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Matusiewicz Indictment Unsealed Redacted 8-8-13
Matusiewicz Indictment Unsealed Redacted 8-8-13
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INDICTMENT
1.
about October 13, 2001. They divorced on or about November 30, 2006.
3.
Christine Belford had three children, who will be referred to throughout this Indictment as Jane
Doe 1, 2 and 3. Christine Belford also had a child from a previous marriage, who will be
referred to as Jane Doe 4.
4.
and Christine Belford engaged in a custody dispute regarding Jane Doe 1, 2 and 3.
FILED
AUG
6 2013
5.
On or about February 13, 2007, the Family Court of the State of Delaware
awarded DAVID THOMAS MA TUSIEWICZ and Christine Belford joint custody of Jane Doe 1,
2 and3.
6.
MATIJSIEWICZ kidnapped Jane Doe 1, 2 and 3 and fled Delaware and the United States.
7.
On or about September 28, 2007, the Family Court of the State of Delaware
awarded Christine Belford temporary sole custody of the children ("Custody Order"), and
ordered DAVID THOMAS MATUSIEWlCZ to have no contact with Christine Belford and Jane
Doe 1, 2 and 3 until further order from the court.
Court finalized the Custody Order and further stated, "[t]he restrictions on David Matusiewicz's
contact with the parties' children remain in effect."
8.
In or around March 2009, U.S. federal law enforcement agents located DAVID
Jane Doe 1, 2 and 3 were returned to the custody of Christine Belford. The
children, Christine Belford, and Jane Doe 4 thereafter resided in New Castle County, Delaware.
10.
THOMAS MATIJSIEWICZ accused Christine Belford of sexually abusing Jane Doe 1 and
physically abusing and neglecting Jane Doe 1, 2 and 3.
I 1.
in the United States District Court for the District of Delaware to one count of international
parental kidnapping, in violation of Title 18, United States Code, Section 1204(a), and one count
ofbank fraud, in violation of Title 18, United. States Code, Section 1344.
12.
&!Jilty
Endangering the Welfare of a Child in the Superior Court of Delaware in and for New
to
C~e
County, and was ordered to have no contact with Christine Belford and Jane Doe 1, 2 and 3.
13.
sentenced to a term of. imprisonment by the United States District Court for the District of
Delaware. During the sentencing hearing, the District Court indicated that DAVID THOMAS
MATUSIEWICZ's claim that Christine Belford sexually abused Jane Doe 1 was not credible.
14.
Parental Rights against DAVID THOMAS MATUSIEWICZ as to Jane Doe 1, 2 and 3 in the
Family Court of the State of Delaware.
15.
During the hearing on Christine Belford's Petition, which was held on seven
separate days between November 10, 2010 and July 13, 2011, DAVID THOMAS
MATUSIEWICZ again accused Christine Belford of sexually abusing Jane Doe 1.
16.
On or about August 18, 2011, the Family Court of the State of Delaware
On or about April 11, 2012, the Delaware Supreme Court affirmed the
Termination Order terminating the parental rights as to Jane Doe 1, 2 and 3 of DAVID
THOMAS MATUSIEWICZ.
18.
released from the halfway house and began a 5-year term of supervised release administered by
the United States Probation Office for the Southern District of Texas.
COUNT!
(Conspiracy)
18 u.s.c. 371
20.
The allegations contained in Paragraphs 1-19 ofthis Indictment are re-alleged and
From in or around December 2009, through on or about February 15, 2013, in the
Cyberstalking, with the intent to kill and injure and harass, and place
under surveillance with intent to kill and injure and harass and intimidate
and cause substantial emotional distress to a person, to wit, Christine
.Belford and Jane Doe 1, 2, 3 and 4, in another State, to wit, Delaware, and
with the intent to place a person, to wit, Christine Belford and Jane Doe
1,2, 3 and 4, in another State, to wit, Delaware, in reasonable fear of the
death of and serious bodily injury to Christine Belford, a member of the
immediate family of Christine Belford, and the spouse or intimate partner
of Christine Belford, by using the mail, any interactive computer service,
and any facility of interstate or foreign commerce, to engage in a course of
conduct that caused substantial emotional distress to, and placed in
reasonable fear of the death of, and serious bodily injury to, Christine
Belford, a member of the immediate family of Christine Belford, and the
spouse or intimate partner of Christine Belford, in violation of Title 18,
United States Code, Sections 2261A(2)(A) and (B), 226l(b) and 2.
