Case 5:20-cv-00219 Document 1 Filed on 12/21/20 in TXSD Page 1 of 43

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION

JAMES KUYKENDALL,
CIVIL ACTION No. _____________
Plaintiff,

vs. COMPLAINT
and DEMAND FOR JURY TRIAL
AMAZON STUDIOS, LLC, HECTOR
BERRELLEZ, JOHN MASSARIA,
GOOD PIXEL PRODUCTIONS,
TILLER RUSSELL, and THE
INTELLECTUAL PROPERTY
CORPORATION,

Defendants.

COMES NOW, Plaintiff JAMES KUYKENDALL, by and through his counsel, as

and for his Complaint against Defendants Amazon Studios, LLC (“Amazon Studios”),

Hector Berrellez (“Berrellez”), John Massaria (“Massaria”), Good Pixel Productions

(“Good Pixel”), Tiller Russell (“Russell”), and the Intellectual Property Corporation

(“IPC”) (collectively, “Defendants”), complains and alleges as follows:

PRELIMINARY STATEMENT

1. In February 1985, Enrique “Kiki” Camarena, a Special Agent with the Drug

Enforcement Administration (“DEA”), was kidnapped, savagely tortured for over 30

hours, and then gruesomely murdered in Guadalajara, Jalisco, Mexico. His captors and

killers were leaders and operatives of the Guadalajara Cartel (“the Cartel”), a violent

drug trafficking organization with vast criminal operations around the world, which

Special Agent Camarena was investigating at the time of his capture.

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2. In the years following Camarena’s tragic death, the incident was

exhaustively investigated by U.S law enforcement agencies, culminating in the

prosecution and conviction, either in the United States or in Mexico, of numerous “drug

lords” and operatives associated with the Cartel.

3. On July 31, 2020, some 35 years after Camarena’s murder, Defendant

Amazon Studios released a four-part television series, entitled The Last Narc (the

“Show”), that purported to tell the “true story” of how Camarena was murdered and by

whom. 1 The series, totaling about three hours in length, was produced by Amazon

Studios and by Defendants Massaria, Russell, Good Pixel, and IPC, and starred

Defendant Berellez. Since its release, the Show has grown in popularity and remains

accessible to the 126 million Amazon Prime subscribers around the world. 2

4. The Show masquerades as a factual documentary, but in reality, it aims to

capitalize on Camarena’s tragic murder by scandalizing it for profit and for

entertainment value. The lurid conspiracy narrative which forms the basic premise for

the Show is that Camarena was killed, not by the Cartel, but by agents of the Central

Intelligence Agency (“CIA”) and other American officials who secretly conspired with

the Cartel to traffic drugs into the United States so that the proceeds could be used to

fund the Contras then fighting the Communist regime in Nicaragua. The Show posits

that Camarena was murdered because he had discovered, and was about to expose, this

supposed deep-state conspiracy.

1 The Last Narc, https://www.amazon.com/The-Last-Narc-Season-1/dp/B08D11X73N

(last accessed December 18, 2020).
2 This number is current as of October 2020, according to Digital Commerce 360, citing
to Consumer Intelligence Research Partners reports. https://www.digitalcommerce360.com/
article/amazon-prime-membership/ (last accessed December 18, 2020).

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5. As part of this far-fetched narrative, the Show falsely and despicably

accuses Plaintiff Kuykendall – a now-retired DEA agent who, at the time of Camarena’s

death, was Camarena’s supervisor at the Guadalajara DEA Field Office – of complicity in

the murder of his close friend and fellow agent.

6. Specifically, the Show falsely claims that Plaintiff received bribes from the

Cartel, that he was present at Cartel meetings where Camarena’s kidnapping was

planned, that he then aided and abetted the execution of that plan, and that he

deliberately sabotaged the trial of one of Camarena’s murderers by lying for the Cartel.

7. These are patent lies. Plaintiff Kuykendall – a decent and hard-working

public servant and private citizen who spent decades putting his own life in harm’s way

to keep the nation safe from violent criminals like the Guadalajara drug lords – had

nothing to do with his friend’s tragic death and disdains the very notion of aiding or

abetting the Cartel. Defendants’ claims to the contrary have utterly no basis in fact.

8. Defendants knew all of this when they deliberately and maliciously

defamed Plaintiff Kuykendall by producing, publishing, and distributing the Show.

9. The Show is little more than a shill for the Mexican drug cartels – an

irresponsible and dishonest fiction that attempts to deflect responsibility for Camarena’s

heinous murder from the drug lords who perpetrated it to dedicated American law

enforcement agents like Plaintiff Kuykendall. In fact, much of the Show’s narrative is

built around extended interviews with three so-called “Cartel insiders” – former

Mexican police officers who defiled their badges by volunteering to serve as bodyguards

for drug kingpins, and who now have the temerity, decades later, to appear in front of a

camera and remorselessly admit their direct complicity in Camarena’s murder, in a

television series designed to make these cowards look like heroes. The Show’s final blow

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against Plaintiff Kuykendall relies on an even bigger coward, another so-called “Cartel

insider” who remains unnamed and unseen as he “emerges” 35 years after Camarena’s

death to cast vicious and insidious aspersions on Plaintiff Kuykendall. The Show

unwaveringly presents the statements of these “insiders” as true, but Defendants had

every reason to know the statements were completely false.

10. The Show also relies heavily on interviews with Defendant Berrellez, a

former “rogue agent” with the DEA whom the agency investigated and disavowed on

account of his having suborned perjury by witnesses at the trial of one of Camarena’s

murderers, and for having illegally orchestrated the abduction and extraterritorial

rendition of a doctor working for the Cartel. Years after the fact, Berrellez was placed in

charge of part of the investigation into Camarena’s murder, but he was not in

Guadalajara at the time of the kidnapping itself and had no direct knowledge of any of

the actual facts surrounding the event. Nor do the official reports of his investigation

reflect any involvement (or even suspicion of involvement) by Plaintiff Kuykendall in his

friend’s death. Nevertheless, the Show disingenuously presents Berrellez and the Cartel

witnesses’ lies about Plaintiff Kuykendall as if they were true statements.

11. Throughout the Show, Defendants actively mislead viewers into believing

that the Show’s portrayal of Plaintiff Kuykendall is accurate. Defendants intersperse

interviews of cartel henchmen and discredited former DEA agents with archival news

footage and scenes of whirring microfilm projectors, along with staged reenactments of

events surrounding the murder, to make it seem like a factual news exposé. And

Defendant Amazon Studios promotes and distributes the Show as a “documentary,”

repeatedly describing it as the “true story” behind Camarena’s death. In reality, the

Show presents a web of fictions and deceptions, falsely depicting Plaintiff Kuykendall as

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a criminal and a traitor, while willfully omitting and obfuscating the truth, solely to

“entertain” viewers and to line Defendants’ pockets.

12. Defendants acted with actual malice when producing, publishing, and

distributing the Show, because they knew that the Show’s portrayal of Plaintiff

Kuykendall, and the conduct attributed to him therein, are false. Defendant Russell, as

well as representatives from Amazon, spoke with Plaintiff Kuykendall about the Show

while it was in development, and Plaintiff Kuykendall made Defendants aware of the

complete falsity of what they intended to publish about him, demanding that they not

publish. Defendants also knew or should have known of myriad facts available in the

public domain—including in judicial proceedings—which directly contradict the Show’s

statements about, and depictions of, Plaintiff Kuykendall. Defendants nevertheless

moved forward with actual malice, knowingly publishing harmful falsehoods about

Plaintiff Kuykendall in the Show and in related publications.

13. As a result of Defendants’ publication of the Show, which continues to

stream on Amazon’s platform, and their representations of the Show as a “true” account

of historical events, Defendants have defamed Plaintiff Kuykendall and willfully

besmirched and damaged his good name, his reputation, and his legacy. Defendants

have exacerbated this reputational harm by providing and participating in online

forums inviting the Show’s viewers to submit negative comments about Kuykendall,

causing a proliferation and perpetuation of the defamatory comments made about him.

14. Defendants’ defamatory depictions and accusations have also inflicted and

continue to inflict upon Plaintiff Kuykendall immense emotional distress—not only by

bringing to the fore painful past events, but also by causing family, friends,

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acquaintances, former colleagues, and reporters to question his integrity and to

highlight the negative impact of the Show on his reputation.

15. Moreover, Defendants included images of Plaintiff Kuykendall and audio

recordings of his voice in the Show without seeking or acquiring his authorization

(which they did not have), thus violating his right to publicity by misappropriating his

identity, and falsely suggesting that he voluntarily participated in the production of the

Show, in order to bolster its narrative and credibility as a purported documentary.

JURISDICTION AND VENUE

16. This court has subject matter jurisdiction over this action pursuant to 28

U.S.C. § 1332(a). This is a diversity action asserting claims under Texas law for

defamation, intentional infliction of emotional distress, and violation of Plaintiff’s right

of publicity (misappropriation of his identity). The parties are completely diverse in

citizenship, and the amount of damages sought in this action exceeds $75,000.

