified on Sexual Harassment
Jul/05 (D) Mr. James Paskowitz – Jamie’s Psychiatrist
Jul/06 (D) Mr. Tom Jones (v) – Jamie’s father
SIDEBAR: Just between you and me. My name is Paul Oldenburgh. I’m going to share with you my experience serving on the jury for the “Jamie Leigh Jones vs. Halliburton d/b/a Kellogg Brown & Root [KBR]” trial. I had never been summoned for jury duty before. All this changed in March 2011 when I received separate jury summons from the Federal Court and Harris County Courts within two weeks of each other. You could call this baptism by fire. The Jamie Leigh Jones trial was held at the Federal Courthouse in Houston, Texas. The trial would last four weeks, starting on June 13, 2011 and ending on July 8, 2011.
Monday, Jun/13/2011, “Voir Dire” – a French term which means “To Speak the Truth”
It was a little after 8:00 am in the morning, there were roughly eighty people sitting in the Jury Assembly Room. The lady at the podium informed us that jurors were needed for two cases starting that day. If she called your name, you were to exit the room and return promptly at 10:30 am. She called out twenty five names. Mine wasn’t one of them.
After the people selected for the first case had left the room, she reminded everyone that the second case required fifty potential jurors. If your name was called, you needed to come forward, get your badge and a questionnaire. Once the questionnaire was completed, you were to leave the room and return promptly at 12:15 pm.
I was called as Potential Juror #15. I thought to myself, “This isn’t good, having such a low number.” I retrieved my badge and questionnaire. As I took my seat, a familiar face approached me and asked, “Did you used to work at BMC Software?” I told her, “Yes, I did.” I recognized her face, but I couldn’t remember her name. I was focused on getting my badge and questionnaire when her name had been called out. For now, I just knew her as Potential Juror #17.
SIDEBAR: Just between you and me. As I looked over the questionnaire, I asked myself, “How can I get myself out of this?” I noticed the following question “Have you ever witnessed or experienced discrimination or harassment?” I thought this is where I can play the gay card. I answered the question, some gay friends and I have been harassed while at baseball games by heterosexual, macho men. I thought this would be good enough to get me disqualified from the jury. I also noticed some of the other questions. Had I worked for the US Government? Had I been a US Government Contractor? Had I served in the US Military? I asked myself, “Is this a case about Don’t Ask, Don’t Tell?” I completed my questionnaire and took it to the gentleman at the front of the room and left.
It was a little after noon when I made my way back to the Jury Assembly Room. A gentleman in the check-in area asked me, “Have you picked up your expense check?” I told him, “No.” He asked, “What’s your name?” I gave it to him. He then found my check and handed it to me. I thought to myself, “If only the rest of the Federal Government could work this efficiently.”
As I entered the Jury Assembly Room, I saw the familiar face I knew from when I worked at BMC Software. During the break, I remembered her name was Beth. I decided to sit next to her. We started to chat and she told me, “I know what this case is about. It’s been in the news lately.” I shrugged my shoulders as if to say, “I don’t know.”
Right then, Judge Ellison made his way to the podium at the front of the Jury Assembly Room. He told the group that it would be another fifteen minutes before we would be taken upstairs to his courtroom to start the voir dire proceedings. He was apologetic for the delay. I noted that he looked like an easy-going guy and I liked that.
Around 12:30 pm the group was told to line up outside the Juror Assembly Room by badge number. In groups of twelve, we were taken to the elevators to go to the third floor where Judge Ellison’s courtroom was located. We waited outside his courtroom until the entire juror pool had made their way onto the floor.
Ms. Stephanie, Judge Ellison’s Case Manager, gave the group some basic instructions about what was going to happen next. She said, “This is your time to speak up. Make sure you participate and answer the lawyer’s questions as best you can. It’s been my experience if you sit there quietly you will have a better chance of getting selected for the jury. You will stand, state your badge number, and respond to the question being asked.”
A young lady standing near me was confused. She asked me, “Did she say to speak up or not?” I whispered to her, “Make sure you speak up.” I later realized this was Lindsay, another person selected to serve on the jury.
The group was then led into Judge Ellison’s courtroom. As I approached the public gallery, I looked at the plaintiff’s table and saw a face that looked somewhat familiar, but couldn’t quite place it.
SIDEBAR: Just between you and me. “Voir dire” is a French term which means “To speak the truth.” In jury selection, voir dire refers to the process for selecting a panel of jurors by asking them questions. Voir dire usually begins when the judge or the lawyers explain the general nature of the case to be tried, along with the names of the lawyers and parties involved in the case. The prospective jurors are given an oath to truthfully answer any question they may be asked. The judge may start by asking a few general questions. The judge or lawyers ask whether anyone is acquainted with any of the people involved in the lawsuit and whether anyone has any knowledge of the lawsuit. The lawyers for the parties will then take turns asking questions.
