Tommy Shelton

[Lilly]

The more Pickle talks about his deposition, the more ridiculous he looks. What he thinks are smug answers are just plain stupid. He is so cocky that he thinks he has really given them more accusations and information, when, in reality, everything he has spoken is pure heresay. He has never personally witnessed anything with Tommy or 3abn and just repeats what he is told like a parrot.

He and his cronies have even made horrid statements questioning the moral actions of the Shelton parents who are both deceased and cannot defend themselves. Tommy Shelton Senior has been gone for 35+ years and yet Pickle thinks he has a clue about what kind of parents the Shelton's were. Pickle needs to quit listening to Linda as Mr. Shelton was dead many many years before she came into the family. She knows nothing whatsoever about him except how all the Shelton children loved and respected him. Of course why admit the truth when you can make up your own lies to try and make people perceive something that isn't true?

In one breath Pickle says Danny was in a "cover up" for Tommy Jr. and in the next, he says Tommy may have molested Danny! Now honestly, how many people would cover up anything for a person that molested them?

Bottom line again is Pickle has no info on anyone except what he has been told by others. Bitter ex-spouse, bitter ex-employees, and people who are trying to sue 3abn with false accusations so they can "get rich quick".

What Pickle doesn't realize is the more he brags and the cockier he gets, he just reveals his own evilness and stupidity.

[Lilly]

I can attest to the truthfulness of the Shelton children and in fact will quote them right here:

"My dad was the most wonderful, fair, honest, wise and moral christian I have ever known. We all loved and respected him."

All the Shelton children honored their father for his integrity, love and Christ-like spirit. He would never harm or molest any of his children. For this to be said on Pickle's forum when Mr. Shelton is dead and in his grave is a low-down mean thing to do. Certainly something a true christian would never do.

[Lilly]

Tommy Shelton has never ever said he was "guilty" of any crimes toward Alex Walker or Dennis Turley. What he did do was plea the way his lawyers told him to do...but not once has he EVER said he was guilty.

This should be on your conscience day and night what you have done.

[Mercy]

Bob wrote this below on his forum. you can see his castle is built on sand and is about to come tumbling down. He builds his big facts on assumptions. This is typical of Bob and why he gets nowhere.

Like the word "could."

Dictionary of "could" - used as an auxiliary to indicate a possibility

Notice they were "close" to obtaining records but did not get them. Why does he assume they would have information about anything? Really!? This tells us nothing Bob. Entertaining but limp in facts. Go back to your sandbox and try again.

On October 22, 2008, we were getting close to obtaining the auditor's records, and those records could have documented the $10,000 check(s) that got sent to Tommy while he was in Virginia. 3ABN swiftly moved to dismiss on October 23. That should tell you something.

[Cynthia]

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
CASE NO.: 11 CV 4177
ALEX WALKER,
Plaintiff,
v.
THREE ANGELS BROADCASTING
NETWORK, INC., and TOMMY SHELTON
Defendants.
________________________________________

Document #: 1 Filed: 06/20/11 Pages 1 - 10


COMPLAINT AND DEMAND FOR JURY TRIAL

COMES NOW Plaintiff, Alex Walker, by and through undersigned counsel, and hereby
files this Complaint and Demand for Jury Trial, and alleges as follows:

Document #: 13 Filed: 08/30/11

I, Tommy Shelton, defendant, in response to the complaint against me from plaintiff Alex Walker state
as follows:

I deny all the allegations in the complaint except where expressly admitted herein with regard to each
numbered paragraph in the complaint. I respond as follows;

Document 68 Filed 10/01/12

ANSWER OF DEFENDANT THREE ANGELS
BROADCASTING NETWORK, INC.
As for its Answer to Plaintiff’s Complaint in the above-entitled matter, Defendant
Three Angels Broadcasting Network, Inc. (“Defendant” or “3ABN”) denies each and
every allegation in the Complaint except to the extent hereinafter expressly admitted. As
to each numbered paragraph in the Complaint, 3ABN states and alleges as follows:

1. This case arises from the childhood sexual abuse of Plaintiff Alex Walker by
Tommy Shelton, an employee of Three Angels Broadcasting Network, Inc. and pastor in the
Church of God religion.

Paragraph
1. I deny.

