Press Release: Cease-and-Desist Letter issued to Gerry and Kate McCann, parents of Missing Madeleine McCann

PRESS RELEASE

Gerry and Kate McCann, parents of the missing Madeleine McCann, find themselves for the first time at the other end of a potential legal action. Top defense attorney, Anne Bremner, counsel to the Friends of Amanda Knox and the families of Rebecca Zahau and Susan Cox Powell, has issued a cease-and-desist letter (content posted below) on behalf of American criminal profiler Pat Brown whose book, Profile of the Disappearance of Madeleine McCann, was removed from sale by Amazon following a claim by the McCanns that the book was defamatory. In recent years, the McCanns have instructed their solicitors, Carter-Ruck, to send numerous cease-and-desist letters to people who have publicly questioned their possible involvement in their daughter’s disappearance nearly five years ago while on family holiday in Portugal.

Next week, on February 8th, retired solicitor Tony Bennett faces English prison as the McCanns’ fight to shut down his efforts to bring focus to aspects of the missing child case that point to the parents’ possible involvement. Also, the McCanns have sued the detective on their daughter’s case, Dr. Goncalo Amaral, for libel and have had his book, Truth of the Lie, pulled off the worldwide market. The trial is scheduled in Portugal for April. Now, Pat Brown has fought back for the cause of freedom of speech and justice, alleging that the McCanns have interfered with her right to conduct business and have damaged her professional reputation with their successful removal of her book from sale. On Monday, Pat will leave for Portugal to continue her quest for truth and justice in the case of Madeleine McCann.

The Find Madeleine Campaign operated by Gerry and Kate McCann has spent some 2.5 million pounds on the supposed search for their daughter, Madeline, who vanished in Praia da Luz, Portugal while on vacation with the family nearly five years ago and have come up empty handed. Since last May, a 37-man team headed up by Scotland Yard has spent 1.5 million pounds on salaries plus many more pounds following up supposed leads with no sign of success. Altogether, four million pounds has been forked out to locate a missing child with zero results. What, then, does American criminal profiler Pat Brown hope to accomplish with her two week trip to Portugal, beginning next week on February 6, with her small band of assistants and a few hundred euros of her own money?

She could find the truth. She could find Madeleine. She could find nothing but at least she won’t be costing the taxpayers millions or draining the pocketbooks of kindhearted donators chasing useless leads.

Pat Brown will be following up on the theory she purported in her Profile of the Disappearance of Madeleine McCann, her eBook which was pulled by Amazon at the request of the British solicitors Carter-Ruck on behalf of Gerry and Kate McCann. Amazon was told the book was defamatory in spite of the fact Ms. Brown clearly stated facts in the case, developed a theory based on those facts, and repeated numerous times that she makes no claim that the McCanns are guilty of any involvement in their daughter’s disappearance (other than leaving three children unattended night after night in the resort apartment). Since Gerry McCann clearly stated during the Leveson Inquiry, “I strongly believe in freedom of speech” and “I don't have a problem with somebody purporting a theory,” it is difficult to understand why the McCanns wanted the book to be repressed, except that it was selling well and that the theory she presented was being considered credible by a number of readers.

During her trip to Portugal, Pat Brown will study the town of Praia da Luz and environs, reconstruct the crime, and examine possible locations as to where Madeleine might have been taken, dead or alive. If she discovers evidence to support a theory other than the one that was the focus of her book, she will pursue that information. She is looking forward to meeting with Dr. Goncalo Amaral, the ex-detective on the McCann case. Meanwhile, it is her hope and that of her lawyer, Anne Bremner, that the McCanns rethink their actions regarding the Profile of the Disappearance of Madeleine McCann and instruct their solicitors to have Amazon return the book to the market (now available at Smashwords and Barnes & Noble online).

