Casefile True Crime - Case 157: The Strip Search Scam

Episode Date: September 26, 2020

** Warning: This episode contains descriptions of sexual violence *** The evening of April 9, 2004, started as a regular, uneventful shift for employees at a McDonald’s restaurant in Mount Washing...ton, Kentucky. Until 4:56 PM, when the phone rang and the man on the other line introduced himself as Officer Scott.  --- Episode narrated by the Anonymous Host Researched and written by Erin Munro Creative Director: Milly Raso For all credits and sources please visit casefilepodcast.com/case-157-the-strip-search-scam

Transcript
Discussion (0)
Starting point is 00:00:00 Oil sands operations contribute significant carbon emissions in Canada. So the six largest companies have teamed up to make strides on the path to NetZero. Investing in technology and innovation. Already cut emissions in average 22% per barrel. Working with governments to create and protect jobs. Developing one of the world's largest carbon capture and storage facilities. Our NetZero plan is in motion and we're making progress on multiple pathways. See our plan in action at pathwaysalliance.ca
Starting point is 00:00:44 Our episodes deal with serious and often distressing incidents. If you feel at any time you need support, please contact your local crisis centre. For suggested phone numbers for confidential support, please see the show notes for this episode on your app or on our website. Due to the nature of this crime, K-Spile has elected to change the names of several individuals featured in this episode. In April of 2004, teenager Laura Fletcher had recently celebrated her 18th birthday. She was in the final months of her senior year of high school and was set to graduate as one of the top 10 students in her class. An avid painter and photographer, Laura took advanced art lessons to further her creative skills. But her main ambition was to study pre-med at the University of Louisville in her home state of Kentucky so she could later attend medical school.
Starting point is 00:01:45 Laura's reputation for being responsible and well-behaved extended outside of school hours. She attended church regularly and had previously been a Girl Scout. When her mother's health issues led to her losing her job, Laura offered to help support her family. In January 2004, she got a part-time job at a local McDonald's fast food restaurant near her home in Mount Washington. Earning $6.35 an hour, Laura was a reliable employee who was always willing to help out by taking on extra shifts. At around 4.45pm on Friday, April 9, Laura was preparing to head home after finishing an afternoon shift. Before she left, her manager asked if she could stay a little longer to cover for another employee who had just called in sick. Friday evenings were always busy and the restaurant couldn't afford to be understaffed.
Starting point is 00:02:51 Laura would only have to stay until someone else could be found to work the entire shift. Happy to help and eager for the chance to earn a little extra money, Laura agreed to continue working. McDonald's employees who worked a double shift were given a free meal to tide them over, so Laura took a short break to eat before returning behind the counter. Also working that night was 51-year-old Donna Summers, one of the restaurant's assistant managers. Like Laura, Summers was relatively new to the franchise. She had only been working there for about 8 months. Just as Laura returned to serving customers, the restaurant's phone rang at 4.56pm. Summers answered it. On the other end was a man who identified himself as a police officer named Officer Scott. Officer Scott explained that he had McDonald's corporate on another line, as well as Lisa Siddons, the store's manager.
Starting point is 00:04:29 He was calling because a child who had been in the restaurant earlier had her coin purse stolen. The culprit was believed to be one of Summers employees. He provided a physical description of the suspect, young, white and female, with a petite build and dark hair. She was wearing a McDonald's uniform. Officer Scott also described a tie that the suspect was wearing. Summers immediately thought of Laura Fletcher. Even though her work record was exemplary, she'd fit the suspect's description perfectly. While leaving Officer Scott waiting on the phone, Summers found Laura and asked her to accompany her to the manager's office at the back of the restaurant. The small, cramped room had a tiled floor with a desk and a countertop running against opposing walls. Their surfaces were crowded with a computer and various items of stationery.
Starting point is 00:05:35 A filing cabinet sat to one side and boxes were stacked beneath the bench top. Perched up high in the ceiling was a CCTV camera. Summers led Laura into the manager's office before locking the door behind them. She then informed Laura that a police officer had accused her of robbing a customer. Shocked, Laura immediately protested her innocence, telling her manager, Donna, I've never done anything wrong. I could never steal. Summers responded that a police officer had described Laura as the person responsible. Officer Scott was still waiting on the phone.
Starting point is 00:06:23 Summers switched between speaking to him and Laura. Officer Scott informed Summers that Laura had two choices. She could either submit to a search for the stolen purse then and there, or she could wait until an officer came to arrest her and undergo a search at the police station. Upon learning of her options, Laura started to cry and to beg to be taken to the police station so the matter could be cleared up there. Summers handed the phone to Laura, who spoke to Officer Scott herself. After doing so, Laura agreed to be searched on the spot.
Starting point is 00:07:07 Officer Scott issued instructions to Summers, who in turn relayed them to Laura. First, Laura was asked to empty her pockets. She did so without complaint. After handing over her keys and her cell phone, Laura revealed there was no stolen purse in her pockets. Officer Scott suspected that the item could be hidden underneath Laura's clothing and ordered her to undress. By this time, another assistant manager named Kim Dockery arrived to start work. Kim was set to replace Summers for the evening shift. Upon discovering what was happening in the manager's office, Kim asked what was going on. Summers refused to say, at Officer Scott's command.