It was the object of the conspiracy for the defendants, DAVID THOMAS
MATUSIEWICZ, LENORE MATUSIEWICZ and AMY GONZALEZ, and now-deceased coconspirator THOMAS MATUSIEWICZ, and other individuals known to the Grand Jury, to use
the mail, interactive computer services and facilities of interstate and foreign commerce, and for
DAVID
TIIOMAS
MATUSIEWICZ,
LENORE
MATUSIEWICZ
and
THOMAS
MA TUSIEWICZ to travel in interstate commerce, with the intent to kill and injure and harass
and place under surveillance with the intent to kill and injure and harass and intimidate Christine
Belford and members of her immediate family, including Jane Doe 1, 2, 3 and 4, and the spouse
or intimate partner of Christine Belford, and in the course of, or as a result of said conduct, to
cause substantial emotional distress to, and place in reasonable fear of the death of, and serious
bodily injury to Christine Belford and members of her immediate family, including Jane Doe I,
2, 3 and 4, and the spouse or intimate partner of Christine Bel~ord.
MATUSIEWICZ, LENORE MATUSIEWICZ and AMY GONZALEZ, and now-deceased coconspirator THOMAS MATUSIEWICZ, and other individuals known to the Grand Jury, sought
to accomplish the conspiracy included waging a multi-pronged campaign designed to surveil and
disseminate false and defamatory information about Christine Belford and Jane Doe 1, 2, 3 and
4. The campaign used, among other things, the following tools:
a.
websites, and email services, which accused Christine Belford of, among other things: sexual
abuse against Jane Doe 1 and physical abuse and parental neglect against Jane Doe 1, 2, and 3;
suffering from mental health issues, and committing other crimes, such as poisoning LENORE
MA TUSIEWICZ, and threatening to sell Jane Doe 1, 2 and 3 for a sum of money;
b.
The United States Mail and other means that accused Christine Belford of,
among other things, sexual abuse against Jane Doe 1 and physical abuse and parental neglect
against Jane Doe 1, 2 and 3; suffering from mental health issues; committing other crimes, such
as poisoning LENORE MATUSIEWICZ, and threatening to sell Jane Doe 1, 2 and 3 for a sum
ofmoney;
c.
In furtherance of the conspiracy, the following overt acts, among others, were
25.
On or about December 22, 2009, twelve days after his criminal sentencing for
kidnapping Jane Doe 1, 2 and 3, DAVID THOMAS MATUSIEWICZ wrote a letter to AMY
GONZALEZ from federal prison directing AMY GONZALEZ to coordinate the following
activities against Christine Belford:
I'm done playing Mr. Nice Guy ... Lastly, if nothing changes during
January (a typical 'low' month for Christine) please begin making
complaints anonymously and repeatedly to DYFS. Ask [ - ] .
[-]. [-.] (the good Christine!) and any one you trust to help.
Also make sure [-'s] website is up and has the true story on it
and is well publicized. Sorry I can't help much from in here....
26.
to post to
the Internet a webpage, "A Grandmother's Impossible Choice and a Father's Willingness to Risk
Everything In Order to Rescue His Three Little Girls" (the "GIC Webpage"). The G:IC Webpage
was included on a website located at "www.jonbenetstruehistory.com," which . operated.
The GIC webpage accused Christine Belford of, among other things, sexual abuse against Jane
Doe 1, and physical abuse and parental neglect against Jane Doe 1, 2 and 3.
B.
27.
to-
that
requested assistance locating Barbara Walters' address to send her information about LENORE
MATIJSIEWICZ's '"Grandma's Choice."
28.
