40 356 FEDERAL SUPPLEMENT, 3d SERIES ered him a ‘‘Prisoner of War’’ and a ‘‘War Criminal.’’ F. W. Decl. ¶ 14. Over the course of Otto’s detention, Otto’s parents spoke regularly with State Department and other senior officials, and were told ‘‘on several occasions’’ that Otto was being imprisoned because ‘‘North Korea wanted something from the United States,’’ and he ‘‘would not be released until they obtained that.’’ Id. ¶ 15; H’rg Tr. (Rough) at 67 (C. W.). Then-Secretary of State John Kerry told Otto’s family at a meeting that ‘‘Otto is being held hostage by North Korea,’’ F. W. Decl. ¶ 15, and ‘‘they want something for Otto,’’ H’rg Tr. (Rough) at 26 (F. W.). Otto’s parents ‘‘knew he was a hostage, a pawn, a political prisoner,’’ ‘‘left alone’’ and ‘‘abandoned,’’ id. at 28 (F. W.). They lived ‘‘in fear’’ of talking about Otto because of the ‘‘threat’’ of what North Korea would do to Otto as a result. Id. at 23, 25 (F. W.). In June 2017, Joseph Yun, the former U.S. Special Representative for North Korea Policy at the State Department, and the Deputy Secretary of State informed Fred that Otto had been in a coma for over a year since April 2016. Id. at 29 (F. W.); F. W. Decl. ¶ 18; C. W. Decl. ¶ 23. Once again, however, Otto’s parents were advised not to speak about Otto’s condition publicly because if they mentioned Otto in the media, North Korea would not release him and there was ‘‘no guarantee’’ about his safety. H’rg Tr. (Rough) at 29, 31 (F. W.); F. W. Decl. ¶ 18. Otto’s family remained silent after that call, H’rg Tr. (Rough) at 31 (F. W.), and ultimately, North Korea agreed to release Otto, after pardoning Otto for his purported crime, F. W. Decl. ¶ 20. Representative Yun traveled to North Korea to bring Otto back. Id. Cindy ‘‘held out hope’’ that ‘‘Otto could be brought back’’ as the ‘‘young man’’ she once knew. C. W. Decl. ¶ 23. Having been told Otto was in a coma, she pictured him asleep and thought he would be able to recover with medical care. Id. These hopes were ‘‘shattered’’ on June 13, 2017, when Otto landed at the Cincinnati Municipal Lunken Airport. Id. ¶¶ 23–24; F. W. Decl. ¶ 21. Fred, Cindy, and Otto’s younger siblings climbed the steps of the plane and immediately heard ‘‘loud inhuman sounds.’’ H’rg Tr. (Rough) at 33 (F. W.). When Otto’s family saw him, Otto’s condition was ‘‘horrible and unrecognizable.’’ C. W. Decl. ¶ 24. Otto was ‘‘jerking violently’’ and ‘‘howling.’’ F. W. Decl. ¶ 22; H’rg Tr. (Rough) at 33 (F. W.). He wore a diaper and had a ‘‘feeding tube’’ and a ‘‘shaved head,’’ ‘‘his arms TTT curled and mangled,’’ ‘‘his eyes TTT bulging out,’’ and it ‘‘almost appeared that he had chewed a hole through his bottom lip.’’ F. W. Decl. ¶ 22; H’rg Tr. (Rough) at 33 (F. W.); id. at 47 (G. W.); id. at 54 (A. W.). His once ‘‘perfectly straight’’ teeth were misaligned, H’rg Tr. (Rough) at 61 (C. W.), and Otto was blind and deaf, with severe brain damage, unable to perceive anything around him, id. at 36 (F. W.). The entire family was ‘‘shocked’’ upon seeing Otto. Id. at 35 (F. W.); id. at 46, 47 (G. W.); id. at 54 (A. W.). Greta ‘‘ran off the plane screaming’’ because Otto looked like a ‘‘monster,’’ and ‘‘not Otto’’; she was scared of him. C. W. Decl. ¶ 24; H’rg Tr. (Rough) at 47 (G. W.). Otto’s mother, too, ‘‘almost passed out’’ upon seeing Otto, and ran off the plane with Greta. C. W. Decl. ¶ 24; F. W. Decl. ¶ 22; H’rg Tr. (Rough) at 47 (G. W.). Fred and Austin remained on the plane with Otto until he was transported to an ambulance, an experience that was ‘‘traumatic’’ and ‘‘tragic.’’ F. W. Decl. ¶ 22; H’rg Tr. (Rough) at 33–34 (F. W.). Otto’s mother, although distraught by the sight of her son in such a state, rode in the ambulance with Otto from the airport to the hospital because she did not want

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