Starting point is 00:08:04 As Summers and Kim looked on, Laura reluctantly removed her McDonald's uniform one piece at a time until she stood in nothing but her underwear. She covered her face and cried, while Summers inspected each garment closely and shook each of them out. There was no sign of the stolen purse in Laura's clothing. She was then instructed to remove her underwear and surrender that as well. Laura was now completely naked. As Summers queried the validity of the accusation against Laura, Officer Scott made a startling statement. He told Summers that Laura was also being investigated for using and to dealing drugs.
Starting point is 00:08:57 Police officers were currently searching her family home in nearby Taylorsville. Consequently, Laura's clothes and other belongings were considered evidence in the drug investigation. Officer Scott told Summers to place them all inside a bag and leave them in her car so that he could collect them shortly. Summers did as she was told. Kim Dockery hugged Laura and tried to comfort her, stating, If this was happening to my daughter, I'd be pissed. She handed Laura an apron so that she could cover herself. As the restaurant was experiencing its peak hour, Kim returned to the restaurant floor.
Starting point is 00:09:48 Summers told Officer Scott that she also needed to get back to work. He requested that she find a male employee to watch over Laura until police arrived. Summers summoned Jason Bradley, a 27-year-old cook. She left him in the office with Laura and the telephone while she went back to her managerial duties in the restaurant. Laura held the apron against the front of her body as Jason faced away from her and spoke to Officer Scott. Upon learning that Laura was wearing nothing but an apron, Officer Scott told Jason to remove it and describe her body to him. This made Jason angry. After speaking with the officer for several minutes, he stormed out of the office and told Summers the entire matter was a lot of BS.
Starting point is 00:10:46 He flatly told her that he wanted no part of it before resuming his work in the kitchen. Summers didn't understand what Jason was upset about, so she resumed control of the phone. By now, it had been 40 minutes since she had answered Officer Scott's call. Summers explained that there was nobody else available to keep watch over Laura. In response, Officer Scott asked, Are you married? Summers giggled and informed the officer that she was actually engaged. When asked if she trusted her fiance, Summers said she did. Officer Scott queried whether Summers' fiance would be able to come to the restaurant to keep an eye on Laura.
Starting point is 00:11:39 Summers agreed to call him and ask. Walter Nix Jr. was a 42-year-old father of two who worked as an exterminator. A churchgoing man who coached youth baseball teams, he was considered an upstanding member of the community. He and Donna Summers had only recently gotten engaged. Shortly before 6pm, Summers used her cell phone to call Nix. She explained that an employee was being investigated for theft and dealing drugs. When asked if he could help by keeping watch over her until police arrived, Nix agreed. He arrived at the McDonald's soon afterwards.
Starting point is 00:12:31 Summers ushered her fiance to the manager's office, then left him alone with Laura and to the office phone. Laura was crying. She couldn't leave the office despite her desire to do so. Her only escape would be to run naked through the busy restaurant floor. She also felt physically intimidated by Nix, who was a foot taller than her and weighed 230 pounds. Laura stood with her back against one of the counters. Nix sat on a nearby swivel chair and spoke to Officer Scott, who identified himself as a detective. He requested that Nix remove Laura's apron and describe her body. Unlike Jason earlier, Nix did as asked.
Starting point is 00:13:27 He also began relaying other directions. Laura was made to stand on a chair and a desk so that she could be examined closely. Then she was ordered to perform star jumps to shake loose any items she might be concealing in or on her body. She was forced to run on the spot until she worked up a sweat. Officer Scott said that this would help determine what kind of drugs she had taken. He also had her bend over so that Nix could perform a cavity search. Every now and then, Nix would hand Laura the phone so she could speak to Officer Scott herself. The officer told Laura that if she wanted to keep her job, then she needed to cooperate.
Starting point is 00:14:21 Occasionally, Donna Summers or Kim Dockery entered the office. Nix alerted Officer Scott whenever they could be heard returning. In turn, he would tell Nix to stop what he was doing. Nix would throw the apron back at Laura and instruct her to be quiet. Laura did not tell Summers about the things she was being forced to do, but each time she saw her manager, she begged to be let go. By 6.50pm, Laura had been in the office with Nix for almost an hour. Officer Scott's demands were becoming increasingly distressing.
Starting point is 00:15:07 When Laura failed to address him as sir and continued to ask questions, Nix was ordered to spank her as punishment. While seated, Nix made Laura's life face down across his thighs and slapped her buttocks forcefully for almost 10 minutes. Large red waltz appeared on her skin. Throughout the beating, Laura begged Nix to stop. She told him that the orders were ridiculous. Her pleas only resulted in Nix hitting her more violently.
Starting point is 00:15:46 The beating concluded at about 7.05pm. Several minutes later, Donna Summers returned to the office. Nix was seated and Laura was standing with her back to the corner nearest the computer. She had the apron covering her. When Summers moved close to get something, Laura quietly begged, Please get me out of here. Donna, please, please. I didn't do anything wrong. Please believe me. She asked Summers to call the police directly
Starting point is 00:16:27 but was told that they were still waiting for an officer to arrive. Summers then left the office. Nix and Laura were left alone once more. Officer Scott resumed his instructions. He told Nix to have Laura sit on his lap and give him a kiss so that he could smell anything that might be on her breath. Laura went numb and felt as though her soul left her body. Just before 7.30pm, Officer Scott demanded that Laura remove Nix's pants
Starting point is 00:17:10 and perform oral sex on him. She cried and pleaded with her captor stating, No, I didn't do anything wrong. This is ridiculous. Nix threatened to hit her again if she didn't do as Officer Scott ordered. Consequently, Laura was sexually assaulted yet again. Just over 10 minutes later at 7.52pm, Donna Summers re-entered the office to fetch some gift certificates. Laura was again cowering in the corner and Nix was standing.