Court Guardian Ad Litem for Jane Doe 1, 2 and 3 a letter that repeated the sexual abuse
allegations against Christine Belford, and referred to a "Grandmother's Impossible Choice."
29.
Court Guardian Ad Litem for Jane Doe 1, 2 and 3 a letter that detailed the abuse allegations
against Christine Belford,.and claimed that Christine Belford suffered from multiple personality
disorder.
30.
repeated, among other things, the sexual abuse allegations against Christine Belford and referred
to a "Grandmother's Impossible Choice."
C.
31.
purported to undergo polygraph examinations, which the MA TUSlEWICZ Family later claimed
corroborated their allegations that Christine Belford had sexually abused Jane Doe 1.
32.
33.
known to Christine Belford) a letter that accused Christine Belford of; among other things,
sexual abuse against Jane Doe 1.
34.
MATUSIEWICZ caused the GIC Webpage, which identified Christine Belford and Jane Doe 1,
2, 3 and 4 by their actual names, to state: "Actual names were used by the request and with the
permission ofDavid Matusiewicz."
35.
two videos entitled "Don't Hurt Me Mommy" and "Another Unresolved Delaware Child Abuse
Case" to "www.youtube.com." The YouTube videos were time-stamped March 11, 2006, and
depicted Christine Belford and Jane Doe 1, 2 and 3 playing outside a residence.
38.
YouTube usemame "22agonzalez" posted numerous false and defamatory electronic messages
against Christine Belford on the message board associated with the YouTube videos previously
described.
One specific electronic message posted for the April 16, 2011 video by
"22agonzalez" directed people to go to the GIC Webpage to learn the "true history of this case"
against Christine Belford.
40.
YouTube username "senorafran" posted an electronic message on the message board associated
with the YouTube videos previously described. The electronic message stated, in part, "You
don't know what goes on behind closed doors-molestation, poisoning, cruelty.
Go to:
and as a result was granted access to Christine Belford's private Facebook profile. . began
receiving private updates from Christine Belford about Belford's personal life and the personal
lives of Jane Doe I, 2, 3 and 4. -
Litem for Jane Doe 1, 2 and 3 a letter that detailed personal information about Christine.
Belford's spouse.
10
43.
THOMAS MA TUSIEWICZ and LENORE MA TUSIEWICZ that listed the school addresses and
the name of the church that Jane Doe 1, 2 and 3 attended. The email stated:
Letters with our allegations of abuse should go to each of these
people so that possibly [Jane Doe 1] will open up to one of them.
And, God forbid, Chris is still sexually molesting them, maybe
[Jane Doe 2 or 3] will open up about mommy's little secret to one
of their teachers.
44.
GONZALEZ, which provided, among other things, Jane Doe 2's school information and
requested
that AMY
GONZALEZ forward
the
information to
DAVID THOMAS
MATUSIEWICZ.
45.
On or about June 23, 2011, an unsigned letter was mailed to Jane Doe 2's school
that claimed Christine Belford was sexually abusing Jane Doe I and physically abusing Jane Doe
2 and 3. The letter also directed school officials to the GIC Webpage.
46.
On or about June 27, 2011, a second letter was mailed to Jane Doe 2's school by
THOMAS MATUSIEWICZ, which claimed that Christine Belford was sexually abusing Jane
Doe 1 and physically abusing Jane Doe 2 and 3.
47.
On or about September 14, 2011, after learning of the July 6, 2011, letter
sent to her church, Christine Belford sent an email to an administrator at her
church, which stated:
... 1 am sorry to bring you, ... , or the parish into this
situation, but I am trying to protect the girls, and my
11
MATIJSIEWICZ's parental rights were terminated by the Family Court of the State of Delaware,
LENORE MATUSIEWICZ mailed a letter to Jane Doe I 's school that contained the polygraph
results for LENORE MATUSIEWICZ and AMY GONZALEZ, during which examinations
LENORE MA TUSIEWICZ and AMY GONZALEZ claimed that Christine Belford abused Jane
Doe 1.
