Attorney General's News Release

February 9, 2000

Nixon sues Benetton for prison trespassing and fraud in ad campaign that features death-row inmates

Jefferson City, Mo. — Attorney General Jay Nixon today sued Benetton Inc., an Italian apparel company, for fraud and trespassing in connection with the company's use of Missouri death-row inmates in its current advertising campaign.

Nixon filed the suit on behalf of the State of Missouri and Dora Schriro, the director of the Missouri Department of Corrections, for misrepresenting the purpose of the interviews with death-row inmates and for false claims that those gaining prison access for the interview were from Newsweek magazine. A law professor from Gonzaga University, a photographer from Tuscany, Italy, and a free lance writer from Boston are also named in the suit.

Nixon alleges the company and Gonzaga University professor Speedy Rice misrepresented the project as being sponsored by the National Association of Criminal Defense Lawyers, and that the NACDL would have control of both the content and distribution of any report, project or other use made of the material. Those visiting the prison in association with the project then added to the misrepresentation by claiming they represented Newsweek, Nixon said.

"Instead, we find out that the project is a part of a Benetton advertising campaign, and the photographs and interviews are being used in an ad campaign that includes billboards, videos and a 90-page supplement to be distributed nationwide in magazines," Nixon said. "Clearly our prisons are not allowed for commercial endeavors and prison officials would have never allowed entry had they been told the truth about the project."

Last week, Nixon wrote Benetton alerting them to the investigation of the company's dealings with Missouri prison officials and expressing outrage at the ad campaign which he said is "launched on the backs of innocent victims," referring to the family members of those murdered by the four inmates featured in the ad campaign.

Those featured in the ad campaign include:

• Jerome Mallett, who was sentenced to death for killing James Froemsdorf, a Missouri State highway Patrol officer. Froemsdorf left behind a wife and three young children;
• Christopher Simmons, who abducted Shirley Crook from her home, used duct tape to restrain her and dropped her into a river to drown;
• Steven Parkus, who, in addition to murder, raped a prison teacher and has a long history of violence against women;
• Joseph Amrine, who killed his cellmate in prison.

Nixon is suing in Circuit Court of Washington County for one count of fraudulent misrepresentation, one count of trespass by deceit, and one court of trespass by exceeding the scope of consent. He is seeking compensatory and punitive damages.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818