For the next ninety minutes, the lawyers took turns asking the group questions. It was during this time that we learned the case involved Ms. Jamie Leigh Jones, as the plaintiff, and co-defendants Kellogg Brown & Root [KBR] and Mr. Charles Bortz. When Mr. Estefan, the plaintiff’s attorney, asked, “Has there ever been a time when you couldn’t remember something that happened to you?” I got up, very nervous, and said, “Number 15, yes, if something traumatic happens to you.” Mr. Estefan asked, “Could you please explain what you mean by that?” I said, “Sometimes our memories are blocked to protect us from further emotional distress.” Mr. Estefan nodded his head in agreement. I then sat back down.
SIDEBAR: Just between you and me. When I was seven years old, I was involved in a car accident with my grandmother. She passed away from her injuries. To this day, I can’t recall any memories of my grandmother. Is it because the car accident had been so traumatic for me? I’ll never know for sure.
Remember, the SIDEBAR comments I make throughout the book are just my opinion. It was obvious that several people liked to hear themselves talk during the voir dire proceedings. I remember Potential Jurors 7, 8, 9, 11, 22, 25 and 39 answering multiple questions. I’ll be honest, Potential Juror 11, he was driving me nuts! His responses would ramble on forever.
Around 3:30 pm, Judge Ellison gave the group a ten-minute break from the proceedings. We were allowed to leave the courtroom to get a drink of water or use the restroom. As I left the room, I noticed the air was much cooler in the hallway. The courtroom had gotten so warm and the cool air was very refreshing. I made my way to the water fountain to get a drink.
As I came back up the hallway, Beth approached me and said, “I counted nearly fifty witness names that had been read out loud. Wouldn’t it be a pain if you got selected for the jury?” I smiled and nodded my head in agreement. We chatted about one of the responses she had given the lawyers. She asked me, “Did you think my response was confusing?” I told her, “I don’t think the lawyer understood what you were trying to say.”
At this point, the bailiff asked us to line up once again.
SIDEBAR: Just between you and me. As Potential Juror 11 approached me, I said, “Here come’s Potential Juror 11!” I said it, with tone, and a look on my face, as if to say, “Dude, come on!” He smiled and said, “Yeah, I know. I tend to ramble.” I nodded my head and said, “Yes. I agree.” He was a nice enough guy, but I was hoping those would be the last words I would hear come out of his mouth that day.
While we waited to enter the courtroom, several comments were made about how long this process was taking. We all agreed it was taking a lot longer than any of us thought it was going to.
Back in the courtroom, the lawyers continued to ask the group questions. I thought to myself, “Yeah right. I'll be out of here by noon. That's what everyone told me.” I laughed to myself and said, “You wait till I see those guys.”
As the proceedings continued, Mr. Estefan asked, “Is there anyone in the room that doesn’t trust the US Government, and if so, why not?” One person responded, but I don’t remember exactly what he said. I would later learn this was Ryan, another person selected to serve on the jury. Mr. Estefan asked, “Is there anyone else that would care to reply?” As I was bored, and my nerves had settled down, I said, without getting out of my seat, “Yeah, I want to know what’s going on in Area 51?” With that, the entire courtroom broke out laughing.
As expected, Potential Juror 11 continued to answer several more questions. This didn’t help my attitude towards him at all. To my surprise, Mr. Estefan nicely said, “If you have already answered several questions, we thank you, but we need to hear from those individuals who haven’t spoken yet.”
SIDEBAR: Just between you and me. I thought to myself, “Thank God! Now maybe Potential Juror 11 would shut up.”
By 5:00 pm, the courtroom was very hot and we were all tired. Judge Ellison, being an observant man, took control of the proceedings. He thanked the group for being patient with the court. He asked the lawyers to approach his bench.
SIDEBAR: Just between you and me. I want you to know, this was no easy task. The plaintiff, Jamie Leigh Jones, was represented by two lawyers, KBR/Halliburton had six lawyers, and Charles Bortz had two lawyers. For several minutes Judge Ellison spoke with the lawyers. He then asked them to return to their seats.
Judge Ellison told the group that several of us would be needed to answer follow-up questions to the comments we had provided on the questionnaires we had completed that morning. He read out loud the badge numbers of the people that needed to stay. I was truly amazed. He read just about every number between one and fifty. I asked myself, “Why hadn’t he just read the badge numbers for the people who didn’t need to stay?” He then gave us another ten-minute break.
After the break, a number of people had lined up to approach the judge’s bench. They wanted to plead their case for being excused from jury duty. Judge Ellison told the group that he wasn’t going to keep us in the courtroom while he, and the lawyers, decided who would be selected to serve on the jury. He told us, “If you get a phone call or email from the court, you need to respond to it right away.” A little while later, it was determined that everyone that remained needed to speak with the judge and lawyers. It was a mad dash to get in line. As luck would have it, I ended up with about ten people in front of me.