17. This Court has personal jurisdiction over Defendant Amazon Studios, as it

continuously and systematically conducts business, advertises, and provides and

promotes content to Amazon Prime subscribers throughout Texas.

18. In addition, this Court has personal jurisdiction over all Defendants under

Texas law because the defamatory content at issue here, produced, published, and

distributed by Defendants, is directed at Plaintiff Kuykendall, who resides in Texas.

Moreover, Plaintiff Kuykendall suffers the harmful effects of the torts in Texas –

meaning that the torts giving rise to this action occurred in this State. In addition,

Defendants interviewed various sources in Texas in the development of the Show

(including Plaintiff Kuykendall); Defendants all benefit from distribution of the Show

nationwide, including in Texas; and Defendants all knew at the time of the publication

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of the Show that Plaintiff Kuykendall, the subject of the defamatory content here,

resides in Texas.

19. Venue is properly before the District Court pursuant to 28 U.S.C.

§ 1391(b)(2), as a substantial part of the events giving rise to this claim occurred in this

District. The Show is available for viewing in all 50 states, including Texas; Russell and

representatives from Amazon Studios reached out to Kuykendall to discuss development

of the Show while he was at home in Texas; and Plaintiff Kuykendall primarily suffers

the harm from the Show’s false depiction of him where he works and lives—in Texas.

PARTIES

20. Plaintiff JAMES KUYKENDALL, also known by his nickname Jaime, is a

former DEA agent, thirty-year public servant, and current real estate professional. He

resides in Laredo, Texas.

21. Defendant AMAZON STUDIOS, a television and film production and

distribution company, produced, published, and distributed the Show, and holds the

copyright for the Show. Its principal film studios are in Culver City, California, and its

corporate headquarters are at 1620 26th Street, Suite 4000n, Santa Monica, CA 90404.

Amazon Studios is a subsidiary of Amazon, Inc., whose digital streaming service, Prime

Video, is the medium by which Amazon Studios distributes and displays the Show.

22. Defendant BERRELLEZ assisted in the development of, and was featured

in, the Show. Berrellez also published, in November 2020, his related book entitled, The

Last Narc: A Memoir by the DEA’s Most Notorious Agent. He resides in Riverside,

California.

23. Defendant MASSARIA is a television producer and video and sound editor

who resides in Northport, New York. He owns and operates the video production

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company Sit Pixel Sit…Good Pixel Productions, and he was integrally involved in the

production of the Show.

24. Defendant GOOD PIXEL, a subsidiary of Defendant Massaria’s Sit Pixel

Sit…Good Pixel Productions, is a full-service production company based in Northport,

New York and participated in the development and production of the Show.

25. Defendant RUSSELL is a television producer and director who developed,

directed, and produced the Show. On information and belief, he resides in Santa Fe,

New Mexico. Defendant Russell works in cooperation with Defendant IPC.

26. Defendant IPC, is a production studio based in Van Nuys, California and is

a subsidiary of Industrial Media. In addition to co-producing the Show, it produces a

wide range of television, film, documentary, and digital content, often in cooperation

with broadcast and cable networks.

FACTUAL ALLEGATIONS

I. HISTORICAL BACKGROUND

A. Retired Special Agent Jaime Kuykendall

27. Plaintiff James “Jaime” Kuykendall was born and raised in South Texas.

He has spent most of his adult life serving the people of the United States, often placing

his life in danger to protect his country. He began his career with the Border Patrol,

before serving two years in the Army in the 1960s. After an honorable discharge from

the military, Mr. Kuykendall returned to the Border Patrol and then in 1966 became a

United States Customs investigator in Texas. Plaintiff Kuykendall joined the DEA in

1973, shortly after the agency was created. During his 16 years with the DEA, he served

at posts in Quito, Ecuador; Houston, Texas; Guadalajara, Mexico; and finally Laredo.

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28. Plaintiff Kuykendall was assigned to the DEA Guadalajara Field Office in

1982, where he served as Resident Agent in Charge until 1985. He supervised Special

Agent Camarena from 1982 until Camarena was kidnapped and murdered in 1985.

Agents Camarena and Kuykendall were colleagues and close friends. Kuykendall actively

participated in the initial investigations into Camarena’s disappearance and murder,

before leaving Guadalajara in September of that year (1985), when he was transferred to

DEA’s Laredo Field Office.

29. Plaintiff Kuykendall served as Special Agent in Charge of the DEA Field

Office in Laredo from September 1985 until June 1989, when he retired from law

enforcement after more than thirty years of service. During his time in law enforcement,

Plaintiff Kuykendall received multiple awards and decorations for superior performance

and outstanding contributions.

30. In the three decades following his retirement from the DEA, Mr.

Kuykendall has worked as a private investigator, insurance adjuster, security consultant,

and security chief for a mining company. He currently lives a quiet and private life with

his wife in Laredo, Texas, where he works as a residential real estate appraiser. He has

five children and three stepchildren, five of whom also live in Texas, and one of whom—

his namesake—is also a retired DEA agent.

31. In 2005, Plaintiff published a nonfiction book about his DEA experiences,

focusing on Camarena’s murder and kidnapping, entitled, ¿O Plata O Plomo?: ‘Silver or

Lead,’ The Abduction and Murder of DEA Agent Kiki Camarena. He also served as a

program consultant for the Netflix show Narcos: Mexico, which premiered on

November 16, 2018, and in which Plaintiff Kuykendall was portrayed by an actor.

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B. Special Agent Kiki Camarena

32. During the years that Agents Camarena and Kuykendall worked together

in Mexico, the DEA operated a Field Office out of the U.S. Consulate in Guadalajara, in

the Mexican state of Jalisco. Plaintiff Kuykendall was the Resident Agent in Charge at

the Guadalajara Field Office from 1982 to 1985.

33. Special Agent Camarena was assigned to Guadalajara in 1980, where he

investigated the Cartel and other drug traffickers and their operations and networks

until he was kidnapped and murdered in 1985.

34. During the time Special Agent Camarena was assigned to the Guadalajara

Field Office, the office was authorized to maintain a force of six agents and two support

staff. Between 1980 and February 1985, approximately nine different agents and five

different support staff worked in the Guadalajara office.

35. As is now known, on the morning of February 7, 1985, Agent Camarena

made plans to meet his wife for lunch. Shortly after he left the office that afternoon for

this lunch meeting, he was abducted, after which he was interrogated, brutally tortured

for more than 30 hours, and then wantonly murdered by operatives of the Cartel. His

body, along with that of Mexican pilot (and Camarena associate) Captain Alfredo Zavala,

was discovered in the Mexican state of Michoacán on March 5, 1985.

C. The DEA’s Investigation of Camarena’s Murder

36. The DEA, the FBI, and the Mexican Federal Judicial Police (“MFJP”)

conducted initial investigations into the kidnapping and murder of Agent Camarena and

Captain Zavala. On May 3, 1985, an investigative team was established within the DEA

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to coordinate the ongoing investigation into the abduction of Agent Camarena and

Captain Zavala. 3 This investigation was named Operation Leyenda (“Legend”).

37. Operation Leyenda, together with the efforts of the FBI and the MFJP,

eventually resulted in the arrest in Mexico of several narcotics traffickers and their

associates, which included Cartel top drug lords Rafael Caro-Quintero and Ernesto

Fonseca-Carrillo. Mexican officials refused to extradite Caro-Quintero and Fonseca-

Carrillo to the United States; instead, following their convictions in Mexican courts, they

were imprisoned in Mexico. 4 However, while Mexican authorities, as well as the DEA

and FBI, continued to investigate Camarena’s kidnapping and murder for years,

endemic corruption in the Mexican political and law enforcement systems, along with

evidentiary and witness credibility issues, frustrated efforts to discern the whole truth.

D. Hector Berrellez

38. Defendant Berrellez joined the DEA as a special agent in 1974 and served

in the agency until he left in 1996. As an agent, he was assigned to work in Arizona;

Mazatlán, Mexico; Los Angeles; and Washington, D.C.

39. At the time of Agent Camarena’s murder, Berrellez was working in Los

Angeles, where he had been stationed for two years. He was not in Guadalajara during

the events surrounding Camarena’s death and had no firsthand knowledge of any of

those events.

40. In January 1989, Defendant Berrellez, then still stationed at the DEA Field

Office in Los Angeles, was assigned to part of Operation Leyenda. By that time, he had

3 DEA.gov, https://www.dea.gov/sites/default/files/2018-07/1985-1990%20p%2058-
67.pdf (last accessed Dec. 16, 2020).
4 DEA.gov, https://www.dea.gov/sites/default/files/2018-07/1985-1990%20p%2058-

67.pdf (last accessed Dec. 16, 2020).

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spent little if any time in Guadalajara. Even after he was assigned to Operation Leyenda,

he worked from Los Angeles, not from Guadalajara. 5

41. Despite the fact that Berrellez was not assigned to or present in

Guadalajara prior to 1985 and was not assigned to the investigation into Camarena’s

murder until 1989, he is the primary narrator throughout each episode of the Show.

