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what North Korea wanted as a condition of
his release. Id. at 67 (C. W.).
Given the repeated cautions against
speaking publicly, Otto’s parents were
‘‘[t]errified,’’ ‘‘afraid to TTT speak out or
discuss’’ Otto ‘‘with anyone,’’ including
their neighbors and friends. Id. at 16, 23
(F. W.); id. at 72 (C. W.). They had a
‘‘sixth sense’’ that ‘‘things were bad for
Otto,’’ but what transpired was worse than
they ‘‘could have imagined.’’ F. W. Decl.
¶ 27. Even Otto’s two younger siblings,
Austin and Greta Warmbier, and Otto’s
friends were fearful about speaking publicly due to the possibility that North Korea
would punish Otto. H’rg Tr. (Rough) at 45
(Greta Warmbier (‘‘G. W.’’) ); id. at 59–60
(C. W.); F. W. Decl. ¶ 7. ‘‘[S]peaking out
against North Korea would antagonize the
country and prolong or worsen Otto’s detention.’’ F. W. Decl. ¶ 16. In this way,
over the duration of Otto’s detention,
North Korea ‘‘controlled’’ the ‘‘dialogue the
whole time.’’ H’rg Tr. (Rough) at 82–83 (C.
W.).
Otto’s parents remained in the dark
about the reason for Otto’s detention in
North Korea until three weeks later, on
January 22, 2016, F. W. Decl. ¶ 7, when
the Korean Central News Agency
(‘‘KCNA’’), North Korea’s state media outlet, Expert Decl. of David Hawk (‘‘Hawk
Expert Decl.’’) ¶ 11, ECF No. 16-9, released an article stating Otto was ‘‘under
investigation,’’ Decl. of Benjamin L. Hatch
(‘‘Hatch Decl.’’), Ex. A (KCNA Article titled, ‘‘American Arrested for His Hostile
Act Against DPRK’’), ECF No. 16-1. The
article reported that Otto had been ‘‘arrested while perpetrating a hostile act
against the DPRK,’’ having entered the
country ‘‘under the guise of tourist [sic] for
the purpose of bringing down the foundation of its single-minded unity at the tacit
connivance of the U.S. government and
under its manipulation.’’ Id.
Then, on February 29, 2016, North Korea televised Otto reciting a prepared
‘‘confession’’ to ‘‘severe crimes against’’ the
DPRK, that amounted to Otto allegedly
taking down a poster with a political slogan supporting North Korea’s dictator,
Kim Jong-Il, from a hotel’s staff-only area,
at the behest of a church in Ohio and the
CIA. Hatch Decl., Ex. B (Tr. of Otto’s
‘‘Confession’’); Hatch Decl., Ex. C (Video
of Otto’s ‘‘Confession’’); see also Expert
Decl. of Robert M. Collins (‘‘Collins Expert
Decl.’’) ¶ 21, ECF No. 16-10. The preposterous ‘‘confession’’ was riddled with ‘‘totally bizarre,’’ ‘‘completely false’’ statements, F. W. Decl. ¶ 8, and malapropisms
tied to North Korean cultural references
that would not be used by an American,
H’rg Tr. at 123–26 (Expert Prof. SungYoon Lee). In short, the ‘‘confession’’ was
plainly coerced and ‘‘completely manipulated.’’ Id. at 18 (F. W.).
Examples of the many untruths in the
purported ‘‘confession’’ include: (1) Otto
called his father’s company ‘‘Finishing Cincinnati Black Oxide,’’ but that company, in
fact, is called ‘‘Finishing Technology,’’ F.
W. Decl. ¶ 8; (2) Otto said he practiced for
his alleged crime by stealing street signs
at the University of Virginia and storing
the stolen signs under his bed, H’rg Tr.
(Rough) at 19 (F. W.); F. W. Decl. ¶ 8, yet
his father never found any such stolen
signs, let alone under Otto’s bed at Otto’s
apartment, H’rg Tr. (Rough) at 19 (F. W.);
F. W. Decl. ¶ 8; (3) Otto said he conspired
with the Friendship United Methodist
Church, which had assets of $ 42 million,
even though Otto had no relationship with
that church, was not Methodist, and the
church has no such extensive assets, H’rg
Tr. (Rough) at 19 (F. W.); F. W. Decl. ¶ 8;
(4) Otto said he agreed to take the poster
because he ‘‘ ‘desperately’ needed a car’’
and $ 200,000 to fund his two siblings’
college tuition, when Otto ‘‘had his own car