SIDEBAR: Just between you and me. It seemed like the first couple of people took forever to plead their case. I thought to myself, “I’m not going to get home before 7:00 pm.” I rolled my eyes and looked at the ceiling. I was tired and frustrated. If you knew me, you’d know I don’t have a poker face. You know exactly what I’m thinking by looking at my face. It took about thirty minutes before I could approach the judge’s bench. This was a daunting task. It felt like I was going into the lion’s den. I was surrounded by Judge Ellison and all these lawyers and they were now totally focused on me.
As I took my place in the center of the group, I was told Ms. Vorpahl, KBR’s lead attorney, had a follow-up question for me. I said to myself, “I know what this is about. She’s going to ask me about my response to the harassment question.” I was right. She said, “Since you have personally been taunted would you favor the plaintiff in this case since she was a victim too?” I said, “No.” She then asked, “Would you consider all parties to be equal in this case?” “Would you favor the plaintiff?” I said, “No, all would be equal.”
With no further questions from the lawyers or Judge Ellison, he told me I was free to go. I nodded my head and left the courtroom.
SIDEBAR: Just between you and me. As I made my way to my truck, I was happy the day was over and truly amazed I had been there all day. I said to myself, “There is no way they are going to select me for the jury.”
After I got home, I called Carla, my best friend and companion in crime, to let her know how my day had gone. I told her the judge said that if I hadn’t received a phone call or got an email from the court, then I hadn’t been selected for the jury. I must have jinxed myself. No more had those words come out of my mouth when I received another call. I told Carla, “I need to go” and took the call. It was an automated message from the court telling me I had been selected as a juror. I needed to report to the Houston Federal Courthouse, Courtroom 3A at 8:30 am on Tuesday morning, June 14, 2011.
I called Carla back and simply said, “Fu*k.” She started to laugh and said, “I can’t believe you got selected.” I told her that I tried to play the gay card, but guessed that it hadn’t worked. We both started to laugh. We shared a few more words and then I told her good night. It was now around 9:00 pm in the evening. It had finally hit me. I had been selected to serve on the jury. I asked myself, “What were the odds? Out of a city of four-and-half-million people, what were the odds I’d get selected?” On the one hand, it was going to be an interesting case, but on the other, I remembered Judge Ellison saying the case was going to take a minimum of three weeks to complete.
Tuesday, Jun/14/2011, Juror #3, Opening Statements
I awoke around 6:30 am on Tuesday morning. I hadn’t slept well. I couldn’t stop thinking about the trial. Kind of like starting a new job, nervous but excited at the same time. I got showered, dressed, and made my way to the Federal Courthouse in downtown Houston. I parked my truck in the Alley Theatre Parking Garage. As I walked to the Federal Courthouse, I noticed of all the media trucks surrounding it.
I entered the courthouse and went to the reception area outside Courtroom 3A. It was now around 8:00 am. Since I had arrived thirty minutes early, I decided to call my coworker to make sure she had gotten my message that I had been selected to serve on the jury. When I finished my call, a pretty, young girl approached me and asked, “Have you been selected for the jury?” I said, “Yes.” She then led me to the jury room. During our walk, she told me that she was the twelve-year-old daughter of the Case Manager, Ms. Stephanie. As I entered the room, I noticed I was the first juror there. On the table were a pile of juror badges and writing tablets. While I waited for the others to arrive, I walked around and looked at the pictures and articles mounted on the walls. There were thank-you cards from prior jurors and a number of magazine and newspaper articles on Judge Ellison and the other judges that serve the Southern District of Texas.
One by one, Ms. Stephanie’s daughter brought the other jurors into the room. I recognized some of the faces from the day before. We exchanged pleasantries as they took their seats around the table. Ms. Stephanie said, “Breakfast will be provided each morning, as well as cookies for the afternoon break. You should try and arrive at the courthouse thirty minutes before the start of trial each day. You are to wear your juror badges at all times to let people in the courthouse know you are a juror. If anyone from the media or a lawyer involved with this case should approach you and attempt to ask you a question you are to let me know immediately. I will take action to ensure it doesn’t happen again.”
As we waited for the eleventh and twelfth jurors to show up, two individuals told Ms. Stephanie that they would like to be excused from the jury. Each was taken into the courtroom by Ms. Stephanie to plead their case with Judge Ellison and the lawyers. A little while later, Ms. Stephanie told them that Judge Ellison and the lawyers were reviewing their requests. She didn’t know if they would be excused or not. The lawyers were pretty happy with the jury they had selected.
Around 10:00 am the eleventh juror showed up. Ms. Stephanie told us, “I am still trying to track down the twelfth juror. A thirteenth juror has been called. He is on his way. He lives in Cypress. It’s going to take him about an hour to get to the courthouse as he is coming into downtown on a metro bus.” Over the next hour, Ms. Stephanie kept tabs on the progress of the thirteenth juror. At one point she told us, “The bailiff and I may go get him off the metro bus and bring him to the courthouse ourselves.” She was clearly frustrated that it had taken all morning to get the jury pulled together.