Starting point is 00:17:53 At Officer Scott's direction, he handed the phone back to Summers. Nix then left the restaurant and got in his car. He drove the few short blocks to his home. Once inside, he called a friend telling him, I have done something terribly bad. Meanwhile, Donna Summers was following Officer Scott's directive to find someone to replace Nix in the manager's office. She selected 58-year-old maintenance worker Thomas Sims.
Starting point is 00:18:32 He wasn't rusted on that day and had just stopped by the restaurant to have a coffee and dessert. Summers asked Thomas to accompany her to the back office. Laura Fletcher was inside, attempting to conceal her naked body with a small apron. Shocked, Thomas took the phone and Summers left him alone with Laura. Officer Scott then ordered Thomas to remove Laura's apron and describe her body. He also asked repeatedly what Laura was doing with her hands. Thomas refused to comply and instead left to find Summers.
Starting point is 00:19:19 He told her what the caller was asking him to do and stated, Something is not right about this. Thomas demanded that Laura's clothes be returned to her and that someone call the police. Stunned by what Thomas had told her, Summers called the store manager Lisa Siddons. Officer Scott had been claiming that Lisa was on the other line for the entire duration of his call. Lisa answered the phone sounding tired. She had no idea what Summers was referring to and explained that she had been in bed sleeping. Summers became distraught and began begging Laura for forgiveness.
Starting point is 00:20:09 Confused and concerned, Lisa headed to the restaurant. Once Summers realized she had been duped, the caller pretending to be Officer Scott hung up. Laura Fletcher's ordeal had gone on for almost three hours. Freezing cold and trembling in shock, she asked whether she would still need to work her shift the next day. Assistant manager Kim Dockery reassured Laura that she could take as much time off as she needed. She was given her clothes and allowed to dress. Meanwhile, Lisa Siddons and some of the restaurant's other employees arrived at the scene. The panicked McDonald's workers gathered in the manager's office.
Starting point is 00:21:02 After discussing the matter amongst themselves, they called the police at around 9pm. As the Mount Washington police station was only a quarter of a mile away, officers arrived within five minutes. In 2004, Mount Washington had a population of about 8,500 people. Consequently, the local police department was small, with just 16 officers on staff. Buddy Stump was the department's only detective. He had only been on the job for several weeks when the call came through from the nearby McDonald's. He was the first of his colleagues to arrive at the restaurant and listened in disbelief as he was told what had happened there. The CCTV camera in the manager's office captured Laura Fletcher's entire ordeal.
Starting point is 00:22:03 The footage enraged Detective Stump. He suspected the prank call was made from a payphone within sight of the McDonald's building, so that the perpetrator could watch the fallout of his sick joke. The following day, the Mount Washington police chief decided to type the words McDonald's strip search into Google. To his and Detective Stump's surprise, the search resulted in hundreds of hits. Similar phone calls had been made throughout the United States. In all of the incidents, a male caller would claim to be either a police officer or another kind of authority figure, then ask a store manager to assist with an investigation.
Starting point is 00:22:55 Their requests always involved ordering a strip search be carried out on a young woman, often a teenager. Most of the calls were made to fast food restaurants, but grocery stores had also received a few. The caller appeared to be deliberately targeting small town communities. He had been active for 12 years, with his earliest calls dating back to 1992. There was a sudden spike in reports throughout the late 90s and early 2000s. The Mount Washington incident wasn't the first time he had targeted a store in Kentucky. On November 30, 2000, a female manager at a McDonald's in Litchfield received a call from a man claiming to be a police officer. He suspected one of the customers inside the restaurant was a sex offender
Starting point is 00:23:54 and persuaded the manager to remove her clothing in an attempt to bait the suspect into committing sexual assault. He promised that undercover officers were monitoring the situation and would rush in to protect her before an assault could actually take place. By the end of the year 2000, more than a dozen of these scam calls had been reported. When 2003 drew to a close, there had been almost 60 similar incidents. Police departments struggled to determine what actual crime had been committed or how to pursue the caller. This led to the reported phone calls often being filed under miscellaneous. As time went on, the perpetrator's demands grew increasingly aggressive. In February 2003, the perpetrator called a McDonald's in Hinesville, Georgia.
Starting point is 00:24:57 Pretending to be a police officer, he commanded the restaurant manager to strip search a female employee in the women's bathroom. He then convinced her to bring in a male employee and had him carry out a cavity search on the victim. By 2004, there had been 70 of these hoaxes perpetrated across 32 American states. In February, he targeted four separate Wendy's fast food restaurants in several neighborhoods south of Boston, Massachusetts. Investigators there initially believed it was a local matter, but after looking online, they discovered the true extent of the offending. A multi-jurisdictional task force was established to investigate the crimes, led by Detective Sergeant Victor Flaherty. Just weeks before Laura Fletcher was assaulted, a 17-year-old female customer at a Taco Bell in Maricopa County, Arizona, was stripped searched by a manager while he was on the phone with the supposed police officer. Like Laura, the girl was made to perform star jumps and endure a cavity search.