42. Berrellez’s main role in Operation Leyenda was to recruit witnesses to

testify against Mexican drug lords. Many of them were paid informants, whose security

Berrellez arranged despite the fact that they were violent Cartel operatives with direct

complicity in Agent Camarena’s murder, among dozens of other criminal acts.

43. The credibility of most of the informants and witnesses that Berrellez

recruited and paid was contemporaneously called into question, and has continuously

been questioned since the early 1990s.

44. For example, witness Hector Cervantes-Santos, a former Mexican state

police officer who was also a Cartel security guard, testified at the 1990 federal trial of

Ruben Zuno-Arce. In 1997, “Cervantes came forward and said his testimony at the 1990

trial was a lie. He said a prosecutor Manuel Medrano 6 and DEA agent Hector Berrellez

gave him a script and told him to implicate Zuno-Arce. Cervantes said that, in return for

this coached testimony, he was promised hundreds of thousands of dollars and that he

and his family would be moved to the United States and protected here. Cervantes was

questioned about these allegations, and he passed a polygraph test arranged by defense

attorneys. A former chief of the DEA, Terrence Burke, told The Times that he

5 Jason McGahan, “From the DEA office in Los Angeles, he would track down the
insiders willing to trade privileged information for cash.” L.A. Weekly, Jul. 3-9, 2015, at 12.
https://www.laweekly.com/wp-content/uploads/2019/09/070215-496334.pdf (last accessed
Nov. 18, 2020).
6 Former Assistant U.S. Attorney Medrano is also featured extensively in the Show.

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interviewed Cervantes at length and concluded that his allegations of having lied should

be treated seriously and appeared credible.” 7

45. By 1995, the DEA’s Office of Professional Responsibility (“OPR”) had

conducted an official inquiry into whether Defendant Berrellez had coached witnesses

and suborned perjury. 8 By the time of his departure from the DEA in 1996, OPR had

also investigated Berrellez for more than two years regarding his orchestration in 1990

of the unlawful abduction and extrajudicial rendition of Mexican doctor Humberto

Álvarez-Machaín, an act to which he freely admits (and boastfully but inaccurately

details) in the Show. At the time of the rendition, and continuously since, DEA officials

disavowed Berrellez’s action, referring to him as a “rogue agent.”

E. The Cartel Trials

1. The 1988 Verdugo Trial

46. The first trial held in the United States of defendants accused of complicity

in Camarena’s murder began in 1988 in Los Angeles. (This was before Berrellez was

participating in Operation Leyenda.) Nine defendants had been indicted in the case,

including René Verdugo-Urquidez and Raul Lopez-Alvarez, who were charged with

7 Fredric Tulsky, “Camarena Case Perjury Allegation Derided.” Jan. 17, 1998, Los Angeles
Times, https://www.latimes.com/archives/la-xpm-1998-jan-17-mn-9150-story.html (last
accessed Nov. 20, 2020). See also United States v. Zuno-Arce, 25 F. Supp. 2d 1087, 1093 (C.D.
Cal. 1998) (“On July 1, 1997, five years after Zuno-Arce was convicted at the second trial, and
seven years after Cervantes-Santos testified at the first trial, Cervantes-Santos signed a
declaration in Los Angeles wherein he recanted his Zuno I testimony and stated that his perjury
was guided and directed by the case agent, former DEA Special Agent Hector Berrellez, and one
of the prosecutors, former Assistant United States Attorney Manuel Medrano.”).
8 Fredric Tulsky, “Evidence Casts Doubt on Camarena Trials.” Los Angeles Times, Oct.
26, 1997, https://www.latimes.com/archives/la-xpm-1997-oct-26-mn-46907-story.html (last
accessed Nov. 19, 2020).

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Agent Camarena’s murder, and Jesus Feliz-Gutierrez, who was charged as an

accessory. 9

47. At this trial, the prosecution presented gruesome recordings that the

Cartel kidnappers had made of Agent Camarena’s torture. Those recordings include

Camarena’s voice and voices of his captors.

48. Mr. Kuykendall testified extensively at this trial, and his testimony was

crucial to obtaining convictions. Verdugo-Urquidez, Lopez-Alvarez, and Feliz-Gutierrez

were all convicted of the charges and sentenced to lengthy prison terms.

2. The 1990 Zuno I Trial

49. The second U.S. trial for the murder of Agent Camarena took place in Los

Angeles in the summer of 1990. Two of the defendants were accused of plotting

Camarena’s kidnapping and murder—Juan Ramon Matta-Ballesteros, a Honduran drug

lord, and Ruben Zuno-Arce, the man who previously owned the home in which

Camarena was held and tortured. Zuno-Arce was an influential Mexican businessman

with purported links to the Cartel and to the Mexican government (he was the brother-

in-law of a former Mexican president).

50. The other defendants in this trial were Juan Jose Bernabe-Ramirez, a

former Jalisco state policeman accused of being a bodyguard at the Guadalajara house

where Camarena was tortured; and Javier Vasquez-Velasco, also a Mexican citizen,

accused of murdering an American writer and Cuban-American medical student whom

he had mistaken for DEA agents and killed just days before Camarena was kidnapped.

9 New York Times, July 31, 1988, https://www.nytimes.com/1988/07/31/us/trial-

opens-in-death-of-tortured-drug-agent.html (last accessed Dec. 16, 2020).

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51. Over 50 witnesses testified at this trial, including DEA and FBI agents and,

among others, over a dozen DEA informants whom Defendant Berrellez had recruited

and paid, most of whom had engaged in criminal activity on behalf of the Cartel and

were granted immunity in exchange for their testimony. 10 This includes the

aforementioned Cervantes-Santos, who later recanted his testimony and declared that

Berrellez had coached him to lie.

52. Plaintiff Kuykendall, who had retired from the DEA in 1989, testified at

this trial as a civilian witness for the prosecution, providing testimony on May 15 and 16,

and June 8 and 27, 1990.

53. Matta-Ballesteros and Bernabe-Ramirez were convicted of kidnapping

Camarena, and of conspiracy, but were acquitted of the murder charges.

54. Zuno-Arce was also convicted, but the district court threw out the verdict

and granted him a new trial due to prosecutorial misconduct.

3. The 1992 Zuno II Trial

55. The Government retried Zuno-Arce in December 1992. At this trial, the

Government also prosecuted Humberto Álvarez-Machaín, the Mexican doctor whose

unlawful abduction and rendition Defendant Berrellez had orchestrated in 1990.

56. The court dismissed the charges against Álvarez-Machaín at the

conclusion of the Government’s case, finding that no evidence had been presented to

support the charges against him. Zuno-Arce was convicted of violent acts in aid of

racketeering, conspiracy, and the abduction of Agent Camarena.

57. Plaintiff Kuykendall did not testify at this trial.

10 Weinstein, Henry. The Los Angeles Times, June 19, 1990.

https://www.latimes.com/archives/la-xpm-1990-06-19-me-63-story.html (last accessed Dec.
16, 2020).

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II. DEVELOPMENT AND PUBLICATION OF THE SHOW

A. Communications Between Producers and Kuykendall.

58. On December 17, 2019, Defendant Russell sent Plaintiff Kuykendall a

letter which outlined “allegations of criminal conduct that [were] made against him by

three former Jalisco state police officers.” See Exhibit 1, attached. Russell knew that

these three dirty cops had served as bodyguards for Guadalajara Cartel kingpins, that

they were directly involved in Agent Camarena’s kidnapping and murder, and that, at

Defendant Berrellez’s instigation, they had been relocated to the United States and

compensated for their testimony at one or more trials of Cartel operatives. Russell’s

letter also lists an unnamed fourth witness, “a former Guadalajara Cartel member who

we interviewed,” along with further allegations against Plaintiff Kuykendall.

59. Russell’s December 17 Letter details the false allegations against Plaintiff

Kuykendall which Defendants planned to publish in the Show, including:

A. “they witnessed you personally receiving large sums of money

from [Ernesto Fonseca] Carrillo and/or known criminal

associates of Carrillo [sic] in Guadalajara on at least two

occasions in 1984 and 1985”;

B. “you were present in early 1985 at a meeting held at the American

Motors hotel where the abduction of Kiki Camarena was

planned”;

C. the unnamed fourth witness “personally accompanied Jalisco

state police commander Gabriel Gonzalez Gonzales on three

occasions in the 1980s when Mr. Gonzalez delivered money to

you at the U.S. Consulate in Guadalajara”;

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D. the unnamed fourth witness “attended a meeting at which the

abduction of Kiki Camarena was planned, and at that meeting, he

witnessed and overheard you agreeing to provide Guadalajara

Cartel operatives with the information about Mr. Camarena,

including what Mr. Camarena was wearing on the day he was

abducted, and what time he was expected to leave the consulate

building”; and

E. that Kuykendall “testified on behalf of Ruben Zuno-Arce in 1992,

when Mr. Arce [sic] was being prosecuted for his role in Mr.

Camarena’s murder, a charge on which […] he was ultimately

convicted.”