As we waited, there was an awkward silence in the jury room. We didn’t know one another, so everyone pretty much kept to themselves. I had brought a book of Sudoku games. I ripped out several games and handed them to Kevin, Ryan, and Lindsay to help pass the time.
Jeff, the thirteenth juror, finally arrived around 11:45 am. Ms. Stephanie informed the group that Judge Ellison was excusing the two individuals from the jury. As they left, they wished us luck. We were now left with eleven jurors.
Next, Ms. Stephanie went through the list of jurors so we knew how to line up as we entered the courtroom. “Noah would be juror 1, Jake was juror 2, Paul was juror 3, Lincoln was juror 4, Ryan was juror 5, Della was juror 6, Kevin was juror 7, Halle was juror 8, Lindsay was juror 9, Drew was juror 10, and Jeff was juror 11.” She told us, “For civil trials, a minimum of six jurors are needed. A maximum of fourteen can be used. Judge Ellison and the lawyers had agreed to use eleven jurors for this case.”
A little while later, Ms. Stephanie came into the jury room and said, “Judge Ellison says it’s time for lunch. You need to be back in the jury room by 1:00 pm. There is a cafeteria on the first floor and several places to eat nearby.”
Shortly after 1:00 pm, we were led into Judge Ellison’s courtroom. It was overwhelming. I could feel all these eyes staring at me. After we took our places in the jury box, we were told to raise our right hand as Ms. Stephanie administered the juror oath.
Judge Ellison then told the courtroom, “You may be seated.” He then told the jury, “The opening statements you are about to hear are not to be considered evidence. A lawyer cannot testify on behalf of his/her client.”
So here we go. Are you ready? Hold on to your seat, it’s going to be a bumpy ride.
Opening Statements
Plaintiff’s [Ms. Jamie Leigh Jones] lead attorney, Mr. Todd Kelly, went first …
I noticed Mr. Kelly had stage presence. He was tall, handsome, nicely dressed and wore cowboy boots. He had a confident swagger. He was very theatrical. I thought to myself, “If he ever wanted to change professions, he’d probably be a good actor.”
Ms. Jones was sitting about ten feet from where I sat in the jury box. She kept direct eye contact with the jury during Mr. Kelly’s opening statement. I found myself staring back at her. She got very emotional as he delivered his opening statement. I noticed someone handed her some tissues so she could wipe her tears from her face. The courtroom had become emotionally charged. I was hearing Mr. Kelly’s words as I looked into Ms. Jones’ eyes. I could sense the hurt and shame she was feeling. Lindsay, who was sitting directly behind me in the jury box, was crying at times as well.
During Mr. Kelly’s opening statement, he was interrupted twice by Judge Ellison. The judge couldn’t hear what he was saying. I thought to myself, “If I was Mr. Kelly, I’d be pissed.” Both interruptions had occurred at critical moments in his opening statement, which, I felt, lessened the impacts Mr. Kelly was hoping to achieve with the jurors.
At one point, Mr. Kelly offered me a fake drink as I sat in the jury box. I was surprised by this. I didn’t know what to do. I froze in my tracks. Later on in the jury room, Ryan would mention what Mr. Kelly did and we all had a good laugh about it.
These items were mentioned in Mr. Kelly’s Opening Statement. Keep in mind, these items are just highlights. They are listed one after the other here, but are not to be considered continuous by you.
Remember, none of this is considered evidence.
* “KBR had entered into a Cost Plus contract with the US Military.”
* “The contract included a bonus for good work performed by KBR.”
* “KBR knew about the sexual harassment issues at Camp Hope since 2004.”
* “Ms. Jones had been at a social gathering with Sarah Simco and four KBR firefighters the evening of July 27, 2005.”
* “Ms. Jones drank one-third of an eight-ounce cup at the social gathering.”
* “Arbitration, is it a fair resolution for sexual harassment claims?” Mr. Kelly said, “No, it is not!”
* Mr. Kelly asked the jury, “Fraud, does it have to be material?”
* “Mr. Eric Iler, Jamie’s KBR boss in Houston, was making plans to follow her to Baghdad.”
* “Ms. Jones asked Pete Arroyo ‘Are you married? Are you happily married?’ She did this because she wanted to know if she could trust him.
* “Ms. Jones told Pete Arroyo she was 22 years old because she wanted to socialize in camp.”
* “The ratio of females to males in Barracks 2 [where Jamie was housed] was 25 to 500.”
* “These were the events of July 28, 2005, the day after the social gathering:”
- “At 6:15 am, Jamie woke up naked and groggy. She noticed bruises on her body and a man in the lower bunk in her room.”
- “At 7:00 am, Jamie went to work.”
- “At 7:19 am, Jamie started sending emails to Pete Arroyo.”
- “Later, the same day, Pete Arroyo, concerned for Jamie, took her to the KBR Clinic.”
- “Kristen Rumba, the Physician’s Assistant, would ask Pete to take Jamie to the Military Hospital.”