Starting point is 00:26:17 On this occasion, the local law enforcement was aware of the wider pattern and the task force established in Massachusetts. The Maricopa County Sheriff gave an interview on CNN, warning the public about the nationwide trend. He called it, a very dangerous situation. By the time Laura Fletcher was assaulted, at least 17 McDonald's managers had been duped by the caller. More than a dozen employees were charged with various crimes as a result, but the perpetrator remained a mystery. Those who had taken his calls described him as having a calm and authoritative manner. His conversations were peppered with police jargon, adding an element of authenticity. He often knew the names of restaurant managers or local police officers and used these to sound more credible. Some managers carried out the caller's orders with enthusiasm, but others cried while doing as they were told.
Starting point is 00:27:31 One individual who assaulted an employee on the caller's orders later stated, I didn't want to be doing it, but it was like he was watching me. Upon learning of the scammer's extensive history, Detective Buddy Stump made it his goal to identify and capture him once and for all. After the offender had hung up on his call to the Mount Washington McDonald's, an employee had the presence of mind to dial star six nine. This function allowed a call made to a landline to be returned. The employee jotted down the scammer's number, but it was listed to a non-existent phone. Despite this, Detective Stump was able to determine that a prepaid calling card from telecommunications company AT&T was used to make the call. This discovery had also been made by other police departments, but they'd struggled to find any further information.
Starting point is 00:28:43 Detective Stump was able to trace the use of the card to a payphone located outside a supermarket in Panama City, a coastal city in Florida, more than 600 miles away. After calling AT&T directly, Detective Stump learned that the largest seller of their phone cards in Panama City was Walmart, a nationwide chain of discount department stores. There were three Walmart's in Panama City. Detective Stump contacted Panama City Police, who put him in touch with Detective Victor Flaherty, the investigator leading the Massachusetts-based task force investigating the strip search scammer. Detective Flaherty had already linked the Boston scam calls to an AT&T prepaid calling card sold at a Panama City Walmart. He had even isolated the specific store where it had been purchased. However, the store only had CCTV cameras covering its entrances and exits. As there was no surveillance in place around its cash registers, there was no footage of the suspect actually buying the card.
Starting point is 00:30:04 Nevertheless, Detective Flaherty made a note of individuals filmed entering the store at the approximate time the card was sold. Detective Stump and Flaherty joined forces and began trying to find out when and where the calling card used in the Mount Washington case was purchased. They sourced its personal identification number and determined it had been sold at another Panama City Walmart on Friday, April 9 at 3.02pm, less than two hours before the caller initiated Laura Fletcher's assault. The card was purchased with cash, so there was no paper trail. Yet, this particular Walmart had surveillance cameras filming its registers. Footage taken at the exact time the card was sold revealed that the buyer was a white man aged between 35 and 40. He had dark, slicked back hair and eyeglasses. He wore a pair of pants with a blue stripe down the side and a black jacket with small white lettering.
Starting point is 00:31:22 Detective Flaherty recognized the man as one of the individuals he had noted entering the other Panama City Walmart at the time the calling card used in the Boston scams was bought. On June 28, Detective Flaherty arrived in Panama City to speak with local detectives. When shown the Walmart CCTV footage of the suspect, the Panama City detectives immediately recognized his clothing. It was the uniform worn by officers employed at Bay Correctional Facility, a private prison in the area. Detective Flaherty went to the prison and the warden identified the Walmart shopper as 38-year-old David Stewart. He was a guard who had worked the prison's swing shift for the past 11 months. Stewart was married with five children. He'd previously worked as a truck driver and mall security guard. He had also volunteered as an auxiliary sheriff's deputy.
Starting point is 00:32:35 Detective Flaherty paid Stewart a visit and after introducing himself, asked, Why would a sergeant from Massachusetts be coming down here to talk to you? Stewart replied that he had no idea. Detective Flaherty then queried whether he had ever owned a calling card. At that moment, it appeared to Detective Flaherty that Stewart began shaking and sweating profusely. He unclipped the tie he was wearing and asked whether anyone had been hurt. Detective Flaherty said that no one had been physically harmed, but he was sure there would be ongoing mental traumas. Stewart then remarked,
Starting point is 00:33:24 Amen. It's over. Despite his cryptic remark expressing relief that it was all over, David Stewart claimed to know nothing about the scam calls and denied ever owning a calling card. He then promptly retained a lawyer and reserved the right to remain silent. Massachusetts investigators were unsure what to even charge him with and Panama City police were unfamiliar with the calls he was accused of making. 20 miles north of Panama City, officers pulled into the dirt road that led to Stewart's mobile home. They had been issued a warrant to search the premises. Inside the trailer, they found multiple guns and holsters.