60. Each and every one of these allegations about Plaintiff Kuykendall was

patently and completely false, and Russell knew or should have known this at the time

he sent the letter. Russell nevertheless demanded a reply from Plaintiff Kuykendall to

these false allegations by January 7, 2020, allegedly “to be able to effectively incorporate

[his] participation into the series.” See Exhibit 1, at 2.

61. Plaintiff Kuykendall timely responded to Russell with a letter dated

December 24, 2019, denying and refuting each of the allegations and assertions Russell

had made about him in the December 17 letter and demanding that Russell cease and

desist from publishing these lies. See Exhibit 2, attached.

62. On April 22, 2020, counsel for Plaintiff Kuykendall wrote to Defendant

Amazon Studios, to Amazon, Inc.’s legal department, and to Defendant Russell to

further address the still-pending publication of the Show. See Exhibit 3. Plaintiff

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Kuykendall again flatly denied the false allegations set forth in Russell’s December 17

letter, and again demanded that Defendants avoid defaming his character.

63. On that same date, counsel for Kuykendall also sent a letter to Cameron

Stracher, counsel for Buckingham Television, an original producer for the Show,

restating the same denials and demanding the Show’s producers to confine the so-called

“documentary” to facts, and to not defame his good name. See Exhibit 4, attached. The

next day, April 23, 2020, Stracher wrote to Plaintiff Kuykendall, claiming to be soliciting

more facts. See Exhibit 5.

64. On May 4, 2020, counsel for Plaintiff Kuykendall responded to Stracher

with additional details about where Defendants could find resources to more thoroughly

vet (and disprove) the assertions about Plaintiff Kuykendall that Amazon Studios and

Russell planned to release in the Show. See Exhibit 6, attached.

65. Despite his having provided Defendants with a detailed roadmap to the

truth, Plaintiff Kuykendall received no further contact from Defendants or their counsel,

who ignored his pleas to be left out of their program and to be left alone. Defendants

were clearly not interested in the truth; instead, they prioritized profit from publishing a

sensational and unfounded conspiracy narrative over the reputation of a decent and

honorable man.

66. Defendants’ lies and defamatory statements concerning Plaintiff

Kuykendall were released to the world on July 31, 2020, when Amazon Studios released

The Last Narc; it remains available for viewing to this day on the Amazon Prime Video

streaming platform, which has an estimated 125 million subscribers worldwide.

67. Defendant Russell has claimed, in various articles promoting the Show,

that he conducted 14 years’ worth of research into Agent Camarena’s murder, after

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which he shot and edited the Show for two years. Yet he only reached out to Plaintiff

Kuykendall for comment at the end of 2019, and even then, he still did not follow the

path to truth that Kuykendall laid out for him before the Show’s release.

68. Despite Kuykendall’s explicit and continued avowal that Defendants’

narrative was false and defamatory, and despite Plaintiff Kuykendall and his counsel’s

demanding that Defendants publish only the truth, Defendants chose to ignore,

obfuscate, and misstate the facts, falsely claiming “to discover the truth.” In the process,

Defendants smashed and besmirched Plaintiff Kuykendall’s life-long reputation and

legacy as a loyal and dedicated public servant, solely for ratings and profits. Defendants

continue to perpetuate and proliferate these lies about Kuykendall in the media.

III. DEFAMATORY CONTENT IN THE LAST NARC

A. Specific False Statements and Representations in the Show

69. The Show presents two specific sets of defamatory statements and

representations about Plaintiff Kuykendall: (1) that he gave false testimony at the first

(1990) trial of Zuno-Arce that was designed to sabotage the trial and that was testimony

he offered “on behalf of” the Cartel, and (2) that he took bribes from the Cartel, and was

directly involved in planning and executing Camarena’s kidnapping, including through

his attendance at planning meetings and his alleged willingness to inform the Cartel as

to Agent Camarena’s movements and attire. Both sets of statements are false,

outrageous, and plainly defamatory.

1. Kuykendall 1990 Zuno I Trial Testimony

70. Plaintiff Kuykendall, who retired from the DEA in 1989, testified as a

civilian over several days in the 1990 Zuno I Trial, which opened on May 15, 1990.

Called as a witness by and for the prosecution, Plaintiff Kuykendall testified on May 15

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and 16, and again on June 8 and 27. The full transcripts of Plaintiff Kuykendall’s

testimony in the 1990 Zuno I Trial are publicly available, 11 and relevant excerpts are

attached as Exhibit 7. His testimony was in all respects completely truthful.

71. Throughout his testimony, Plaintiff Kuykendall was asked a great many

questions about Zuno-Arce, including as to Zuno-Arce’s prior ownership of the property

in which Agent Camarena was interrogated and tortured. He was also asked about a

DEA-6 report of investigation dated January 13, 1984, signed by Agents Kuykendall and

Camarena, which lists information they had gathered about marijuana growers,

traffickers, and cartel financiers, among other things, but which notably did not

include Zuno-Arce’s name.

72. As elaborated below, the Show devotes several minutes discussing Plaintiff

Kuykendall’s testimony in the 1990 Zuno I Trial, displaying and reading excerpts from

the testimony, completely out of context, with the intended effect of misleading viewers

and defaming Plaintiff Kuykendall.

73. Specifically, the Show highlights a series of questions Kuykendall was

asked on cross-examination about a meeting he had conducted with Zuno-Arce in 1986

in Texas, at which Zuno-Arce appeared voluntarily and at which Plaintiff Kuykendall

was acting in his official capacity as the DEA Special Agent in Charge in Laredo. The

defense attorney was asking Plaintiff Kuykendall why Zuno-Arce was allowed to leave

that meeting and return to Mexico, and also about what evidence the DEA had, in 1986,

about whether Zuno-Arce had been involved in Camarena’s kidnapping.

74. As the trial transcript makes clear, around 1985, Plaintiff Kuykendall had

come to suspect that Zuno-Arce was involved in drug trafficking, but the evidence of his

11 https://reneverdugo.org/Zuno.html (last accessed Dec. 16, 2020).

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suspicion was excluded as inadmissible, as was the hearsay basis for that suspicion. As

such, the parties were limited to asking Plaintiff Kuykendall about his actual personal

knowledge at the time of the 1986 interview. See Ex. 7, Tr. Jun. 8, 1990, at 15-80 – 15-

88. The Show deliberately omits this critical context.

75. Given these evidentiary rulings, when Plaintiff Kuykendall was asked at

the trial what he actually knew (as opposed to suspected) about Zuno-Arce’s

relationship to the Cartel at the time of that meeting, he truthfully testified that he

(speaking for himself only, and not for the DEA) “didn’t know anything” about that

subject; to his knowledge, the DEA had no actual evidence at that time to confirm Zuno-

Arce’s involvement in drug trafficking. See Ex. 7, Tr. Jun. 8, 1990, at 15-66, lines 1-10.

76. This was entirely true. By the time of the 1986 meeting, Plaintiff

Kuykendall had been transferred out of Guadalajara to Laredo, and he was not assigned

to work on Operation Leyenda; he therefore had no basis to know what, if any, evidence

the DEA had acquired about Zuno-Arce following his transfer. And by the time of his

testimony at the 1990 Trial, he was a civilian, no longer privy to government

information, and he was not briefed on the government’s case against Zuno-Arce. So,

when the defense attorney asked Plaintiff Kuykendall in 1990 whether he—not the

DEA—had any evidence in 1986 as to Zuno-Arce’s involvement with the Cartel, Plaintiff

Kuykendall answered truthfully that he did not have such evidence. Id. at lines 11-14.

77. Defendants had access to all of this information about the 1990 Zuno I

Trial, but they chose to ignore it. Instead, they deliberately presented a narrative utterly

lacking in relevant context or factual support, and bookended by false commentary,

calculated to falsely paint Plaintiff Kuykendall as having perjured himself to protect

Zuno-Arce and the Cartel.

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78. The Show’s onscreen text preceding the discussion of Plaintiff

Kuykendall’s trial testimony reads: “In court, Zuno-Arce’s lawyer cross-examined a

crucial witness. The witness was Kiki’s boss – Jaime Kuykendall.” [Ep. 4, 26:19]

Following this text is a video clip of Plaintiff Kuykendall carrying a briefcase, walking

outside the U.S. Consulate. The Show then excerpts snippets of Plaintiff Kuykendall’s

trial testimony, in a manner deliberately designed to mislead viewers:

Kuykendall: “I would have to say that I didn’t know anything, sir.”

Examiner: “There was no evidence that you knew of that he was a member
of what has been called the Guadalajara Drug Cartel? That’s true, too, sir,
isn’t it?”
Kuykendall: “Not to my knowledge, no.”
Examiner: “You were supervisor to the Guadalajara Office?”
Kuykendall: “Yes”
Examiner: “What years?”
Kuykendall: “From February of ’82 until October of ’85.”
Examiner: “And your basic job there was to find out who was dealing in
drugs?”
Kuykendall: “Yes.”

[Ep. 4, 26:20-27:12]

79. To make 100% sure that viewers are not confused by this snippet of

testimony, but instead understand it consistently with the false narrative that

Defendants spin, the Show follows this excerpt with a series of commentaries designed

to falsely paint Kuykendall as a liar who perjured himself to protect Zuno-Arce and the

Cartel and to sabotage Zuno-Arce’s trial.