- “Dr. Schultz noted areas of bruising and tears on Jamie’s vagina and anus.”
- “After the exam, Jamie was taken to a shipping container and guarded by two men.”
- “Jamie made a call to her father, Tom Jones.”
- “Tom Jones contacted Congressman Ted Poe’s office for assistance.”
- “Congressman Poe got the State Department involved.”
- “Jamie’s written statement was taken after KBR had been told by the State Department to stand down.”
Mr. Charles McKinney, lead defense lawyer for Charles Bortz, went next …
SIDEBAR: Just between you and me. This is what I remember most about Mr. McKinney’s Opening Statement, “My client is no Saint, but he’s not the devil either.” Mr. McKinney was soft spoken. He was hard to hear. The microphones hanging from the ceiling didn’t pick up all the audio in the room. There were dead spots located throughout the courtroom.
Mr. McKinney told the jury that we would be presented with different types of records throughout the trial. The lawyers will use medical records, witness testimony, printed emails, and other documents as evidence.
These items were mentioned in Mr. McKinney’s Opening Statement. Keep in mind, these items are just highlights. They are listed one after the other here, but are not to be considered continuous by you.
Remember, none of this is considered evidence:
* “Ms. Jones had taken medications to control her anxiety and depression since she was fifteen years old.”
* “Ms. Jones had upset Sarah Simco the night of July 27, 2005.”
* “Ms. Jones attended the social gathering and flirted with Mr. Bortz the night of July 27, 2005.”
* “Ms. Jones invited Charles back to her room where they had normal, consensual sex.”
* “Ms. Jones slept with Charles Bortz the night of July 27, 2005 into the morning of July 28, 2005.”
* “On the morning of July 28, 2005, Charles Bortz awoke first and went to the restroom.”
* “While returning to Ms. Jones’ room, he ran into Mr. Adams in the hallway outside Ms. Jones room.”
* “After Ms. Jones returned from the restroom, she asked Charles “Did we have sex?” Charles said, “Yes.”
* “Ms. Jones asked “Was the sex protected?” Charles said, “No.”
* “Mr. Bortz will testify he found these questions puzzling.”
* “Ms. Jones would tell Charles that she was just joking.”
* “Ms. Jones got a ride to work from Mr. Arroyo the morning of July 28, 2005.”
* “Mr. Arroyo will testify that Ms. Jones appeared fine to him that morning on the ride into work.”
* “At 7:19 am, Ms. Jones started an email exchange with Mr. Arroyo. Pete told her not to get caught up in camp gossip.”
* “At 7:43 am, Ms. Jones sent an email to Pete that read, “The girls hate me here.”
* “Ms. Jones was thinking it was only day three and she already had enemies.”
* “By the time KBR investigated Ms. Jones’ alleged assault she had already started to change her story.”
* “There are inconsistencies with Ms. Jones’ story. The timing of events don't line up.”
* “After Ms. Jones returned from Iraq, she visited Dr. Scott, her OB/GYN, on August 5, 2005. Dr. Scott didn’t record that a rape had occurred in the medical record that day.”
* “Ms. Jones suffered from fissures in her genital skin before she left for Iraq.”
* “Ms. Jones doesn’t suffer from Post-Traumatic Stress Disorder [PTSD].”
* “Ms. Jones suffers from a Personality Disorder.”
Ms. Joanne Vorpahl, lead defense lawyer for KBR, went next …
SIDEBAR: Just between you and me. This is what I remember most about Ms. Vorpahl’s Opening Statement, “KBR isn’t the company Ms. Jones makes us out to be, and Ms. Jones isn’t the person she claims to be.”
These items were mentioned in Ms. Vorpahl’s Opening Statement. Keep in mind, these items are just highlights. They are listed one after the other here, but are not to be considered continuous by you.
Remember, none of this is considered evidence:
* “The LOGCAP III Contract allowed KBR to provide assistance to the US Military in Iraq.”
* “KBR’s code of Business Conduct is discussed at great length with each of its employees.”
* “Sexual Harassment claims are to be reported to the employee’s supervisor.”
* “One week of mandatory training was conducted at Greens Point Mall in Houston, Texas before Ms. Jones left for her job assignment in Iraq.”
* “While working for KBR, Ms. Jones made $37,000 in Houston and $110,000 at Camp Hope in Iraq.”
* “Ms. Jones signed an employment contract while at the orientation in Houston.”
* “Ms. Jones filled out her medical questionnaire untruthfully.”
* “Ms. Jones was told she would be going into a war zone.”
* “Ms. Jones could be housed in a tent, barracks, or hooch while at Camp Hope in Iraq.”
* “Ms. Jones would be located in Camp Hope working with the US State Department.”
* “In 2005, the State Department allowed their employees to drink alcohol, so KBR allowed their employees to drink in Camp Hope while Ms. Jones was there.”
* “Charles Bortz arrived at Camp Hope in April 2005.”