Starting point is 00:34:26 Hundreds of law enforcement magazines were scattered about. There were also dozens of applications for jobs at police departments. A single prepaid calling card was recovered. It wasn't the one used to call the Mount Washington McDonald's, but it was connected to nine other scam calls made during the summer of 2003. The targets in those calls included Wendy's and Burger King restaurants in Idaho and Oklahoma. The first of David Stewart's charges was handed down by Mount Washington police. They charged him with soliciting for sodomy, which was a felony crime. He was placed under arrest and extradited to Kentucky.
Starting point is 00:35:17 He was also charged with impersonating a police officer, as well as the misdemeanors of soliciting sexual abuse and unlawful imprisonment. Stewart pleaded not guilty and was released on bail for $100,000. His trial was slated to take place at the end of the year. The other individuals involved in Laura Fletcher's assault were facing ramifications of their own. Walter Nix was charged with sodomy and assault. He maintained that he too was a victim, as he genuinely believed he was following the orders of a police officer, even when those orders turned violent and sexual. His fiance, Donna Summers, had been shown the CCTV footage of Nix sexually assaulting Laura and promptly ended their relationship. Summers was initially suspended from her assistant manager position at McDonald's and later fired.
Starting point is 00:36:22 In dismissing her, McDonald's cited violation of company policy, specifically bringing a non-employee behind the store's counters. Summers was also charged with one misdemeanor count of unlawful imprisonment. The other assistant manager on duty that night, Kim Dockery, was transferred to another restaurant. Laura Fletcher never returned to her job at McDonald's. The ordeal left her suffering from panic attacks, insomnia, anxiety, and depression, and she was terrorized by nightmares of a man attacking her. Laura did graduate high school the month after her attack, but was too traumatized to enroll at the University of Louisville as she had planned. In a court document filed that year, she stated, I can't trust anyone. I push people out of my life because I don't want them to know what happened.
Starting point is 00:37:32 Laura Fletcher filed a civil lawsuit against McDonald's, alleging that they had failed to warn employees of the strip search scammer who was targeting fast food outlets. In response, McDonald's stated in court documents that Laura herself was partially to blame for her assault. They asserted that she should have realized that the caller was not a real police officer. The company's reaction upset Laura and played a part in her approving a plea bargain for Walter Nix. She wanted an apology and for her name to be absolved. His charges of sodomy and assault together carried a maximum of 20 years in prison. They were negotiated down to one count of unlawful imprisonment and one of sexual misconduct. Nix had agreed to say sorry to Laura in court and explained that she wasn't to blame.
Starting point is 00:38:35 In October 2005, it was announced that Nix would only receive probation despite previously agreeing to a one-year term. The prosecuting attorney said that he agreed to probation because Nix didn't have a criminal history and his story of being duped by an experienced hoaxer would likely be compelling to a jury. He did note, however, that it was troubling that somebody could believe performing a sexual act would form part of any criminal investigation. Quote, there had to be a point where he realized that this wasn't right. Nix entered an outfit plea which allowed him to maintain his innocence while acknowledging that there was enough evidence to convict him. When Laura discovered that this deal allowed Nix to technically deny any wrongdoing and would prevent him from having to register as a sex offender, she felt betrayed yet again. Her lawyer explained that her opposition stemmed from Nix's claim that he'd merely been following orders. Quote, that is the defence made by Germans at Nuremberg. You could be fooled into some of the things he did, but not sodomy.
Starting point is 00:40:02 On November 2, 2005, Nix's lawyer argued in court that his outfit plea be allowed to stand. She pointed to her client's remorse and his below-average IQ of 83, stating, He does feel terribly ashamed. He has hurt his family and himself and Laura. Nix offered a public apology to Laura, saying, I had no intention of hurting anyone. Nevertheless, Judge Tom Waller rejected the plea agreement. He had viewed the surveillance footage of the attack and was deeply troubled by what had occurred. He set a trial date for the following month. At around the same time that Nix's court proceedings were being negotiated, Laura agreed to speak to the ABC news program Primetime about her ordeal.
Starting point is 00:41:04 She explained how she had trusted Donna Summers, believing her role as assistant manager meant she would take care of her staff. Laura teared up as she described how she had felt during the strip search, stating, I was scared. I didn't know what to think. I didn't know what to do. I was petrified. She said that she had desperately wanted to escape the office, but couldn't bear the added humiliation of running naked through the busy restaurant. Laura's parents had raised her to do as she was told without arguing, and she said this made it difficult for her to refuse the orders of an older adult. The show included comments from a clinical psychologist who confirmed that Laura's description of feeling as though she had left her own body during the assault was common among survivors of sexual abuse. Donna Summers also agreed to participate in the program. Like her fiance, Summers was adamant that she had believed the individual on the phone was a police officer.
Starting point is 00:42:18 Throughout the interview, Summers' version of events directly contradicted the CCTV footage shown of the attack. She said Laura had not cried or begged for the strip search to stop, but the video evidence showed her openly sobbing and pleading with her managers. When asked why she left a naked teenager alone with her fiance, Summers repeatedly stated that Laura had always been covered up. Yet, the interviewer pointed out that the apron given to Laura was small and only partially concealed the front of her body. Summers denied ever seeing Laura without her apron while Nix was supervising her. The interviewer attempted to show Summers a portion of the surveillance video that showed her entering the office while Laura was completely naked. Summers' lawyer interrupted from off-camera to prevent her client from offering an explanation. Walter Nix's trial date was delayed so that he could undergo a mental health evaluation.