1. As to paragraph 1 of the Complaint, 3ABN admits that this case arises from
alleged childhood sexual abuse of Plaintiff Alex Walker by Tommy Shelton, but denies
that the alleged sexual abuse occurred in fact. 3ABN admits that at various times it
employed Tommy Shelton and that Tommy Shelton was at various times ordained as a
pastor by a Church of God entity.

Parties, Jurisdiction, and Venue

2. At all relevant times, Plaintiff Alex Walker was a minor and a resident of Illinois
and Virginia, where the abuse alleged herein occurred. He is an adult resident of the State of
Illinois at this time.

2. I admit that Alex Walker is a resident of the State of Illinois at this time. I deny that he was ever a
resident of Virginia.

2. 3ABN admits paragraph 2 of the Complaint, but denies that the alleged
abuse occurred.

3. Three Angels Broadcasting Network, Inc. (hereinafter “3ABN”) is a non-profit
corporation organized and existing under the laws of the State of Illinois, with its principle place
of business located at 3391 Charley Good Road, West Frankfurt, Illinois, 62896. During the
relevant time period, 3ABN operated several international television and radio networks devoted
to Christian-based programming. The networks are broadcast throughout the Northern District
of Illinois and feature programming that is filmed in the Chicago, Illinois, area. At all relevant
times, Danny Lee Shelton was President of 3ABN.

3. I admit the first part of paragraph 3 concerning Three Angels Broadcasting Network's present
address and 3ABN being a non-profit corporation. I have no knowledge whether or not their
Network Broadcast throughout the Northern District of Illinois and features programming fihned
in the Chicago, Illinois area.

3. 3ABN admits the first two sentences of paragraph 3 of the Complaint,
denies the third sentence (alleging activity in the Northern District of Illinois), and
qualifies the final sentence of paragraph 3 by affirmatively stating that Danny Lee
Shelton was President of 3ABN during the period June 1, 1985 to September 6, 2007.

4. Tommy Shelton was at all relevant times an adult and employee/agent of 3ABN.
In 1997, Tommy Shelton began sexually abusing Plaintiff while living and working for 3ABN in
Virginia. In 2001, he moved to Kentucky and commuted to Illinois to work at 3ABN, where he
also sexually abused the Plaintiff. He currently resides in Virginia where he is awaiting trial on
charges that he sexually abused children there.

4. I deny that I was at all relevant times an employee/agent of 3ABN. I further deny that I sexually
abused the Plaintiff in 1997 or any other time. I also deny working for 3ABN while living in
Virginia. I admit moving to Kentucky and eventually commuting to work at 3ABN but deny abusing
the Plaintiff I Additionally, I deny residing in Virginia at present but admit awaiting trial in Virginia.

4. With respect to paragraph 4 of the Complaint, 3ABN admits that Tommy
Shelton was an adult at all relevant times; that he was an employee of 3ABN at specific
times; that he moved to Kentucky in 2001 and commuted to work at 3ABN in Illinois;
and that at the time the Complaint was filed he was residing in Virginia where criminal
charges for child sex abuse were pending against him. 3ABN denies all other allegations
in paragraph 4, and specifically the allegations that Tommy Shelton was an
employee/agent of 3ABN at the times of the alleged abuse of Plaintiff and that he abused
Plaintiff at 3ABN in Illinois.

5. This is an action for damages in excess of $5 million.

5. I don't know.

5. 3ABN admits paragraph 5 of the Complaint to the extent that it concedes
Plaintiff’s desire to win more than $5 million.

6. This Court has jurisdiction pursuant to 28 U.S.C. § 1331 because Plaintiff alleges
a claim under the laws of the United States.

6. I lack sufficient knowledge or information to know if paragraph 6 is true.

6. As to paragraph 6 of the Complaint, 3ABN admits that Plaintiff alleges a
single claim under the laws of the United States, but denies that the Court has subject
matter jurisdiction.

7. This Court has supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a) over all
other claims set forth herein which form part of the same case or controversy.

7. I lack sufficient knowledge or information to know if paragraph 7 is true.

7. 3ABN denies paragraph 7 of the Complaint.

8. Venue is proper under 28 U.S.C. § 1391(b-c) because the Defendant 3ABN
regularly broadcasts its programming to and conducts business in the Chicagoland area, and
otherwise maintains sufficient contacts such that it is subject to personal jurisdiction in the
Northern District of Illinois.