* “Ms. Jones arrived at Camp Hope on July 25, 2005 and left on July 31, 2005.”
* “Ms. Jones was housed in Barracks 2, Room 201 while at Camp Hope.”
* “In July 2005, Barracks 2 housed 47 males and 29 females.”
* “In July 2005, the second floor of Barracks 2 housed 23 males and 19 females.”
* “Mr. Kara Hall was in charge of Human Resources at Camp Hope in 2005.”
* “Mr. Jim Coin was responsible for the Employee Relations department at Camp Hope in 2005.”
With the Opening Statements now complete, Judge Ellison determined it was a good point for the afternoon break.
Afternoon break ….
SIDEBAR: Just between you and me. In the jury room, Jake told us that his dad is an acquaintance of Judge Ellison. I thought to myself, “If that wasn’t a reason to get him excused from the jury, then what was?” I was surprised to hear this, but then I remembered that Judge Ellison had asked Jake during the voir dire proceedings “Is my relationship with your father going to have any impact on the decisions you will make?” Jake said, “No.” I liked Jake. He was a smart guy. I was glad he was serving on the jury with me.
Throughout the day, I learned the following about the other jurors. One was self-employed and lived in Katy. One works in HR for a major retail organization. One was a student entering his junior year in college. One was a recent graduate with a degree in education. One’s dad had provided legal counsel to KBR in the past. One graduated high school at nineteen and was in the Vietnam Conflict by December of the same year. One was a mechanic by trade and one traveled extensively for work. I told the jurors, “I work in Information Technology, just like Ms. Jones did when she worked for Halliburton/KBR.”
Back in the courtroom, Judge Ellison told the jury, “There are two types of witnesses. A Factual Witness is someone involved with the case. An Expert Witness is someone who offers their knowledge on a specific subject area.” He asked the jury, “Do you understand the difference between the two?” The jurors in the first row nodded our heads to indicate we did. Judge Ellison said, “Some evidence you are about to hear happened at times other than when the events for this case took place. It’s up to you to determine its relevance to the immediate case. The further away in time it occurred, the less relevance it should have, and vice versa.” He asked the jury, “Do you understand what I am trying to say?” All the jurors in the front row nodded our heads once again that we did.
Plaintiff’s First Witness - Ms. Amy Katz – she testified about Sexual Harassment at the KBR Camps.
Ms. Katz raised her right hand and took the witness oath from Ms. Stephanie. I noticed she wasn’t overly dressed for court. She was wearing a denim skirt with embroidered flowers on it. Based on what she was wearing, I thought to myself, “Yeah, this is a 60’s love child.” She had long, brown hair. She was of medium height and average build.
Ms. Katz was asked, “Tell the jury about yourself?” Ms. Katz said, “I have a master’s degree. I specialize in Cross-Cultural Training. This involves getting different cultures to work together.”
Ms. Katz was asked, “Tell the jury about your work assignments with BR [Brown & Root]?"
Ms. Katz said, “I started working for Brown & Root in July 1998 as a Human Resources Training Coordinator. My final job ended in October 1999.”
Ms. Katz was asked, “Did you ever work at Camp Hope in Iraq?”
Ms. Katz said, “No, I never worked at Camp Hope or the Green Zone. I’d never met Ms. Jones before the start of this trial. I’ve never met the defendant, Charles Bortz.”
Ms. Katz was questioned about her job as the HR Training Coordinator while working in Bosnia and Hungary in 1998. Ms. Katz said, “I was determined to accomplish the HR task I’d been given. I needed to interview the Brown & Root employees in Bosnia, so I made arrangements with a military convoy [Brown & Root’s client] to tag along so I could get into Bosnia. My manager at the time was Mr. Kara Hall. He reported to the Area Manager, Mr. Robert Ellis.”
Ms. Katz told the jury, “I uncovered the following issues during my trip to the KBR camp in Bosnia:”
* Discrimination of the local nationals [LNs]
* Sexual harassment, which had been an ongoing problem for many years
* Employees who were afraid to report the sexual harassment for fear of losing their job
* Sexual favors, which happened for both females and males
Ms. Katz was asked, “What happened to you once you submitted your report to Mr. Ellis, the area manager?”
Ms. Katz said, “Once I submitted my findings to Mr. Ellis, my manager [Mr. Hall] told me I was being reprimanded and to never set foot in Bosnia again.” Mr. Hall told me, “All you need to do is just show up. Play it safe. Try not to make waves.”
Ms. Katz was asked, “What happened to you in February 1999?”
Ms. Katz said, “In February 1999, after I filed a formal complaint, I was let go as the Training Coordinator at Brown & Root. I felt this was retaliation for filing the complaint. Mr. Hall listed my exit reason as ‘Contract Complete’. I decided to stay in Hungary after I was let go by BR. I was eventually rehired by Brown & Root later that same year.”
Ms. Katz was asked, “Tell the jury what happened during your second work assignment with Brown and Root?”