Starting point is 00:43:33 Eventually, his lawyers negotiated another plea deal. In February 2006, Nix pleaded guilty to charges of sexual abuse, sexual misconduct and unlawful imprisonment in exchange for a five-year prison sentence. When asked if she agreed to the deal, Laura confirmed that she did. This new arrangement required Nix to serve time, register as a sex offender and testify as a witness at the pending trial of the alleged scammer, David Stewart. Three weeks later, Donna Summers entered an offered plea to her misdemeanor charge of unlawful imprisonment. She had initially intended to plead not guilty, but an agreement was struck to prevent Laura from having to testify. Summers was sentenced to one year's probation. The prosecutor had argued in favor of Summers being sent to prison, stating,
Starting point is 00:44:40 It didn't matter whether Summers thought she was dealing with police or not. If the president of the United States said to take that child's clothes away and detain her in that room, there was no excuse for it. However, leniency was granted after Laura said that she believed her former manager had been genuinely duped and was another victim of the crime. Summers left the courthouse in tears. She told the media that she never would have detained and stripped Laura if McDonald's had warned her about the other scam phone calls. David Stewart's trial commenced on October 24, 2006, at the Bullitt County Circuit Court. It had been two and a half years since Laura Fletcher's assault. The delaying court proceedings was to allow for the charges against Nicks and Summers to be addressed first, so they could appear as witnesses against Stewart.
Starting point is 00:45:49 In their opening address, the prosecution warned the jury that they would be hearing testimony so bizarre that it would be difficult to believe. Yet, the court was assured that phone records and surveillance video would prove the defendant's guilt. Stewart's attorney insisted that the allegations were false and there was no evidence to support them. He claimed that police had only charged his client because they were desperate to make an arrest. Walter Nicks took the stand and told the court that within minutes of speaking to the individual calling himself Officer Scott, he felt as though the man had control of his mind. Nicks described himself as easygoing and amenable to following authority figures. He discussed the tasks that Officer Scott wanted Laura to perform and explained how he had conveyed them on the officer's behalf. Under cross-examination by Stewart's attorney, Nicks was asked whether he had eventually realized that the things he was doing had nothing to do with a police investigation.
Starting point is 00:47:04 Nicks insisted that he had simply done as instructed and described the caller as a smooth talker. Donna Summers also testified. She claimed she had spoken to three separate people on the phone with the main individual being Officer Scott. In the background, she heard the static of police radios. Summers said that Officer Scott had known the names of several of her employees as well as the name of a customer in the restaurant. He'd claimed that he had the store's manager, Lisa Siddons, on another line. Summers even thought she'd heard Lisa's voice in the background during the call. Under cross-examination, Summers was asked whether she thought the call could have been made from an outdoor pay phone as the prosecution was alleging. She said that wasn't possible.
Starting point is 00:48:07 Mount Washington investigator Detective Buddy Stump was asked how the scammer could have known employee and customer names or presented himself as three separate individuals. He replied that he didn't know, as investigators were never able to verify those assertions. Laura Fletcher, who was now 20 years old, testified on the second day of the trial. Summers had claimed that she gave Laura the choice to be searched at the restaurant or be taken into police custody and that Laura had opted to stay at McDonald's. Laura refuted this, saying that she had begged to be taken to the police station in the hopes that the matter could be sorted out there. When the prosecutor asked why she never tried to leave the office, Laura explained that she felt she couldn't as she was naked and feared nicks might hurt her. Moreover, she depended on the job to support her family and was terrified of losing it. As her father was an Air Force veteran, she had been raised to respect and obey her elders and authority figures.
Starting point is 00:49:26 Laura said she had pleaded for Summers to help her on multiple occasions, but was ignored. While relating details of her ordeal to the court, Laura noted there were gaps in her memory as she had, quote, blanked out some aspects of the assault. Detective Victor Flaherty told the court that Stewart had made the cryptic remark, Amen, it's over, during their initial conversation. Stewart's attorney insisted that the comment was made at the end of an interrogation and was an expression of relief that it was over. The defense attempted to cast doubt by pointing out that no one had seen Stewart at the payphone where the three-hour call to the Mount Washington McDonald's was made from. They also pointed out that although a prepaid calling card linked to several scam calls was found in Stewart's home, it was not the one used to contact the Mount Washington McDonald's. Thomas Sims, the maintenance worker who had put a stop to Laura's ordeal, testified that Laura had stated she was going to get a big check as a result of what she had been through. Thomas admitted that he'd never told the police about this remark and only repeated it to McDonald's corporate officials who had interviewed him later on.
Starting point is 00:50:58 Stewart's legal team used this testimony to theorize that Laura had orchestrated the attack as a scam to obtain a large sum of money. Laura's attorney told the media that the accusation that her client was involved in her own assault was, quote, a ridiculous and desperate suggestion. In his closing argument, Stewart's lawyer told the jury that his client was nothing more than a fall guy for police, stating, They came to a conclusion, then went about looking for facts to support it. On Tuesday, October 31, the jury of six men and six women retired to consider their verdict. They returned to court less than two hours later. David Stewart closed his eyes and bowed his head as a not guilty verdict was read aloud. The jury had acquitted him of all charges.