8. I lack sufficient knowledge or information to know if paragraph 8 is true.

8. 3ABN denies paragraph 8 of the Complaint as worded when filed on June
20, 2011. 3ABN alleges that after the Complaint was filed, the lawsuit was transferred
from the Northern District of Illinois to the Southern District of Illinois. 3ABN admits
that venue in the Southern District of Illinois is proper and that it is subject to personal
jurisdiction in this district.

Factual Allegations

9. In the early 1980’s, Tommy Shelton served as Pastor at the Ezra Church of God in
West Frankfort, Illinois. In 1985, numerous allegations of sexual abuse of children were made
against him. As a result of the allegations, the Illinois General Assembly of The Church of God
suspended Tommy Shelton and relieved him of his license and credentials. Despite such
allegations, Tommy Shelton eventually returned to his position at Ezra Church of God for
approximately two more years. Upon information and belief, more allegations of sexual abuse by
Tommy Shelton surfaced and he again left the Ezra Church of God in approximately 1991.

9. I admit that allegations of abuse were made and as a result the Church of God suspended
my credentials. However, no charges were ever filed. I further admit that I eventually resigned Ezra
Church of God.

9. As to paragraph 9 of the Complaint, 3ABN admits that Tommy Shelton
served as Pastor at the Ezra Church of God in West Frankfort, Illinois in the 1980s;
admits that at least one allegation of improper conduct with a minor was made against
him there; affirmatively alleges that Danny Shelton understood the allegation was
investigated by church authorities and police and determined to be unfounded; and denies
knowledge or information sufficient to form a belief as to the truth of the other
allegations in paragraph 9.

10. After his second departure from the Ezra Church of God, Tommy Shelton was
hired by 3ABN as a production manager. At this time, Tommy Shelton’s brother, Danny Lee
Shelton, was the President of 3ABN. Upon information and belief, Danny Lee Shelton was
aware of the allegations of inappropriate conduct against his brother, Tommy Shelton at the time
Tommy was hired by 3ABN.

10. I admit to being hired by 3ABN afler leaving Ezra Church of God. I further deny that
Danny Lee Shelton was aware of allegations of inappropriate behavior at the time I was hired by
3ABN.

10. As to paragraph 10 of the Complaint, 3ABN admits it hired Tommy
Shelton in 1992 after he ceased serving as pastor for the Ezra Church of God; admits that
Tommy Shelton and Danny Lee Shelton are brothers and that Danny Shelton was
President of 3ABN from June 1, 1985 to September 6, 2007; and denies that Danny Lee
Shelton was aware of the allegations of inappropriate conduct against Tommy Shelton at
the time of his hiring by 3ABN except the one described in paragraph 9 above, which he
understood had been investigated by church and civil authorities and determined to be
unfounded.

11. During Shelton’s employ at 3ABN, additional allegations of sexually inappropriate
behavior were made against Tommy Shelton, and as a result he was reassigned by
3ABN to a position of promoting the network nationally. At that time, he moved to Virginia.

11. I deny.

11. 3ABN denies paragraph 11 of the Complaint, except that it is true Tommy
Shelton quit his employment with 3ABN and moved to Virginia in approximately 1995
to take a position with the Community Church of God in Dunn Loring, Virginia. The
Community Church of God is not affiliated with 3ABN, and 3ABN had no involvement
in its decision to hire Tommy Shelton.

12. As a result of his relocation and affiliation with 3ABN, Tommy Shelton became
involved with the Community Church of God in Dunn Loring, Virginia. In 1995, he met the
Plaintiff Alex Walker, who was then a minor child and congregant. Shelton eventually became a
pastor at the church as well, but continued in his position at 3ABN. Upon information and
belief, 3ABN was aware that Tommy Shelton was given access to children through his position
at the church, yet made no effort to warn the children or their families.

12. I deny that my involvement with Community Church of God in Dunn Loring, Virginia was a result
of my afliliation with 3ABN. I further deny that I met Alex Walker in 1995 and that he was ever a
member of the Community Church of God. I admit that I became pastor of the church in 1995. I
deny that 3ABN was aware of any of my pastoral duties or what those duties entailed since one
ministry had nothing to do with the other and there was no communication between the two.

12. 3ABN denies paragraph 12 of the Complaint.