80. Thus, Phil Jordan, a disgruntled former DEA agent featured in the Show,

declaimed, “You have a DEA agent, who was the supervisor of Kiki Camarena, testify in

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federal court that Zuno-Arce was really not in the dope business. I cannot believe that

right there and then—That son of a bitch should’ve been out. He should not have been a

DEA agent.” [Ep. 4, 27:12-27:36] Mike Holm, another former DEA agent, stated in an

interview for the Show, “He testified under oath in trial, and the assistant U.S. attorney

was just apoplectic.” [Ep. 4, 27:51-27:59]

81. Similarly, Defendant Berrellez announced, “This is Kiki Camarena’s

supervisor, and he testifies to the fact that Ruben Zuno is not a drug dealer. We are

shocked.” [Ep. 4, 27:38-27:51] Berrellez further stated, concerning Plaintiff Kuykendall’s

testimony, “After he testifies, we take a little break. While we’re in the elevator, Manny

Medrano the AUSA, gets his briefcase and he slams it on the elevator floor and he says,

‘Hector, take your gun out and shoot me right now. We’re gonna lose this case. He’s

supposed to be on our side. He’s Kiki’s supervisor. He’s gonna taint the whole jury.’”

[Ep. 4 28:00-28:20]

82. Each of these commentaries is designed to, and does, falsely portray

Plaintiff Kuykendall as a saboteur and liar who, as Defendant Russell claimed in his

letter, effectively testified “on behalf of” the Cartel.

83. Defendants make no effort in the Show to explain that (1) Zuno-Arce was

convicted at his 1990 trial; (2) the verdict was thrown out due to prosecutorial

misconduct by AUSA Medrano; (3) Cervantes-Santos, a key government witness at the

1990 Zuno I Trial, later fully recanted his trial testimony, explaining that Medrano and

Berrellez had given him a script and told him to implicate Zuno-Arce, promising him in

return hundreds of thousands of dollars and sanctuary for his family; (4) Berrellez was

investigated by OPR for his conduct with regard to coaching trial testimony at the 1990

Zuno I Trial; (5) at his subsequent retrial, at which Plaintiff Kuykendall did not testify,

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Zuno-Arce was again convicted; and (6) Plaintiff Kuykendall’s prior extensive testimony

at the 1988 Verdugo Trial was instrumental in securing the convictions of multiple high-

level Cartel operatives involved in Camarena’s murder. Defendants knew all of this

information and could have presented it to provide a truthful account of the 1990 Zuno I

Trial. Instead, they manipulated the truth in order to defame Plaintiff Kuykendall.

2. An Unidentified Source Accuses An “Unnamed DEA Official”

84. The concluding minutes of the final episode of the Show feature interview

audio from an unidentified and unshown source, described as a “former Mexican official

and Guadalajara Cartel member [who] recently approached Hector with new

information about Kiki’s murder,” and whose “identity is being concealed” (the

“Unidentified Source”). [Episode 4, 40:39-41:00.] Immediately prior to the audio of the

Unidentified Source interview, onscreen text reads: “In the following call, the source

alleged that a DEA official was complicit in Kiki’s murder. The filmmakers have

withheld the DEA official’s name.” [Ep. 4, 40:39-41:00]

85. As Defendant Russell elucidated in his December 17 letter, the allegations

of the Unidentified Source refer to Plaintiff Kuykendall, and despite redacting the name

in the Show the reference to Plaintiff is obvious and unmistakable.

86. In the interview audio, the Unidentified Source falsely and outrageously

accuses Plaintiff Kuykendall, along with others in the DEA’s Guadalajara Field Office, of

having corruptly taken bribes from the Cartel, and of having been directly involved in

planning and executing Camarena’s kidnapping, including through his attendance at

planning meetings and his alleged willingness to inform the Cartel as to Agent

Camarena’s movements and attire. The Unidentified Source also makes statements

designed to convince viewers that Plaintiff Kuykendall’s alleged involvement in the

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Camarena murder was part and parcel of the broader conspiracy narrative that forms

the basic premise of the Show, which is that Camarena was killed by the CIA in

connection with a scheme to use proceeds of Cartel drug trafficking to finance the

Contras in Nicaragua.

87. The displayed text of the interview with the Unidentified Source reads:

Interviewer: “I would like to know, how and when did you meet
[REDACTED]? 12
Source: “I met him at the offices, the offices at the consulate. I personally
accompanied the commander, Gabriel Gonzalez Gonzalez delivering
money to him three different times. Those people were very, very generous
to anyone who could serve them. When those people gave out money, they
paid really well. I went to the consulate three times, to deliver briefcases
for [REDACTED]. Directly to his hands.”
Interviewer: “Are you 100% sure that it was [REDACTED]?”
Source: “Without a doubt, because there weren’t many agents in that
office. Kiki and [REDACTED] and a few others.”
Interviewer: “And what about meetings planning the kidnapping?”
Source: “Well, I didn’t attend all the meetings, just three of them. And in
the last two meetings, I saw [REDACTED].”
Interviewer: “And what did [REDACTED] say?”
Source: “[REDACTED] made a plan with Verdugo, to signal how the man
would be dressed, and what time he would leave.”
Interviewer: “Who?”
Source: “Kiki…from the consulate.”
Source: “Look. On another occasion, I was ordered to bring four million
dollars to [REDACTED]. So he could share the money among his people. I
don’t know for sure, but I think that Kiki didn’t want to take any money.
So, they were afraid that he would report the bribes from the Narcos. And

12 “[REDACTED],” for purposes of this complaint, indicates whited-out text shown on

screen, the audio of which was also beeped out.

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they were scared he would talk about the ranch in Veracruz. Where they
were trafficking the weapons and where they were training the Contras.”
Interviewer: “And why are you telling this story?”
Source: “I don’t want vengeance…All I want is justice.”

[Ep. 4, 41:38-44:15]

88. The interview with the Unidentified Source was conducted in Spanish. The

Show included the Spanish audio with English subtitles overlaid. The English subtitles

at certain points do not accurately reflect the questions and answers being played in

Spanish. For example, the interviewer’s first question, as translated on screen, reads: “I

would like to know, how and when did you meet [REDACTED]?” However, a more

accurate translation of the Spanish would be: “I would like to know, when and how did

you meet the [REDACTED] of Kiki?” (“Me gustaría saber, cuando y como conoció al

[REDACTED] de Kiki?”). [Ep. 4, 41:34-41:41] This rendition of the question makes it

clear that the interviewer was referring to someone who had a relationship to Camarena,

and in context there can be no doubt he is asking about Camarena’s supervisor, Plaintiff

Kuykendall—or as Phil Jordan said it, “the supervisor of Kiki.”

89. The Unidentified Source’s false and outrageous accusations with respect to

Plaintiff Kuykendall correspond directly with the false and scurrilous allegations raised

by Russell in his December 17, 2019, letter to Plaintiff Kuykendall.

90. But the Show does not stop with this presentation of false accusations

leveled at Plaintiff Kuykendall by an unnamed “cartel insider” too cowardly to show his

face. Instead, on-screen text following the recording of the Unidentified Source’s voice,

and concluding the Show, falsely claims that the corrupt former law enforcement

officers whose interviews form much of the Show (Ramón Lira, Jorge Godoy, and René

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Lopez, all discussed below) each corroborated the Unidentified Source’s claims

regarding Plaintiff Kuykendall’s alleged presence at the planning meetings. These

captions further falsely claim that Berrellez’s reports of investigation from Operation

Leyenda in the early 1990s memorialize these witnesses’ corroborations. In reality, there

is not an iota of evidence in any official report of the investigation into Camarena’s

murder—which is still open and ongoing—that in any way shows any suspicion of

involvement by Plaintiff Kuykendall, or any other DEA agent for that matter. 13

B. Deceptive and Lying Witnesses

91. The Show primarily features interviews with four men—Defendant

Berrellez and three witnesses he allegedly “developed” after he was brought onto

Operation Leyenda in 1989. The three witnesses, referred to as “cartel insiders,” are

former Mexican police officers who defiled their uniforms and badges when they

cowardly volunteered to serve the Guadalajara Cartel as government-credentialed

bodyguards: Jorge Godoy, Ramón Lira, and René Lopez.

92. The three dirty-cops/cartel-thug narrators in the Show “were closely tied”

to Berrellez, who secured their expatriation to (and subsequent protection in) the

United States, and who arranged to have them paid substantial stipends for their

testimony. Moreover, these men were closely tied to each other, as colleagues and

friends. During the Show, each of these men recounts, in gruesome detail and with little

remorse, his own personal involvement in the cold-blooded and vicious torture and

13The statement that Plaintiff Kuykendall “made a plan with Verdugo, to signal how the
man would be dressed, and what time he would leave” is particularly outrageous. As set forth
above, Kuykendall testified extensively at Verdugo’s 1988 trial and was instrumental in securing
his conviction for complicity in Camarena’s murder. If Plaintiff Kuykendall had conspired with
Verdugo in the manner that the Unidentified Source slanderously states, Verdugo’s counsel
would most assuredly have raised this at his trial, whether in cross-examining Kuykendall or
otherwise. No mention of this was made at Verdugo’s trial, however, and Defendants knew this
when they published the Unidentified Source’s patently false accusation in the Show.