Starting point is 00:52:07 When he was permitted to leave the courtroom, Stewart left in silence with his family. He refused to speak with the waiting press. Stewart's attorney celebrated the acquittal and told journalists it was the result of what evidence the prosecution had. But prosecutor Mike Mann said he was certain police had found the right person. He pointed out that there had been no further strip search scam calls since Stewart was arrested two and a half years earlier. Law enforcement agencies in other jurisdictions across the country had been waiting to see how the trial against Stewart panned out. For many of the scam calls that occurred prior to Laura Fletcher's assault, the only crime Stewart could have been charged with was a misdemeanor. Extradition from another state would not have been permitted under these circumstances.
Starting point is 00:53:06 After the jury in Bullock County, Kentucky found Stewart not guilty, there were no further charges brought against him for any of the other cases throughout the United States, of which there were more than 70. Laura Fletcher was seeking more than $200 million in damages from McDonald's. She was suing the then $59 billion corporation for assault, battery, sexual harassment, and failure to train. Her attorneys alleged that McDonald's failed to protect Laura by neglecting to warn staff about the ongoing hoaxes. The company had been aware of the issue for at least two years prior to her ordeal. There had been about 30 other scam calls to McDonald's restaurants throughout the country that involved girls and young women being assaulted and forced to strip in front of others. 12 of these incidents resulted in the corporation being taken to court in four different states. Settlements had been reached in all of these cases.
Starting point is 00:54:19 Laura's was the first to proceed the trial. In addition to suing McDonald's, Laura's suit named assistant managers Donna Summers and Kim Dockery as well as David Stewart. Stewart responded with a letter that read in part, I received your notice but I'm in no way responsible. I feel bad for your loss because I am a victim as well. I lost my job, my home, and my car all over something I did not do. Louisville newspaper The Courier Journal revealed that Florida property records indicated Stewart had not lost the trailer where he resided, but he had deeded it to his wife for $100.
Starting point is 00:55:13 Donna Summers filed a cross complaint against McDonald's for $50 million. She claimed that they had failed to warn store managers about the hoaxer. Her case would be presented alongside Laura's. In response, McDonald's asserted that Laura was the victim of a malicious hoax by individuals not representing McDonald's. They blamed Summers and Walter Nix for the incident as well as Laura herself. McDonald's insisted that all three should have realized the call was a scam. They also stated that strip searches had been against company policy since 2001 and Summers should have known this as it was mentioned in the store manual. After a lengthy discovery period in which 57 depositions were obtained from more than 40 witnesses, the trial commenced in the Bullitt County Circuit Court on September 10, 2007.
Starting point is 00:56:22 McDonald's had withheld 16 boxes of evidence regarding prior hoaxes from the plaintiffs on the grounds that handing them over would violate attorney-client privilege. A judge forced them to surrender the material the evening before the trial began. The case had received national attention and consequently, it was difficult to find jurors who were unfamiliar with it. Out of 110 potential jurors, less than a dozen had never heard of the case before. Eventually, the pool was narrowed down to 15, including three alternates. The first witness for the plaintiffs was McDonald's US security manager who testified via video link about the other scam calls the company received between 1994 and 2004. He said that the company realized there was a problem in 2001 after franchises began reporting the incident. A top attorney for McDonald's conceded that the warning about the calls was inadequate.
Starting point is 00:57:37 They said employees weren't told about the scam calls because the corporation didn't want to discourage them from cooperating with the genuine law enforcement officers. Expert witness Barry Collins, who was a social psychologist from the University of California, told the court that all of the calls were likely made by a single perpetrator as they all shared an identical method and signature. He said that the perpetrator was someone who, quote, enjoyed being in control and ruining people's lives and derived some sexual pleasure from his exploits. Professor Collins explained that managers who fell for the scam calls were won over gradually. The caller would dish out compliments and commendation to encourage the managers and assure them that they were doing the right thing. His trivial requests slowly escalated to more outrageous demands. Collins testified that if McDonald's had been serious about putting a stop to the incidents, then they could have done so as they had intensive training programs set up on a range of other matters. A psychiatrist who had examined Laura testified that she would suffer post-traumatic stress disorder for the rest of her life.
Starting point is 00:59:07 She was also fearful of strangers and struggled with intimacy. On Thursday, September 20, Laura Fletcher began what would end up being six hours of testimony. She broke down in tears as she discussed the assault and its long-standing impact on her, including her struggle to conceal her pain, shame and humiliation from friends and family. When asked where she thought responsibility for the incident lay, she replied, McDonald's. When it was time for Donna Summers to take the stand, she wept and admitted that she had considered taking her own life due to ongoing feelings of guilt. Summers said she prayed for Laura daily, but acknowledged that she hadn't asked enough questions when the scammer called. She insisted that McDonald's had never trained her on the matter, or made it clear that strip searches were a violation of company policy. When asked why she left her fiance alone with a naked teenager, Summers said she had believed Nix was kind and gentle, and said she would have trusted him with her own daughter.