13. In 1997, Tommy Shelton began sexually abusing Alex Walker, who was then 11
years old. The sexual abuse occurred numerous times and included mutual masturbation.

13. I absolutely deny that I sexually abused Alex Walker in 1997 or any other time.

13. 3ABN denies paragraph 13 of the Complaint.

14. In 2000, Tommy Shelton was the subject of even more allegations of child sexual
abuse and he resigned from his pastorate at the Community Church of God. He then fled to
Marion, Kentucky, but maintained his paid position at 3ABN.

14. I deny that in 2000 I was the subject of more allegations of child sexual abuse. l admit I resigned
the church and moved to Kentucky as a result of a serious heart attack. I further deny that I
maintained a paid position at 3ABN while living in Virginia or for several months alter moving to
Kentucky.

14. 3ABN denies paragraph 14 of the Complaint, except it is true that Tommy
Shelton resigned his employment with Community Church of God in 2000.

15. Despite being aware of the numerous allegations of sexual abuse against Tommy
Shelton, 3ABN again assigned Tommy Shelton to the production department in 2001. He also
participated in the filming of 3ABN’s “Kids Time” programming, often playing the piano while
his brother preached to the children about God.

l5. I deny that in 2001 3ABN assigned me to the production department. I further deny that I
participated in the filming of 3ABN's “Kids Time” programming. I admit to musically
accompanying guests on a very limited basis while at the same time denying that Danny Shelton
preached to kids while I was playing.

15. 3ABN denies the allegations in paragraph 15 of the Complaint, except it
admits that Tommy Shelton worked in various capacities for 3ABN starting on January
11, 2001.

16. Upon information and belief, at all relevant times, Tommy Shelton was given
unfettered access to children in and around the 3ABN facilities by virtue of his position and job
duties.

16. I deny.

16. 3ABN denies paragraph 16 of the Complaint.

17. In 2001, Alex Walker began working part-time at 3ABN in the production
department as well. He was then 15 years old. Tommy Shelton discovered that Alex Walker
was working there and resumed his grooming and sexual abuse of Alex Walker.

17. I lack sufficient knowledge to know when Alex Walker worked in production at 3ABN, since I
wasn't assigned to the production department until 2005. I deny that I ever knew he worked there
until approximately l0 years afler the fact. I absolutely deny sexually abusing him.

17. 3ABN denies paragraph 17 of the Complaint, except it is true that in 2001
Alex Walker began working at 3ABN, and he was then 15 years old.

18. During Tommy Shelton’s employ with 3ABN, he repeatedly sexually abused
Alex Walker at the 3ABN facility in Illinois.

18. Once again, I deny all allegations of sexually abusing Alex Walker.

18. 3ABN denies paragraph 18 of the Complaint.

19. Tommy Shelton traveled between Kentucky and Illinois using means of interstate
commerce, with the purpose and intent of sexually abusing Alex Walker, for approximately one
year. The sexual abuse included mutual fondling, masturbation, and Tommy Shelton grinding
his naked body against Alex Walker until he ejaculated.

19. I admit to traveling from Kentucky, where I lived, to 3ABN in Illinois. I emphatically deny it was
‘ for the purpose of sexually abusing Alex Walker. I further deny the that there was ever mutual
fondling, masturbation, and grinding our naked bodies together or any other form of sexual abuse.

19. 3ABN denies paragraph 19 of the Complaint.

20. Upon information and belief, 3ABN relied upon Tommy Shelton’s position as
minister and religious authority figure to further the business of 3ABN. 3ABN expected Tommy
Shelton to use his training and influence as a minister in the Church of God to promote 3ABN
nationally.

20. I deny.

20. 3ABN denies paragraph 20 of the Complaint.

21. Upon information and belief, 3ABN, by and through Danny Lee Shelton, was at
all relevant times aware of numerous sexual abuse allegations against Tommy Shelton,
beginning with the 1985 allegations.

21. I deny.

21. 3ABN denies paragraph 21 of the Complaint, except to the extent of
3ABN’s admissions in paragraphs 9-10 and 24-25 of its Answer regarding Danny Lee
Shelton’s and 3ABN’s awareness of allegations against Tommy Shelton.

22. Upon information and belief, Danny Lee Shelton covered up and ignored
allegations of sexual abuse against Tommy Shelton and ordered 3ABN employees to do the
same. Danny Lee Shelton and 3ABN lied about the state of Tommy Shelton’s health,
campaigned to discredit those that reported abuse, and threatened accusers with lawsuits if they
continued to make public allegations of sexual abuse against Tommy Shelton.