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execution of Agent Camarena. Their agenda in participating in the Show is as clear as it

is despicable: to deflect blame for Camarena’s murder from them and their Cartel

cronies to the American government.

93. Jorge Godoy, a recurring narrator in the Show, is a brutal murderer and

criminal. Godoy had once been an officer with the Jalisco State Police, and at the time of

Camarena’s murder he was also the personal bodyguard for Cartel kingpin Ernesto

Fonseca-Carrillo. (Fonseca-Carillo was linked to, and later admitted to taking part in,

the kidnapping and torture of Camarena, and was ultimately convicted by the Mexican

courts and sentenced to forty years in prison.) Godoy was present in the house where

Camarena was brutally tortured for over 30 hours and later murdered. Having the

unmitigated temerity to appear in the Show wearing his old police uniform and badge,

Godoy repeatedly and remorselessly admits to his complicity not only in Camarena’s

murder, but also in multiple other murders for the Cartel, including the kidnapping,

torture, murder, and dismemberment of innocent American tourists. He also admits to

having repeatedly used his badge to help Fonseca-Carrillo and other Cartel leaders get

away with and cover up their crimes.

94. René Lopez, another recurring narrator in the Show, is a butcher

responsible for the murder of countless innocent people. He, too, was a Mexican police

officer who repeatedly used his badge and his authority to protect Cartel kingpins like

Fonseca-Carrillo rather than the people he had sworn to serve. In the Show, he admits,

without the slightest contrition, that he was one of the men who physically abducted

Agent Camarena – to whom he has the audacity to refer using his nickname, Kiki, as if

the men were friends – and that he was present in the room where Camarena was

tortured and murdered. He was also involved, along with Ramón Lira, in the 1984

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kidnapping and murder of American missionaries in Guadalajara, whom certain Cartel

leaders wrongly believed to be undercover DEA agents.

95. Ramón Lira, another dirty cop and cold-blooded murderer, is also a

recurring narrator in the Show. Not only was he Godoy and Lopez’s boss, but he was

also a bodyguard and facilitator for Cartel leadership including Fonseca-Carrillo. Lira

was present where Agent Camarena was tortured and murdered, and was also directly

involved in the 1984 kidnapping and murder of the American missionaries.

96. Despite their criminal backgrounds, the Show presents the statements of

these three men as the gospel truth, ignoring the fact that their reliability and credibility

has been impugned on numerous occasions. 14 In a 2018 court filing, prosecutors shared

summaries and assessments of recent interviews they had conducted with Godoy, Lira,

and Lopez, in which the three men had given, in the words of one defense attorney,

“never-before disclosed, incredible and contradictory” testimony purporting to relate to

Camarena’s murder. 15

97. Moroever, a 26-minute video uploaded to YouTube on September 18,

2020, by the account for Defendant Good Pixel, entitled “The Last Narc – Not Featured

NEVER BEFORE HEARD TAPES,” shows Berrellez coaching and correcting Godoy,

Lira, and Lopez in their answers to the Show’s interviews, and offering inaccurate

translations and interpretations of their statements to the producers. 16 Additionally, as

14 Brad Heath, “Killed by a cartel. Betrayed by his own? US reexamines murder of federal
agent featured in ‘Narcos’.” USA Today, Feb. 28, 2020, https://www.usatoday.com/in-depth/
news/politics/2020/02/27/enrique-camarena-dea-agent-murder-narcos-mexico/ 2566023001/
(last accessed Dec. 16, 2020).
15 Id.
16 GoodpixelProductions, “The Last Narc - Not Featured NEVER BEFORE HEARD
TAPES.” YouTube, Sept. 18, 2020, https://www.youtube.com/watch?v=htt-jJR-6I8&feature=
youtu.be (last accessed Dec. 16, 2020). The caption for the video reads, “Tapes Never Before

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previously alleged, Berrellez was investigated by the DEA for coaching witnesses to

commit perjury in the Camarena murder trials and also for his orchestration of the

unlawful abduction and rendition of Álvarez-Machaín in 1990.

IV. THE PROLIFERATION AND PERPETUATION OF DEFAMATORY

STATEMENTS AS TO PLAINTIFF KUYKENDALL

98. Since the release of the Show, and as a direct consequence of it, countless

publications have contained reviews, commentaries, and discussions of the assertions

made throughout the series, including the blatant falsehoods concerning Plaintiff

Kuykendall. Despite the Show’s half-hearted effort to “mask” Plaintiff Kuykendall’s

name in the final minutes of the series, viewers have no difficulty understanding, based

on the overall context and content of the Show, that Plaintiff Kuykendall is the

“unnamed DEA agent” accused by the Unidentified Source.

99. Reviews for the Show on the Amazon Prime website reflect viewers’

mistaken belief that the Show portrays the actual truth, and many such reviews

document the understanding – uncontradicted by Defendants – that the “unnamed DEA

agent” is Plaintiff Kuykendall. See Exhibit 8, attached. For example, on August 1, 2020

— the day after the Show’s release — “Zola” posted a review with a caption that reads, “Is

Kuykendall, Camarena’s supervisor, the Cartel mole?” Under this header, Zola’s review

continued, “Many have done regrettable and harsh things in the service of their country.

The brutal and savage murder of Enrique Camarena can not [sic] be accepted and

ignored by the United States. Corruption and greed is just as strong and repugnant on

both sides of the US, Mexican border.”

Released Interview About Enrique ‘Kiki’ Camarena Filmed on location in California with Hector
Berrellez, Ramon Lira, Jorge Godoy By John Massaria for Good Pixel Productions a subsidiary
of “Sit Pixel Sit... Good Pixel Productions.” [sic]

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100. Another reviewer, Chris Collier, replied to Zola, “I think Kuykendall took

the bribe money, tried to disperse it amongst the team and Kiki refused. I think

Kuykendall setup Kiki to have that lunch date with his wife in advance, or had advance

knowledge of it and provided the cartel with the information and saw to it that Kiki

stayed on schedule. I think Kuykendall is the inside traitor and the highest levels of the

DEA and CIA knew this, encouraged it and helped to cover it up.”

101. As another example, viewers discussing the Show on a reddit.com page

consider the Show to be “the truth,” and also perceive and believe that the “unnamed

DEA official” accused of taking cartel bribes is Plaintiff Kuykendall. 17 See Exhibit 9,

attached. As Defendants clearly intended, viewers stitch together the various pieces that

Defendants strategically scatter throughout the episodes to arrive at this false

conclusion. In August 2020, one viewer of the Show posted to the reddit thread, quoted

here verbatim (with multiple typographical and spelling errors),

I personally think that the documentaty pretty much sats between the lines
that the DEA agent is James Kuykendall They obviously cant say it directly
but its not an accident that they mention his testimony in the same
episode as that revelation They also show a video clip of him carrying a
briefcase. This part might be me overanalyzing but i think its a hint by the
producers to the viewers when they then not long after have the new
witness say he brought suitcases of money to the unnamed dea agent. [sic]

102. Multiple reddit posters in just this one thread and just in August 2020

arrived at the same conclusion, with another commenter stating, “Wow! This series was

incredible. I expected a conspiracy theory-type show. But they backed everything up

with archive footage and de-classified government documents.”

“The Last Narc (Amazon Prime) has been released, the Docu-Series about the death of
17

Kiki Camarena Death,” https://www.reddit.com/r/narcos/comments/i111tx/the_last_narc_

amazon_prime_has_been_released_the/ (last accessed Dec. 17, 2020).

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103. Such online statements are not limited to statements made by third-party

viewers not under Defendants’ control. In fact, Defendants Berrellez, Russell, Massaria,

and Good Pixel regularly participate in online discussions and give interviews wherein

they perpetuate the lies in the Show, insist on the veracity of the conspiracies portrayed

in the Show, and continue to deliberately attack Kuykendall and damage his reputation.