Starting point is 01:00:34 In their opening statement, McDonald's blamed Donna Summers for the assault by saying that if she hadn't violated company policy by bringing Nix into the manager's office, then it wouldn't have happened. The company denied the assertion that they had not sufficiently warned staff about the scammer. A few days before Laura's assault on April 9, 2004, a voice message about the calls was sent to McDonald's managers all over the country. One of the company's human resources executives testified that Donna Summers exercised poor judgment over a long period of time, and noted that she didn't have authority to remove Laura's clothing, or invite a non-employee to the back of the restaurant. A psychiatrist and psychologist who were paid as expert witnesses by McDonald's contradicted the plaintiff's psychiatrist by saying that Laura's trauma was not permanent. One even suggested that she had grown stronger as a result of her assault. The defense also argued that Laura now had a happy life with a long-term boyfriend and a well-paid job at a legal firm. Lisa Siddons, the Mount Washington McDonald's manager, appeared on behalf of the defense.
Starting point is 01:02:03 She said she had received the company's voicemail about the scammer, but hadn't passed it on to her assistant managers because she didn't think it was important. She also added, quote, Anyone dumb enough to fall for it shouldn't be a manager at McDonald's. On cross-examination, Lisa accepted that the voicemail had been vague. It merely referred to a caller asking for employees to be detained, and to mention nothing about strip searches. When asked if she would have treated the voicemail more seriously, had she known what sorts of abuses the caller was demanding, Lisa answered yes, and burst into tears. Lisa had worked for McDonald's since 1981, but said she was unfamiliar with its policy barring strip searches, and consequently couldn't have told her subordinates about it. It emerged that the company had never trained anybody on the policy. It was one of many listed in a 1000-page manual.
Starting point is 01:03:21 The trial concluded after four weeks. The jury of eight women and four men were given 31 pages of instructions and 12 possible verdicts to consider. After deliberating for 13 hours, the jury found in favour of Laura's suit. They assigned half of the blame for her assault to the scammer and the other half to McDonald's. Laura was awarded a total of $6.1 million. This included $1.1 million in compensatory damages and $5 million in punitive damages. The jury attached a note to their verdict imploring McDonald's to offer more employee training on sexual harassment and scam calls. It was later revealed that the jury had taken so long deliberating because they had been unable to agree on how much money Laura should receive. One juror wanted to award her $100 million, while another wanted to give her just $1. The jury also awarded $1.1 million to Donna Summers.
Starting point is 01:04:37 Kim Dockery, the other assistant manager who had been on duty at the time of Laura's assault, was exonerated of any responsibility. Laura burst into tears upon hearing the verdict and hugged her mother and grandparents. She also embraced Donna Summers and the two expressed their happiness for each other. Laura later told the press that she planned to use the money to go to law school as her original college plans had been derailed by her assault. Her lawyer described the verdict as a complete rejection of McDonald's claim that they bore no responsibility to Laura or other employees who had been victims of the strip search scams. Donna Summers told the media, It was never about the money. It was about getting the truth out that McDonald's knew all along what was going on. This was a complete vindication. McDonald's issued a statement that they would be considering whether or not to appeal the finding and noted,
Starting point is 01:05:52 As we've stated previously, this malicious hoax was perpetrated by individuals who do not represent our brand. What happened to Laura Fletcher was wrong and should never happen to anyone. McDonald's soon lodged an appeal. More than two years later, the Kentucky Court of Appeals ruled that they were upholding the jury's decision. A three-judge panel found that McDonald's legal department had been fully aware of the scammer, but made a conscious decision not to train or warn employees or managers about the calls. Despite upholding the decision, the judges deemed that the jury's sum awarded to Donna Summers had been excessive. Her payout was reduced from $1.1 million to $500,000. McDonald's was also ordered to pay a further $2.4 million in attorney fees for Laura. Laura, who had since become a mother, did not attend the appeal in person. Instead, one of her lawyers spoke to the media on her behalf stating that she was thrilled to learn of the verdict. McDonald's then decided to appeal the decision at Kentucky's Supreme Court. In 2010, while this petition was still pending, Laura settled with the company for an undisclosed amount, and McDonald's withdrew their second appeal. The case has drawn comparisons to a famous experiment conducted in the early 1960s by Yale University social psychologist Stanley Milgram.
Starting point is 01:07:48 In the experiment, Professor Milgram told his subjects that he was researching learning. What he was really studying was people's willingness to obey authority. Participants were asked to administer electric shocks at an ever-increasing voltage to another individual whenever that person answered a question incorrectly. The individuals on the receiving ends of the shocks were in fact actors who were not harmed at all. The experiment found that the majority of participants were willing to administer the electric shocks, even if they felt extremely upset about having to do so. In 1971, Stanford University Professor Philip Zimbardo carried out a similar study, which came to be known as the Stanford Prison Experiment. His college student participants were split into two groups and were either assigned the role of a prison guard or an inmate. Professor Zimbardo's aim was to investigate the psychological effects of perceived power. The students embraced their roles, and the guards soon became authoritative and alarmingly abusive towards the inmates.
Starting point is 01:09:12 The experiment was abandoned after just six days. Professor Zimbardo was later hired as a consultant by one of the fast-food chains that was targeted by the strip search scammer. He suspected that the person responsible had read up on Milgram's work and described him as, very skilled in human psychology. Since mid-2004, there have been no further reports of a self-identified police officer calling fast-food restaurants to demand employee strip searches.

There aren't comments yet for this episode. Click on any sentence in the transcript to leave a comment.