22. I deny that Danny Lee Shelton covered up and ignored allegations of sexual abuse against me and
ordered 3ABN employees to do the same. I deny that Danny Lee Shelton lied about the state of my
health and campaigned to discredit those that reported abuse. Further, I have no knowledge of
Danny Lee Shelton threatening lawsuits against accusers.

22. 3ABN denies paragraph 22 of the Complaint.

23. Upon information and belief, 3ABN created and broadcast television specials that
praised Tommy Shelton and informed the community that Tommy Shelton was a good man who
had the support of 3ABN. 3ABN used their broadcasts into and around the Northern District of
Illinois to convey misinformation and to conceal the Defendants’ wrongdoing, including 3ABN’s
own negligence with regard to Tommy Shelton.

23.I deny.

23. 3ABN denies paragraph 23 of the Complaint, except that it admits it
broadcast a show upon Tommy Shelton’s retirement in January 2007 that thanked him for
his service.

24. Upon information and belief, the Board of 3ABN was aware of the numerous
allegations of sexual abuse of children against Tommy Shelton prior to and during the time of his
employment at 3ABN.

24. I deny.

24. 3ABN denies paragraph 24 of the Complaint for the period prior to May,
2003, and admits that thereafter 3ABN knew of some allegations of sex abuse against
Tommy Shelton including those alleged in the letter from Glenn Dryden dated May 14,
2003. See also paragraph 9 above.

25. Upon information and belief, 3ABN and Danny Lee Shelton have received more
allegations of sexual abuse against Tommy Shelton since 2001 and have actively concealed those
allegations and ordered other 3ABN employees to do the same.

25. I deny.

25. With regard to paragraph 25 of the Complaint, 3ABN admits knowledge of
allegations of sexual abuse against Tommy Shelton to the extent described in paragraphs
9 and 24 above, and receipt of the demand letter preceding this lawsuit identifying
Plaintiff and another complainant, and denies the remainder of paragraph 25.

26. 3ABN knew or should have known that Tommy Shelton was sexually abusing
Alex Walker, a minor child working on its premises, but failed to protect Alex or allow him to
take steps to protect himself. The scope of Tommy’s crimes and knowledge by 3ABN of his
propensities for sexually abusing children demonstrates that 3ABN was negligent in its
supervision of Tommy Shelton, to whom 3ABN had given unrestricted access to children,
including Alex Walker.

26. I deny.

26. 3ABN denies paragraph 26 of the Complaint.

COUNT I
NEGLIGENCE
Against Defendant Three Angels Broadcasting Network, Inc.

27. Plaintiff repeats and re-alleges Paragraphs 1 through 26 above.

27. I deny.

27. 3ABN repeats and realleges its responses to paragraphs 1-26 above.

28. At all material times, 3ABN owed a duty to Alex Walker to use reasonable care
to ensure his safety, care, health, and well-being while he was in its care and control as a minor
child.

28. I repeat my answers to paragraphs 1-26

28. As to paragraph 28 of the Complaint, 3ABN admits generally that it owed
Plaintiff the duty of care defined by Illinois law for employers of minor employees during
the time Plaintiff worked for 3ABN in 2001. 3ABN affirmatively alleges that it fulfilled
that duty. 3ABN denies paragraph 28 to the extent it seeks to impose a duty greater on
3ABN than is imposed by applicable law, and denies that it had custody of Plaintiff or a
special relationship with him beyond that of an employer.

29. 3ABN’s duties encompassed using reasonable care in the hiring, retention,
assignment and/or supervision of employees and agents who would not pose a threat to the
safety, care, health, and well-being of minors on its premises, including Tommy Shelton.

29. I don’t know.

29. As to paragraph 29 of the Complaint, 3ABN admits generally that it owed
Plaintiff the duty of care defined by Illinois law for employers regarding the hiring,
retention, assignment and/or supervision of employees and agents, and denies the
allegations in paragraph 29 to the extent they seek to impose a greater duty than is
imposed by applicable law.