49.
permission, sent an email to AMY GONZALEZ attaching a photograph of Jane Doe 1, and
stated, "please copy & send to dave! :) love u all!!!!! remember shhhhbhhhh!!!. .. LOL."
50.
On or about August 27, 2011, AMY GONZALEZ sent an email to CNN entitled,
The email
contained two attachments that referenced the abuse allegations against Christine Belford.
51.
real estate agent in Delaware, provide him with personal information regarding Christine
Belford.
12
52.
requested that- and- :friends of the MATIJSIEWICZ Family, drive across state lines to
conduct physical surveillance of Christine Belford's New Castle County residence and provide
them with information about that residence and those seen at the home.
53.
. . for providing THOMAS MATUSIEWICZ and her with information about Christine
Belford, her residence, and information observed at the home. The email, which was copied to
AMY GONZALEZ, read, in part: "Hi! If you ever decide to give up selling houses and go into
private investigation, Tom and I will give you absolutely glowing references!"
54. On or about October 22, 2011, -
to report that she, along with drove past Chiistine Belford's home, and recorded a license
plate number for a car that was parked outside of Christine Belford's home.
55.
past the residence of the attorney who represented Christine Belford in her 2009 civil suit against
the MATUSIEWICZ Family. -refused to do so.
57.
Christine Belford, which informed Christine Belford that if anything happens to DAVID
THOMAS MATIJSIEWICZ in prison it will be Christine Belford's "fault." The letter further
accused
13
a.
(on
November
21,
2011)
and
THOMAS
58.
traveled from Texas to Christine Belford's residential development in New Castle County,
Delaware. THOMAS MATUSIEWICZ and 1111, a private investigator previously hired by the
MATUSIEWICZ Family to conduct surveillance on Christine Belford and her children, walked
onto.Christine Belford's property and knocked on the front door. After being told b y . to
leave the property or the police would be called, THOMAS MATUSIEWICZ and -left the
property. . . . who at the time was home alone with Jane Doe 1, 2, 3 and 4, immediately
notified Christine Belford at her place of employment.
a
MATUSIEWICZ and LENORE MATUSIEWICZ that contained the real estate listing for
Christine Belford's home, which was about to come onto the real estate market. The email
contained Cluistine Belford's seller's disclosure and pictures of various rooms inside her home,
including the children's bedrooms.
D.
60.
permission, transmitted an email to AMY GONZALEZ informing her that Christine Belford
recently told- that she was having nightmares about DAVID THOMAS MATUSIEWICZ's
release from federal prison.
61.
emails. In regard to surveilling Christine Belford, AMY GONZALEZ stated, "She [Christine
Belford] wants to appear unpredictable but we are actually learning how to predict her next
moves .... " -
r_esponded, in part, "That's true! Long as I can still talk with the girls [Jane Doe
1, 2 and 3] and try to keep some info on them I don't care what she does! Lol.. .."
62.
Christine Belford requesting information about Jane Doe 1, 2 and 3. The letter stated, in part.
"My multiple attempts to gain information since your November 21, 2011 correspondence must
have been lost in the mail."
a.
15
her letter, Christine Belford stated, "Your past behaviors have scarred the
children enough, no need to inflict additional harm."
63.
. . . which stated:
had certified letter from Chris waitin for me when i got home
today!
'DO NOT CONTACT ME, [Jane Doe 1, 2 and 3] in any form.'
blah, blah, blah
like i'll ever stop tryin to see my children?
65.
which stated, in part, the following about Christine Belford: "hard to believe this worthless
[****]was my wife once and that i fathered her kids .... "
66.
B~ford's
without Christine
stated, in part:
Got a message from chris [Belford] late last night from fb
[Facebook]! She put her page back up for a bit ... she is dating a
new guy now! 29 yrs old! Lol she said he's a cutie pie and hopes
it becomes serious!!! Lol!
67.
email to AMY GONZALES and LENORE MATUSIEWICZ. Attached to the email was a digital
16
photograph of Christine Belford and Jane Doe I, 2, 3 and 4. This picture had been recently
posted to Christine Belford's private Facebook page.