104. On January 21, 2019, the YouTube account for Defendant Good Pixel,

presumably through Defendant Massaria, uploaded a video edited by Massaria. 18 The

video has now been viewed 4,172 times. Various viewers have commented in the ensuing

two years, and the Good Pixel account replied (again presumably Defendant Massaria),

directly engaging viewers in the online conversations. See Exhibit 10, attached. In one

instance, Massaria replied at length, with various false and patently defamatory remarks

concerning Mr. Kuykendall:

it is being re-edited and Amazon assures us it will air soon – the CIA
director Jack Lawn and corrupt agent Jaime Kuykendall have denied the
witnesses testimony that James took a bag of cash at Fonsecas home the
night before Kiki was snatched and killed- even though the body guards
who were there all said he did in fact meet at the drug lords home and one
them personally gave him the bag of money when testifying under oath
and under a document if caught lying they (the witnesses) would be
charged with his murder complicity- so by testifying these brave body
guards risk everything- but James K and Jack (John) Lawn both said
Hector Berrellez and the witnesses are lying- so they filed an injunction
with Amazon to stop their names from being mentioned. The new edited
version will omit their names. The story show omits how the Mena air
fields in Arkansas were used under then Governor Clinton (at the time)
helped Oliver North run drugs for the Iran Contra operation and where
rebels were trained on US soil at that base. Hope this helps. There are
many things not talked about – too many details I feel that are pivotal in
portraying the absolute truth for history to judge. In the NTEFLIX show
‘Narcos’ Jaime Kuykendal as a hero is complete lie- he actually was kicked
out of DEA one-two weeks after Kik’s murder because he was obstructing

18 GoodpixelProductions, “NARCOS, Kiki Camarena and the real truth Part 3 of 33 Edit
2.” YouTube, Jan. 21, 2019, https://www.youtube.com/watch?v=40j1nFBBcSQ&lc=
Ugy8stLjt8DVm-t8n3p4AaABAg.9BQek9aK-xi9BSvQV8LB_7 (last accessed Dec. 16, 2020).

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justice and drunk all the time – he was complicit in his murder and should
be brought to justice. I met with Eric Newman and tried to explain this but
they decided to use James instead of Hector to tell the story- thank god we
never worked with NETFLIX Narcos and Eric Newman- he is a real
coward telling the story the way he did- he completely made up the facts to
suit the show instead of the real story which is so much more interesting.
Hector Berrellez is a true hero. His real story will be told one way or
another (maybe by book). Thanks for paying attention. [sic]

Defendant Massaria, through the Good Pixel account, further commented on YouTube,

referring to Defendant Berellez, “he is my closest friends and I love em.” [sic] Massaria

also noted that he has “dozens of hours of interview footage with [Berrellez] and the

actual body guards [sic] for drug lords he protected.” See Exhibit 10.

105. Massaria’s statements concerning Plaintiff Kuykendall in this YouTube

commentary are both outrageous and false. Plaintiff Kuykendall never took money from

any cartel operative or affiliate, never lied under oath, was not kicked out of the DEA (he

actually was promoted and remained in the DEA for four years, not two weeks, after

Agent Camarena’s murder), and was not complicit in his friend’s murder. Period.

106. Commenting on another video 19 uploaded to YouTube by the Good Pixel

account on July 26, 2020, Defendant Massaria wrote,

the truth remains that Kiki’s boss James Kuykendall was the man who set
up the kidnapping the night before at Fonescas [sic] house according to
the two bodyguards who testified under-oath - I have the recordings where
James was there taking a large bag of cash after the meeting.

When a commenter queried about those alleged recordings, clarifying that he was

inquiring about the Show, Defendant Massaria responded,

19 Goodpixel Productions, “Rogue Narc Longest Gun Fight in DEA History Part 2 Full
Story The Last Narc Amazon Prime.” YouTube, Jul. 26, 2020, https://www.youtube.com/
watch?v=S6s-TlLRPoc&feature=emb_logo (last accessed Dec. 16, 2020). Video caption reads, in
part, “Edited + Filmed in NYC By John Massaria for Good Pixel Productions a subsidiary of “Sit
Pixel Sit... Good Pixel Productions.’”

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I worked on the doc and with Hector for over 4 years- I am super close
with Hector. I met with the sicarios when I stayed at Hectors home- They
told me a lot on tape I dropped my jaw many times. Will I share those
tapes of them telling me about James K? I wanted to as soon as Amazon
released the doc - I called Hector and he said wait- new investigations are
taking place as a result of the doc so he said wait.

Not only does Massaria explicitly and deliberately defame Plaintiff Kuykendall in these

online comments, but he also makes clear that he intends to release purported

recordings which likely contain additional lies and harmful assertions concerning

Plaintiff Kuykendall. He also falsely suggests that Plaintiff Kuykendall is under some

sort of investigation as a result of the publication of the Show.

107. Defendant Massaria also made false and defamatory statements

concerning Plaintiff Kuykendall’s testimony at the 1990 Zuno I Trial in comments he

made on another of Good Pixel’s YouTube videos (this video now has 7,664 views). 20 See

Exhibit 10. After watching the Show, a viewer commented (with various errors),

@GoodpixelProductions thanks once again , so many questions answered .

But so many more questions raised , Kiki's friend and boss . Why would he
testify that Zuno-Arce was not a drug dealer, and was he the Us consolite
employee who pointed Kiki out to them the day the kidnapped him ? I
hope there is more to this documentary and what off the tapes. [sic]

Massaria replied, “James Kuykendall also said Zuno wasnt a drug dealer under oath- he

was Kiki’s boss who set up Kiki - they all lie to protect their pockets and are sociopaths

only out for personal gains $.” These statements are false and defamatory and

proliferate and perpetuate the lies and serious harm caused to Mr. Kuykendall.

20 “NARCOS, Kiki Camarena and the real truth Part 2 of 33,” Good Pixel Productions,
Nov. 21, 2018, https://www.youtube.com/watch?v=0sbCiyN5OE0 (last accessed Dec. 16, 2020).
While this video was uploaded in 2018, the quoted comments were posted after the release of
the Show, “4 months ago” as of December 4, 2020.

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V. Unauthorized Use of Plaintiff Kuykendall’s Likeness and

Misappropriation of his Identity

108. In the Show, Defendants include two audio recordings of Plaintiff

Kuykendall’s voice, along with photographs and video clips depicting him, from

different and unknown sources. 21 But Defendants neither sought, nor received, nor had

permission from Plaintiff Kuykendall to use his image, nor did they receive or have

permission to use recordings of his voice, which he believes were created in an interview

which was not taken by anyone affiliated with the development of the Show.

109. The first episode of the series includes a fifteen-second clip of Plaintiff

Kuykendall’s voice, wherein he discusses, in general terms, his experience working out

of the Guadalajara DEA Field Office. [Ep. 1, 21:30-22:45] The Show presents onscreen

text identifying the voice thus: “Kiki’s boss in Guadalajara was station chief Jaime

Kuykendall.” [Ep. 1, 21:24]

110. The third episode of the series also includes an audio recording of Plaintiff

Kuykendall’s voice, 40 seconds long, in which he discusses the days following Agent

Camarena’s kidnapping. [Ep. 3, 19:37-20:17] While this audio recording of his voice

plays, a video clip also runs, showing Plaintiff Kuykendall walking outside the field office

with a briefcase in hand. No source or timeframe data accompanies this video clip, and

Plaintiff Kuykendall is not aware of its origin.

111. Defendants’ use of Plaintiff Kuykendall’s voice and image was deliberately

designed to mislead viewers into believing that he was a willing participant in the Show

or that he assented to the use of his voice. Indeed, Amazon’s description of the Show on

21 The Show also includes two images, both purportedly of the Mexican pilot whose body
was discovered alongside Agent Camarena’s—Captain Zavala. [Ep. 3, 13:56-14:07] At least the
first of these images, which also depicts Kuykendall and Camarena, is not of Zavala but of
another Mexican pilot, another example in the long list of misrepresentations in the Show.

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its website, as well as the “x-ray” feature of its Prime Video platform, list Plaintiff

Kuykendall as part of the Show’s cast. Other prominent industry sources, such as

IMDb.com (Internet Movie Database), list him as a cast member along with the various

depicted video interviewees who presumably agreed to appear on the Show and were

presumably paid for their participation. 22 IMDb is an Amazon-owned company. 23

112. A pre-release article published on July 30, 2020, states that the Show has

“never-seen-before interviews” which “include those with Hector Berrellez, Geneva

Camarena, Jorge Godoy, Phil Jordan, Ramón Lira, René Lopez, Manny Madrano [sic],

Consuelo ‘Chatita’ Berrellez, Jaime Kuykendall, Mike Holm and Jim White.” 24

Articles like this, undoubtedly promoted by Defendants, also cast the false impression

that Plaintiff Kuykendall consented to his depiction in the Show. He did not.

CAUSES OF ACTION

COUNT I – DEFAMATION PER SE

113. Plaintiff incorporates by reference, re-alleges, and adopts the preceding

paragraphs of this Complaint as though fully set forth herein.

114. Plaintiff Kuykendall brings this cause of action against all Defendants for

defamation per se under Texas law and alleges that in publishing false and defamatory

22 https://www.imdb.com/title/tt12163674/ (last accessed Dec. 16, 2020).

23 https://www.businessinsider.com/amazon-owned-imdb-is-close-to-announcing-a-
new-streaming-service-2018-10 (last accessed Nov. 19, 2020).
24 This article was published by MEAWW, which stands for “Media Entertainment Arts
WorldWide,” a self-described entertainment news company. Pooja Salvi, “‘The Last Narc’: Meet
the real-life DEA undercover agent Kiki Camarena who risked everything to discover truth.”
MEAWW, Jul. 30, 2020, https://meaww.com/the-last-narc-real-life-dea-agent-kiki-camarena-
amazon-prime-series-features-exclusive-interview-463371 (last accessed Dec. 16, 2020).