Ms. Katz said, “In October 1999, I reported the following issues to Human Resources:
Ms. Katz said, “In one of the Brown & Root camps, two Porta-Johns had been set up. One was for the local nationals and the other for the Ex-Pats [BR employees]. The toilets were guarded by Brown & Root personnel to enforce their use. When this situation was reported to the head of HR, his response was, “The locals are dirty.” Ms. Katz said, “This shouldn’t have been an issue if the number of daily cleanings required of the facilities had been done.”
Ms. Katz said, “In another incident, a picnic was held by Brown & Root to congratulate a local camp for accomplishing their goals. The local nationals, who had performed the majority of the work, were excluded from attending the picnic. BR management said the locals would bring too many family members to the function.”
Ms. Katz said, “While I worked as the camp photographer, I took a picture of a sandbag machine. When the Operations Manager in Houston saw the photo, it was determined the machine was being used incorrectly. I was scolded by the local management for taking the picture.”
Ms. Katz’s testimony continued on for some time. Here are some highlights from that testimony.
Ms. Katz told the jury, “The Arbitration Clause in my employment contract allowed BR [Brown & Root, aka KBR] to keep things secret. During my intake process, there was insufficient time for me to read the entire employment contract that I had been given. I found it important to protect BR’s image over its people at all costs. In 2000, I settled my claim with Brown & Root in mediation.”
At this point in her testimony, Ms. Katz was passed to Mr. McKinney, lead attorney for Charles Bortz, for questioning.
Mr. McKinney asked Ms. Katz, “Please recap the work assignments you held with Brown and Root?”
Ms. Katz said, “I worked nine months as the HR training coordinator in the Balkans, one month as a MWR [Morale, Welfare, Recreation] coordinator, one week in the transportation department, and five months as the camp photographer / historian / documentarian.”
As it was now 5:20 pm, Judge Ellison asked the jury, “What time will court start tomorrow?” I looked around the jury box and nobody spoke up, so I said, “We’d like to start at 8:30 am.”
SIDEBAR: Just between you and me. Once we were back in the jury room, Ryan thanked me for responding to Judge Ellison’s question. Otherwise, we knew we’d be starting court at 9:30 am the next day. The jurors had previously discussed the start times and we had agreed that 8:30 am would be a good time to start each day.
Wednesday, Jun/15/2011, Plaintiff’s Sexual Harassment Witnesses
The jury room was particularly cold this morning. After everyone arrived, I asked, “Did 5:30 pm work for everyone last night?” Jeff said, “I got home around 7:00 pm.” Ryan said, “I got home a little while later.” Since no one else responded, we agreed that 5:30 pm would be a good time to quit each day. We soon learned that Judge Ellison and the lawyers would determine when court would end each day.
The jury entered the courtroom around 8:45 am. Ms. Katz was sitting in the witness chair ready to continue on with her testimony.
Mr. McKinney asked Ms. Katz, “What does clairvoyance mean?” She had listed this as a skill on her resume.
Ms. Katz said, “Clairvoyance involves seeing intuitive images or dreaming while awake. A person’s emotional state will determine what they see.
SIDEBAR: Just between you and me. I believe the defense lawyers brought this up to attack Ms. Katz’s character. Most people find anything to do with psychics or their abilities to be somewhat questionable.
Mr. McKinney asked Ms. Katz, “What formal training is required to be a HR Training Coordinator?”
Ms. Katz said, “There is no formal training or legal certification. There is EEOC [Equal Employment Opportunity Commission] training available. I draw upon my own practical experience or street smarts and my college education to evaluate people and how to handle their situations.”
Ms. Katz was questioned about the training materials she developed for Brown & Root.
Ms. Katz said, “The content I developed covered the issues I documented at the various Brown & Root camps that I had visited. The training covered the following issues:
* Sexual harassment
* Non-enforcement of rules
* Promotions for wrong doers
* Poor communication
* Fear and disrespect
Ms. Katz’s testimony continued on for some time. One highlight of this testimony included a statement she made, “If the situation in the camps was left unchanged, bad things would eventually happen.”
SIDEBAR: Just between you and me. Ms. Katz also told the jury about one Brown & Root Manager who would line up the local nationals and ask them if they would have sex with him as part of his hiring process.
When Ms. Katz finished testifying, she took a seat in the public gallery. She had planned to hear the testimony of the other witnesses that day. However, when Mr. Kara Hall, KBR’s Human Resource Manager at Camp Hope in 2005, took the stand, I noticed that Ms. Katz was asked to leave the courtroom by a member of Mr. Kelly’s legal team.
SIDEBAR: Just between you and me. I thought this was strange, asking Ms. Katz to leave the courtroom, and wondered why Mr. Kelly’s legal team had done it. I will tell you why in a little bit.