68.
to which stated:
there has been a private investigator watching my children since
they were returned to their abusive mother's care
multiple friends, patients, etc, have seen the girls and kept in touch
with them to see how they're doing ...
i was a well respected eye physician in the community where my
children live
wouldn't you take advantage of all your contacts if you were me?
69.
to which stated:
so far no one's got any problem with what i did to protect my
daughters
just seems the ex has all the public backing and has the DE
courts/lawyers snowed
time to fix that ...
70.
with the usemarne and password to her Facebook account, so that DAVID TI:IOMAS
MATUSIEWICZ could covertly gain access to Christine Belford's private Facebook profile. As
- d i d so, she wrote in emails to DAVID THOMAS MATUSIEWICZ: "do u know how to
maneuver around fb [Facebook]?? ..is amy there?? Maybe she can help u??" and "let me know
when ur done or if u need me .. .if anyone message u just don't answer." DAVID THOMAS
MATUSIEWICZ wrote in an email in response: "this will be between u & me only."
17
71.
In or around September 2012, the same month of his release from the halfway
house and the start of his 5-year supervised release term, DAVID THOMAS MATUSIEWICZ
requested permission from the United States Probation Office to travel to "New Jersey." The
United States Probation Office denied this request, and informed DAVID THOMAS
MATUSIEWICZ that probationers were normally precluded from traveling outside the
supervising district during the first 60 days of their supervised release.
73.
MATUSIEWICZ and LENORE MATUSIEWICZ that discussed driving past Christine Belford's
residence and recording a license plate number:
Facebook account- under the usernarne "David T. Matusiewicz." In the "About Me" section for
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to AMY GONZALEZ regarding obtaining custody of his children and, stating, in part, "don't
worry! I'll give up once i've drawn my last breath! NOT BEFORE!!!"
76.
infonni~,
77.
email to AMY GONZALEZ regarding her child, writing: "prepare yourself to be managing 4 by
this time in 2013 ...."
79.
another Facebook account, this one under the usemame "Jan Smythe," and conducted searches
for Christine Belford on Facebook using this fictitious account.
80.
supervised release term, DAVID THOMAS MATUSIEWICZ made a second request to travel to
"Manahawkin, NJ." This request was also denied.
81.
petition in the Family Court of the State of Delaware to reduce the monthly child support
arrearage payments he owed to Christine Belford.
19
82.
written request to the United States Probation Office asking permission to travel from Texas to
Delaware for a February 11, 2013, Family Court of the State of Delaware hearing on his petition
to reduce child support arrearage payments. DAVID THOMAS MATUSIEWICZ left blank the
section of the form seeking the names of "persons traveling with you." This request was
approved.
84.
to AMY GONZALEZ notifying her that" ... we'll be heading north 2/4-2/14."
85.
States Department of Veterans Affairs booklet entitled "Federal Benefits for Veterans,
Dependents and Survivors" on which was written: "Vets Funeral Arrangements" and "Tom
Matusiewicz Rec'd 1/16/2013" and "my military number [xxxxxx]." This booklet was later
found in the common living area of the Edcouch, Texas residence shared by DAVID THOMAS
MATUSIEWICZ, LENORE MA TUSIEWTCZ and THOMAS MATIJSIEWICZ.
86.
printed out and subsequently found in the common living area of the Edcouch, Texas residence
shared by DAVID THOMAS MATUSIEWICZ, LENORE MATUSIEWICZ and THOMAS
MA TIJSIEWICZ.
20
87.
which was later found in a vehicle used by DAVID TIIOMAS MATUSIEWICZ, LENORE
MA TUSIEWICZ and THOMAS MATUSIEWICZ, was used to conduct Internet searches for
Sray Webster funeral home, located in Bridgeton, New Jersey.
