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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