For interviews and media appearances, please contact:

Pat Brown

The Pat Brown Criminal Profiling Agency

she2000@comcast.net

301-633-1151

www.patbrownprofiling.com

www.sheprofilers.com

Anne M. BremnerStafford Frey Cooper, PC
3100 Two Union Square
601 Union Street
Seattle, WA 98101-1374

abremner@staffordfrey.com

206.623.9900

www.annebremner.com

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Cease-and-Desist Letter

Anne M. Bremner
Stafford Frey Cooper, PC
3100 Two Union Square
601 Union Street

Seattle, WA 98101-1374

February 1, 2012

Adam Tudor

Carter-Ruck

6 St Andrew Street

London EC4A 3AE

England

Dear Mr. Tudor,

In July 2011, American criminal profiler, author, and television commentator, Pat Brown, released on June 15, 2011 a self-published book of thirty-pages on Amazon.com, Amazon.co.uk, and Amazon.de, for the price of US2.99. It was titled Profile of the Disappearance of Madeleine McCann, sold 850 copies over the next five weeks and garnered 49 nearly all five star reviews on Amazon.uk alone. Then, the book vanished from sale on all three sites. Upon questioning, Pat Brown was informed by Amazon that they had received communications from Carter-Ruck on behalf of their clients Gerald and Kate McCann that the book was defamatory.

Mon 7/25/2011 7:27 PM

Dear Pat,

We have received a notice of defamation from Carter-Ruck Solicitors that says the content of Profile of the Disappearance of Madeleine McCann (UPDATED) B0055WYVCQ, contains defamatory statements regarding their clients, Gerry and Kat (sic) McCann.

Because we have no method of determining whether the content supplied to us is defamatory, we have removed the title from sale and will not reinstate it unless we receive confirmation from both parties that this matter has been resolved.

Carter-Ruck can be reached at:

6 St Andrew Street

London EC4A 3AE

T 020 7353 5005

Best regards,

Robert F.

http://www.amazon.com

This was quite a surprise to Pat Brown as she had never received any communications from the McCanns nor their solicitors concerning any defamatory material in this book, nor had she ever received any communication concerning any defamatory material in her blogs on the case she has posted online at The Daily Profiler over the last four years. As Ms. Brown is an analyst of evidence, she is careful to not state anything as a fact that is not a fact and to clearly state what is a hypothesis or a theory as opposed to proof. She has publicly and repeated explained to anyone reading her analyses of crime that criminal profiling is a methodology which explores the possible and theoretical scenarios that might be considered as logical based on evidence connected with the crime - forensic, linguistic, or behavioral. Any findings resulting from investigative tools which are not acceptable in certain courts of law (such as cadaver dogs or polygraphs) are noted as suitable for speculation, but not as solid proof of anyone’s guilt or involvement in criminal activities. Criminal profiling itself is an investigative tool and not a finding of guilt as Pat Brown clearly notes in her book.

Due to the speculative, if analytical, nature of Deductive Criminal Profiling, the methodology used by Pat Brown, she was careful to repeat numerous times throughout her publication that she was not accusing the McCanns of being involved in any crime or in the disappearance of their daughter, Madeleine. She was clearly only “purporting a theory” and exercising “free speech,” both manners of communication Gerry McCann stated he strongly supported under oath at the Leveson Inquiry on November 23, 2011 in London:

"I would like to emphasize that I strongly believe in freedom of speech, but where you have people who are repeatedly carrying out inaccuracies and have been shown to do so, then they should be held to account. That is the issue. I don't have a problem with somebody purporting a theory, writing fiction, suggestions, but clearly we've got to a stage where substandard reporting and sources, unnamed, made-up, non-verifiable, are a daily occurrence.” Gerry McCann

Pat Brown also believes in free speech and the right to purport a theory, it would seem she and Gerry McCann are in agreement that any work that purports a theory as opposed to false statements of fact is acceptable under freedom of speech. Pat Brown’s Profile of the Disappearance of Madeleine McCann opens up discussion of what happened to the McCann’s daughter, further stimulating interest in the case, and keeping Madeleine in the minds of the public. As the McCanns claim this is what they want, Pat Brown’s book is in accordance with this desire. In fact, it is the McCanns themselves who have clearly encouraged massive interest and speculation on this case. Pat Brown is in no way, therefore, infringing on any wish to keep talk about the case to a minimum.

By speaking and writing out quite often and in such a high profile manner, the McCanns have succeeded in making Madeleine McCann the most well-known missing child in modern history (since the Lindbergh baby in 1932). They have stimulated debate worldwide as to what happened to Madeleine. They have publicly purported their own theories; that someone took Madeleine because they wanted to raise a child, that she is being held captive in a sex ring, and that a pedophile had taken her. They have publicly disclosed many details of the case and repeatedly told their version of what occurred before, during, and after the disappearance of the daughter. They have discussed their emotions, behaviors, and opinions. Pat Brown is carrying on that discussion.