88.
for
MATUSIEWICZ Family spent much of this time period in New Jersey visiting relatives. As
they were leaving on or about February 10, 2013, THOMAS MATUSIEWICZ provided a .45
21
accompanied by THOMAS MATIJSIEWICZ, drove the white Honda CRV he had traveled in
from Texas to the parking garage of a hotel in downtown Wilmington, Delaware near the New
Castle County Courthouse ("Courthouse"). The vehicle contained ammunition, a military style
knife, restraints of progressively smaller. sizes, a bullet proof vest, an electric shock device,
binoculars, and photographs of Christine Belford's children and residence. DAVID THOMAS
MATUSIEWICZ backed the car into a parking space on the ground level near the hotel's garage
entrance.
92.
carrying a .45 caliber semi-automatic Glock 21 handgun on his person, entered the lobby of the
Courthouse at approximately 7:32a.m.
93.
MA TUSIEWICZ entered into the line of persons waiting to pass through the Courthouse security
screening area, while THOMAS MATUSIEWICZ moved about the outer lobby of the
courthouse, occasionally approaching and talking with DAVID THOMAS MATIJSIEWICZ.
94.
accompanied Christine Belford to the Courthouse that morning, entered the outer lobby of the
Courthouse through the revolving door.
MATUSIEWICZ walked directly up to Christine Belford, raised a handgun to her chest, and shot
her multiple times, striking her in the chest and arm, and killing her.
22
95.
THOMAS MATUSIEWICZ next shot and killed . and exchanged gun fire
Capitol Police
Officers returned fire at THOMAS MATUSIEWICZ, striking him in the chest before be took hls
own life with a self-inflicted gunshot to the head.
96.
On or about February 15, 2013, the Family Court of the State of Delaware
received a petition for custody (hereinafter "the Custody Petition") from AMY GONZALEZ for
Jane Doe 1, 2 and 3. The Custody Petition included a check made payable to the Family Court
of the State of Delaware in the amount of$80.00. The check was dated February 12,2013.
All in violation of Title 18, United States Code, Section 3 71.
COUNT2
(Interstate Stalking)
18 U.S.C. 2261A(l), 2261(b) & 2
97.
23
COUNT3
(Interstate Stalking)
18 U.S.C. 2261AQ), 2261(b) & 2
99.
The allegations contained in Paragraphs 1-96 of this Indictment are re-alleged and
From on or about February 4, 2013, through on or about February 11, 2013, in the
District of Delaware and elsewhere, the defendants, DAVID TIIOMAS MATUSIEWICZ and
LENORE MATUSIEWICZ, traveled in interstate commerce with the now-deceased THOMAS
MATUSIEWICZ from Texas to Delaware, with the intent to kill and injure and harass, and to
place under surveillance with intent to kill and injure and harass and intimidate another person,
and in the course of, and as a result of, such travel did place in reasonable fear of the death of,
and serious bodily injury to, and did cause substantial emotional distress to, Christine Belford,
and a member of the immediate family of Christine Belford, and did result in the death of
Christine Belford, in violation of Title 18, United States Code, Sections 2261A(l), 2261(b) and
2.
COUNT4
(Cyberstalking)
18 U.S.C. 2261A(2), 226l(b) & 2
101.
The allegations contained in Paragraphs 1-96 of this Indictment are re-alleged and
From in or around December 2009, through on or about February 15, 2013, in the
24
Belford and Jane Doe 1, 2, 3 and 4, in another State, to wit, Delaware, in reasonable fear of the
death of and serious bodily injury to Christine Belford, a member of the immediate family of
Christine Belford, and the spouse or intimate partner of Christine Belford, used the mail, any
interactive computer service, and any facility of interstate or foreign commerce, to engage in a
course of conduct that caused substantial emotional distress to, and placed in reasonable fear of
the death of, and serious bodily injury to, Christine Belford, a member of the immediate family
of Christine Belford, and the spouse or intimate partner of Christine Belford, and did result in the
death of Christine Belford, in violation of Title 18, United States Code, Sections 2261A(2)(A)
and (B), 2261(b) and 2.
A TRUE~TLL:
''l'oreperson
DAVID C. WEISS
Attorney for the United States
Acting Under Authority Conferred
by 28 u.s.c 515
25