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statements about Plaintiff Kuykendall in the Show and elsewhere, all Defendants acted

with actual malice, and with knowledge or reckless disregard of the truth.

115. False and defamatory material specifically concerning Plaintiff

Kuykendall, published by Defendants, includes:

A. Statements in the Show that Plaintiff Kuykendall gave false testimony

at the first (1990) trial of Zuno-Arce that was designed to sabotage the

trial and that was testimony he offered “on behalf of” the Cartel,

B. Statements in the Show that Plaintiff Kuykendall took bribes from the

Cartel, and was directly involved in planning and executing Camarena’s

kidnapping, including through his attendance at planning meetings

and his alleged willingness to inform the Cartel as to Agent Camarena’s

movements and attire, and

C. Statements by Defendants in online forums and commentaries

accusing Plaintiff Kuykendall of dishonesty and criminal activity,

including as to the matters described in A and B above.

116. These false statements are defamatory per se under Texas law because

they wrongly and without factual basis accuse Plaintiff Kuykendall of crimes, imputing

to him a lack of integrity in his personal and professional life.

117. Defendants’ false representations and accusations of Plaintiff Kuykendall

throughout the Show and elsewhere online degrade his good name, bring him into ill

repute, and destroy confidence in his honesty and integrity, by wrongly asserting as

historical fact but without proof or factual basis that Plaintiff Kuykendall has committed

dishonest and illegal actions.

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118. The Show thus harms Plaintiff Kuykendall’s reputation and good name, so

as to lower him in the estimation of the community and deter third persons from

associating or dealing with him, professionally and otherwise.

119. Defendants’ conduct has caused Plaintiff Kuykendall actual damages,

including mental and physical suffering as well as reputational harm.

COUNT II – DEFAMATION PER QUOD

120. Plaintiff incorporates by reference, re-alleges, and adopts the preceding

paragraphs of this Complaint as thought fully set forth herein.

121. In the alternative to Count I, which alleges defamation per se, Plaintiff

Kuykendall brings a cause of action for defamation against all Defendants pursuant to

Texas Civil Practice and Remedies Code § 15.017.

122. False and defamatory material specifically concerning Plaintiff

Kuykendall, published by Defendants, includes:

A. Statements in the Show that Plaintiff Kuykendall gave false testimony

at the first (1990) trial of Zuno-Arce that was designed to sabotage the

trial and that was testimony he offered “on behalf of” the Cartel,

B. Statements in the Show that Plaintiff Kuykendall took bribes from the

Cartel, and was directly involved in planning and executing

Camarena’s kidnapping, including through his attendance at planning

meetings and his alleged willingness to inform the Cartel as to Agent

Camarena’s movements and attire, and

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C. Statements by Defendants in online forums and commentaries

accusing Plaintiff Kuykendall of dishonesty and criminal activity,

including as to the matters described in A and B above.

123. Defendants’ publications of these false statements are defamatory under

Texas law because they portray or imply a lack of integrity in Plaintiff Kuykendall’s life,

especially in the false depiction of his purported beneficial relationship with drug

traffickers, and in the outright or strongly suggested accusation that Plaintiff Kuykendall

has committed dishonest and criminal actions. The falsehoods portrayed explicitly as

well as implicitly in the Show tend to bring Plaintiff Kuykendall into ill repute, destroy

confidence in his integrity, and harm him in his professional legacy and reputation.

124. Defendants’ production and publication of the Show has thus harmed and

continues to harm Kuykendall’s reputation, calling into question his integrity among his

former colleagues and acquaintances, lowering him in the estimation of the community

and public, and deterring third persons from associating or dealing with him.

125. Defendants have acted, at minimum, negligently with regard to the falsity

of the defamatory material published in the Show.

126. Defendants’ conduct has caused Plaintiff Kuykendall actual damages,

including mental and physical suffering as well as reputational harm.

COUNT III – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

127. Plaintiff incorporates by reference, re-alleges, and adopts the preceding

paragraphs of this Complaint as thought fully set forth herein.

128. Defendants intentionally inflicted emotional distress upon Plaintiff

Kuykendall when they acted with knowledge or with reckless disregard of the fact that

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emotional distress would result from their false and outrageous accusations and

portrayal of him in the Show. Defendants acted with intent and malice in publishing

material they knew would impugn and diminish Plaintiff Kuykendall’s lifelong

dedication to law enforcement and public service by falsely and wantonly depicting him

as a traitor-for-hire.

129. Prior to the release of the Show, Plaintiff Kuykendall directly refuted to

Defendants the false assertions made about him in the Show and demanded that they

not publish them. Defendants thus knew that the release of the show would defame

Plaintiff Kuykendall and inflict upon him extreme emotional distress, but they

proceeded anyway, demonstrating the intentionality of their actions.

130. The intentionally false and defamatory statements concerning Plaintiff

Kuykendall included in the Show are extreme and outrageous in nature, and cross all

bounds of human decency, intolerable in a civilized society.

131. As a direct result of Defendants’ intentional and despicable actions,

including their false portrayal and accusations of him in the Show and in related

publications, Plaintiff Kuykendall has suffered, and continues to suffer, severe

emotional distress. Moreover, the stress caused by the release of the Show as well as by

the related publications has triggered and/or exacerbated his health issues.

COUNT IV – VIOLATION OF PLAINTIFF’S RIGHT OF PUBLICITY

132. Plaintiff incorporates by reference, re-alleges, and adopts the preceding

paragraphs of this Complaint as thought fully set forth herein.

133. Defendants misappropriated Plaintiff Kuykendall’s identity, and violated

his right of publicity under Texas law, when they published audio recordings of his voice

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and images of his person and name, without authorization, all for profit and for the

value it adds to the Show.

134. In the first audio recording of Plaintiff Kuykendall’s voice, which appears

in Episode 1 of the Show [21:30-22:43], Plaintiff Kuykendall is clearly identified by

name and by coupling with a video clip, of unknown origin, which contains his image. In

the second audio recording of Plaintiff Kuykendall’s voice, which appears in Episode 3 of

the Show [at 19:37], Plaintiff is again identified by name.

135. These depictions of Plaintiff Kuykendall’s voice and image, without his

authorization, as well as the crediting of him as a “cast member” of the Show without

authorization or compensation, exploit and misappropriate his identity for profit, and

violate his right to publicity. The immense stress and mental suffering caused by this

violation are exacerbated by the fact that his identity was appropriated and used to

defame his name and character.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Honorable Court summon

Defendants to answer the allegations in this Complaint, and upon a trial by jury of this

matter, enter judgment against Defendants AMAZON STUDIOS, HECTOR

BERRELLEZ, JOHN MASSARIA, GOOD PIXEL PRODUCTIONS, TILLER RUSSELL,

and THE INTELLECTUAL PROPERTY CORPORATION, jointly and severally, for:

A) all compensatory, statutory, economic, and other damages sustained by

Plaintiff as a result of Defendants’ actions;

B) all punitive and exemplary damages as may be allowable under applicable

law;

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C) both pre-judgment and post-judgment interest on any amounts awarded;

D) attorneys’ fees, costs, and expenses, to the extent allowable by law;

E) equitable relief, including:

a. a declaration of wrongdoing and/or a formal statement correcting the

record as to Plaintiff Kuykendall;

b. entry of a preliminary and permanent injunction prohibiting Amazon

Studios from making The Last Narc in its current form available for

streaming or available in any other medium, format, or method of

transmission; alternatively, the entry of a preliminary and permanent

mandatory injunction requiring Amazon Studios to edit the Show so as

to delete, from any version made available for streaming or in any

other medium, format, or method of transmission, all references to

Plaintiff Kuykendall, express or implied, all depictions of Plaintiff

Kuykendall’s image or voice, and all defamatory and false references to

the Show’s discovery of “the truth”;

c. entry of a preliminary and permanent injunction prohibiting the

release of any other versions of the Show or any interviews contained

or referenced therein which contain defamatory statements, implicit or

explicit, concerning Mr. Kuykendall; and

F) any such other relief as the Court may deem just and proper.

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DEMAND FOR JURY TRIAL

Plaintiff demands a jury trial on all issues so triable, and a trial pursuant to Rule

39(c) of the Federal Rules of Civil Procedure, as to all matters not triable as of right by a

jury to the extent permitted by law.

Dated: December 21, 2020 Respectfully submitted,

New York, New York
DiCELLO LEVITT GUTZLER LLC
444 Madison Avenue
Fourth Floor
New York, New York, 10022

By: /s/ F. Franklin Amanat

F. Franklin Amanat, Attorney in Charge*
Greg G. Gutzler*
Bruce D. Bernstein*
Megan E. McKenzie*
(646) 933-1000
famanat@dicellolevitt.com

Counsel for Plaintiff James Kuykendall

*Pending admission to SDTX bar.

Of Counsel:

W. Mark Lanier
Alex J. Brown
THE LANIER LAW FIRM
10940 W. Sam Houston Pkwy. North
Suite 100
Houston, TX 77064
(713) 659-5200
wml@lanierlawfirm.com
alex.brown@lanierlawfirm.com

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