Utmost of importance in the entire matter, is the handling and funding of child abduction cases, the prevailing attitudes toward these crimes, and the future of catching child predators. Because the victims are so young and innocent, missing children are among the most publicized cases in the world. In the last three decades with the increase of the Internet and the 24-hour news cycle, awareness of child sex predators and stranger child abduction has radically increased fears of parents that their child will be taken and murdered. In reality, stranger abduction continues to be exceedingly rare for children of Madeleine’s age. Regardless, the paranoia that is engendered when a small child goes missing is a great stress to the community, the police, and resources. Therefore, it is extremely important that each and every case be properly analyzed and understood so that wrong ideas aren’t promulgated and funding and efforts are wasted investigating such crimes improperly. Each child that goes missing is a terrible tragedy for the parents, siblings, relative, friends, and community. Pat has great empathy for any family of a missing child and, most of all, compassion for the innocent young person who has suffered abuse, terror, sexual assault, and, possibly, an early death at the hands of others.

We are requesting that you respect Pat Brown’s right to free speech and to purport a theory as Gerry McCann has stated is not a problem for him. We request that the claim of libel be retracted for the Profile of the Disappearance of Madeleine McCann and the book permitted to be returned for sale at Amazon.

Respectfully,
Anne M. Bremner

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How to Become a Suspect 101

by Pat Brown

When a cable-news show host asks whether a particular character should be a suspect in a crime we're discussing, I talk about behavior, traits, or circumstances that might draw the attention of police. Sometimes I get mail from people who believe someone I or the police have named as a possible suspect is being unfairly targeted. Others want to know why I don't jump to name someone they're sure committed the crime. And sometimes I'm just playing devil's advocate when I see red flags being ignored or getting too much attention.

Red flags -- certain behaviors or traits of a person or the circumstances surrounding them, are just that: indicators that the person should be looked at more carefully as a potential suspect in a crime, but not considered guilty unless other evidence supports the accusation and the accusation is proven in court.

Four cases come to mind as examples in this class of How to Become a Suspect 101: The Quantico Marine case of 1983, the bizarre Madeline McCann case, the Haleigh Cummings saga, and the recent Balloon Boy case.

Bad Luck:

This is the No. 1 issue that will get you in trouble and connect you to a crime, whether the bad luck just happened to you or you created it by actually being the perpetrator. Richard and Miyumi Heene called 911 in a panic because their six-year-old son, Falcon, was supposedly aloft in a balloon Richard made, drifting across the skies in a silvery flying saucer-shaped airship. Later, the child was found to be hiding in the house and ignoring the shouts of searchers. The police say they are filing charges because the spectacle was a publicity stunt and the child was never in the balloon.

The incident occurred at the Heene residence. There was no one around but the family, and the balloon belonged to them. Either the kid was being a naughty boy and the parents got in trouble because of him, or the parents are lying.

Cpl. Lindsey Scott was in investigations at Quantico Marine Base (book about his ordeal available at Amazon) at the time a young woman was raped and her throat cut. His bad luck: the victim described her attacker to a sketch artist and when the drawing was complete, Lindsey Scott's workmates said, "Wow! That looks just like Scotty!" Scott also drove a gold Buick; although it didn't have the white top the girl saw on her attacker's car, it was still the color and make she described.

When Haleigh Cummings (on left below with the various suspects) and Madelaine McCann went missing, they disappeared from locations where their parents were supposed to be. Misty Croslin, Ronald Cummings's underage girlfriend who watched his kids while he worked, claims she was asleep when someone came into the house and snatched the child from the bedroom she shared with the children. Maddy McCann supposedly was taken while her parents left the child alone with her younger siblings and went off drinking at the resort restaurant.

In all these cases, particular individuals are now linked with each crime. These persons-of-interest could have been involved.

Alibis:

Okay, so they could have done it, but did they? Do they have alibis which will clear them? Lindsey Scott admits he wasn't at home when the victim linked to him was attacked. Scott was out and about, going back to his recently vacated apartment to clean an oven (no one saw him) and looking for a foot bath to buy for his pregnant wife (no one really remembers seeing him in the store).

Misty Croslin claims she was sleeping, which isn't much of an alibi; Ronald Cummings claims he was at work, but there is no proof the crime couldn't have been committed before he went to work.

The McCanns (pictured left with Madelaine in the red circle) were the last people to be with their daughter before they supposedly left her unattended and available to be taken from their room at the resort. The Heenes were home with their children when the boy supposedly climbed into the balloon, or the boy pretended he went up in a balloon and hid in the house. No one has a particularly good alibi.