Mid-morning break …
SIDEBAR: Just between you and me. In the jury room, Lindsay initiated a game of Hangman on the whiteboard. I didn’t think Ms. Jones would appreciate knowing how we were entertaining ourselves. Later that day, Lindsay would use the word Clairvoyance in another game and Ryan would use the phrase, “What happens in the jury room, stays in the jury room.”
Plaintiff’s Witness, Ms. Julie Lafronca – she testified about sexual harassment in the KBR camps in Iraq.
My first impression of Ms. Lafronca, she might be a push over and an easy target for the defense lawyers. She came across as timid and fragile.
Ms. Lafronca was asked, “Tell the jury about yourself? Ms. Lafronca said, “I signed a one-year employment contract with KBR in January 2005. I was hired as a MWR [Morale, Welfare, and Recreation] Coordinator. I was fired in May of 2005.”
Ms. Lafronca was asked, “Tell the jury about your work assignments in Iraq?”
Ms. Lafronca said, “I worked at several camps in Iraq. I was forced to clean used condoms and clean men’s dirty underwear. I was propositioned by the men all the time. I had to listen to them talk about their exploits with other women. I listened to their comments about penis sizes. I listened to them talk about woman’s breasts and that mine were considered lemons. I reported all of this to KBR management in Iraq.”
Ms. Lafronca was asked, “How did you handle yourself around the men in camp?”
Ms. Lafronca said, “I told them I wasn’t interested when they would proposition me. That I believed in my faith.”
Ms. Lafronca was asked, “Who did you report these incidents to?”
Ms. Lafronca said, “I reported the incidents twice to KBR management. After I filed a formal complaint, in which KBR did nothing, my work assignment changed. I went from being a MWR Coordinator at the gym to working at a construction site. I didn’t have the skills for this type of work. My supervisor, Mike, told me I could no longer use the KBR vehicles to get to work. I was delivered a box with bike parts but given no tools to assemble them. My medical care was denied, and I was fired for insubordination.”
Ms. Lafronca was asked, “Did you use KBR’s Dispute Resolution Program?”
Ms. Lafronca said, “Yes, I filed a formal complaint. I was forced into arbitration when I got back to Houston. The mediation was supposed to be neutral, but it didn’t feel that way. During the proceedings, several of my documents were missing. Others had been altered, such as notes being whited out. The result of the arbitration was ‘no cause’. I felt KBR was retaliating against me for filing the sexual harassment claim. I was not allowed to appeal the findings of the mediator.”
Ms. Lafronca was asked, “Was your room ever searched while you lived in Iraq?”
Ms. Lafronca said, “Yes, it was. I also have personal knowledge of a woman named Patty. An unannounced search was done of her room. A personal device [dildo] was found during the search. The man who found it mocked Patty and told her ‘You should use a real bull.’ He also told Patty ‘You should use a real penis as meat.’ The men would taunt Patty with humping motions all the time. She also had to listen to comments about her breast size from these men as well.”
SIDEBAR: Just between you and me. Okay, I can’t make this stuff up. I’m sitting in my chair in the Federal Courthouse in Houston, Texas, and I’m listening to testimony about dildos and humping actions. At the time, I thought, “What twilight zone have I entered?” Little did I know this was just the beginning of the bizarre testimony that would take place throughout the trial. If you’re shocked by this, you’ll be amazed by some of the witness testimony coming up. Portions of one witness’ testimony truly deserved an ‘Adults Only’ rating.
As Ms. Lafronca’s testimony continued, she told Judge Ellison, “I have an unlisted cell phone number for my own security. Last weekend, someone called my number and asked for me by name.” I asked, “Whose calling?” The gentleman told me, “I’m with KBR.” She said, “I immediately hung up on him. I want to know, how did he get my phone number?”
At this point, the KBR lawyers asked Judge Ellison if they could approach his bench. It was explained to Judge Ellison that Ms. Lafronca’s phone number was found on the internet. That the lawyer was calling only to find out when she would be testifying in the case.
SIDEBAR: Just between you and me. I want you to know, Ms. Lafronca also told the judge that an attempted burglary of her home had occurred the same weekend she received the phone call from the KBR lawyer. Ms. Lafronca said, “I feared for my life. I live in a remote area, and I’m a single mother.” I want you to know, it wasn’t proven in court if the two incidents were related in any way.
As Ms. Lafronca’s testimony continued, the KBR lawyer told the jury, “Ms. Lafronca was never physically assaulted while working for KBR in Iraq. In Ms. Lafronca’s initial complaint, which was three and a half pages long, she never once mentions sexual harassment.
Ms. Lafronca’s second complaint included the following items:”
* I was having issues with another female coworker named Patty McCarthy.
* The volume in the gym was being turned up or down without my permission.
* I was ostracized by my co-workers after I filed my complaint with management.
* I was mad about the way the towels were being folded.
Ms. Lafronca told the jury, “A written complaint I made about the sexual harassment is missing. KBR claims they can’t find it. I want you to know, my supervisor did bad things, and I feared retaliation from him. KBR’s open-door policy simply didn’t work.”