Past behaviors:

The Heenes are publicity seekers who have already done one reality-TV show: an episode of "Wife Swap." Richard Heene, who met his wife in acting school, was pitching producers for a new show for his family just before the balloon incident, suggesting he might have been trying to get attention. But Heene has behaved so bizarrely in raising his children -- chasing tornadoes with them and letting them be extremely adventurous and curious -- that on this particular day maybe the kids just outdid themselves.

Misty likes to use drugs and party. She hooks up with an older man, Ronald Cummings, and plays Mommy to his two little children. Cummings has a questionable history of drug involvement and a controlling nature. So it's easy to think Misty may have been out partying, the child ingested drugs, or Misty might be covering for Ronald if he beat the child to death before he went to work.

The McCanns left their three children alone in a hotel room so the couple could have fun. Automatically this awakens suspicious of what else they would do, such as give the kids prescription medicine (both parents are physicians) to make them sleep while the parents were away.

Lindsey Scott is the only one who doesn't have any questionable past behaviors.

Post-Crime Behaviors:

The Heenes were more than eager to do television appearances. Richard Heene said, "Wow!" and then hung his head when his son Falcon blurted out on "The Today Show" that he hid because "They were doing a show." No longer so hungry for the public eye, Heene became angry at the cable networks for asking questions and insisted all future questions be in writing.

The McCanns never showed remorse for leaving their children unattended. They dressed nicely every day and continued normal routines such as jogging. Kate McCann said she never had problems sleeping after Maddy "was taken."

Misty Croslin couldn't keep her story straight about the night Haleigh went missing. Ronald Cummings boldly told reporters he has never been involved in drugs despite his long list of drug arrests. Ron and Misty married soon after Haleigh went missing, as if this were a time to celebrate. No one can tell me they had to get married at that time: they were already living together, so the sanctity of marriage doesn't seem to be an issue.

Lindsey Scott's behavior remained credible after the crime.

The Suspects:

The Heenes will most likely be charged with more than one crime, possibly including contributing to the delinquency of a minor and making a false police report. I will be curious what actual proof police have that the balloon episode was a hoax. Richard Heene's behavior sure looks squirrelly, and the kid rather outed him (As Art Linkletter said, "Kids say the darndest things."), but Falcon may not have meant what he said exactly as it sounded. That's why police must have more evidence: conflicting stories, something on the computer, maybe even notes detailing a "story" of a little boy going off in a flying saucer balloon.

Neither the McCanns nor the Croslin/Cummings duo have been charged with any crimes, yet no evidence in either case points to abduction by a stranger. Because the parents have no alibis and their behavior is questionable, both in the past and after the crime, they remain suspects to some degree. So until evidence shows up to convict them or someone else, we will have to continue to wonder about their guilt.

Poor Lindsey Scott. He got convicted of the crime and spent four years in Fort Leavenworth until he got an appeal and was freed for lack of evidence. Truly, he got a bad deal. He became a suspect because the victim's info matched him and his car and because he couldn't account for his time. Nothing was questionable about his behavior and no physical evidence linked him to the crime. Since his release, another suspect has come into view: he is a drop dead look-alike to Scott, he was driving a gold Buick with a white top during the time of the crime, and he had a cousin who maintained the usually locked area on the base where the victim was taken.

I don't have a problem with the Heenes, the McCanns, or Misty Croslin and Ronald Cummings being suspects; they should be. However, the investigation of Lindsey Scott should have been downplayed until there was more evidence that made him look a whole lot worse. Of course, none should be convicted without substantial evidence proving that they, and only they, could have committed the crime.

Some say the possible involvement of these people shouldn't even be discussed, because we are in effect convicting them without a trial in the court of public opinion. This is ridiculous; we can't convict someone with an opinion or a speculation. Of course, we must be careful not to slander or libel someone by making claims about the person (creating "facts" that do not exist based on guesswork) or stating they are guilty instead of hypothesizing that they might be guilty. People are responsible for their behavior, and it's not illegal for someone to discuss it in public, (even if it is somewhat gossipy). We all make choices in our lives, and our choices follow us. If they lead the public and the police into suspecting we are involved in a crime, we are responsible.

Good behavior won't always protect us (look at Lindsey Scott's unfortunate incarceration), but it should give us better odds of avoiding becoming a criminal suspect -- and the talk of cable television.

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