30. At all relevant times, 3ABN had actual and constructive knowledge that Tommy
Shelton had dangerous sexual propensities involving children, had been accused numerous times
of sexual abuse of children, had been removed from his pastoral positions at churches for
allegations of sexual abuse of children, had been reassigned within 3ABN previously for
allegations of sexual impropriety, was clearly unfit for his duties, and presented an obvious threat
to the health, safety and welfare to children, including Alex Walker, before the sexual abuse of
Alex Walker.

30. I deny.

30. 3ABN denies paragraph 30 of the Complaint, except to the extent admitted
in paragraphs 9 and 24.

31. 3ABN breached these duties by failing to take reasonable precautions to provide
a safe environment for Alex Walker where he would be free from the unwanted sexual advances
and dangerous propensities of Tommy Shelton, a person of religious authority and employee of
3ABN. 3ABN also breached its duty of care by failing to properly investigate and/or disclose its
awareness of facts regarding Tommy Smith that created a likely potential for harm and actively
concealing its knowledge of Tommy Shelton’s propensities. 3ABN also breached its duty by
hiring Tommy Smith and giving him unfettered access to children, despite having actual
knowledge of numerous allegations of sexual abuse of children against Tommy Smith prior to
2001.

31. I deny.

31. 3ABN denies paragraph 31 of the Complaint.

32. As a direct and proximate result of 3ABN’s negligence, Alex Walker has
suffered and will continue to suffer severe and permanent traumatic injuries, including mental,
psychological and emotional damages and loss of enjoyment of life.

32. I deny.

32. 3ABN denies paragraph 32 of the Complaint; denies the unnumbered
paragraph immediately following paragraph 32 which seeks judgment for damages and
other relief; and denies liability to Plaintiff and demands judgment be entered in its favor
and against Plaintiff and for any and all other relief this Court deems appropriate.

WHEREFORE, Plaintiff, Alex Walker, demands judgment against Defendant, Three
Angels Broadcasting Network, Inc., for compensatory damages, costs and such other and further
relief as this Court may deem appropriate.

COUNT II
SEXUAL ASSAULT AND BATTERY
Against Defendant Tommy Shelton

33. Plaintiff repeats and realleges paragraphs 1 through 26 above.

33. I repeat my answers to paragraphs 1-26.

33. 3ABN repeats and realleges its responses to paragraphs 1 through 26 above.

34. Tommy Shelton made an intentional, unlawful offer of offensive sexual contact
toward Alex Walker, creating a reasonable fear of imminent peril and sexual assault.

34. I deny.

34. 3ABN denies paragraph 34 of the Complaint.

35. Tommy Shelton intentionally inflicted harmful or offensive sexual contact on the
person of Alex Walker on multiple occasions between 1997 and 2001.

35. I deny.

35. 3ABN denies paragraph 35 of the Complaint.

36. Tommy Shelton tortiously committed a sexual assault and battery on Alex
Walker. Tommy Shelton’s acts were intentional, unlawful, offensive, and harmful.

36. I deny.

36. 3ABN denies paragraph 36 of the Complaint.

37. Tommy Shelton’s plan and scheme in which he committed such acts upon Alex
Walker were done willfully and maliciously.

37. I deny.

37. 3ABN denies paragraph 37 of the Complaint.

38. As a direct and proximate result of Tommy Shelton’s assault on Alex Walker, he
has suffered and will continue to suffer severe and permanent traumatic injuries, including
mental, psychological and emotional damages and loss of enjoyment of life.

WHEREFORE, Plaintiff Alex Walker demands judgment against Defendant Tommy
Shelton for compensatory damages, punitive damages, costs, and such other and further relief
that this Court deems proper.

38. I deny.

38. 3ABN denies paragraph 38 of the Complaint. 3ABN denies the
unnumbered paragraph of the Complaint immediately following paragraph 38.

COUNT III
Intentional Infliction of Emotional Distress
Against Tommy Shelton

39. Plaintiff repeats and realleges paragraphs 1 through 26 above.

39. I repeat my answers to paragraphs 1-26.

39. 3ABN repeats and realleges its responses to paragraphs 1-26 above.

40. Tommy Shelton’s conduct was intentional or reckless.

40. I deny.

40. 3ABN denies paragraph 40 of the Complaint.

41. Tommy Shelton’s conduct with a minor was extreme and outrageous, going
beyond all bounds of decency.

41. I deny.

41. 3ABN denies paragraph 41 of the Complaint.

42. Tommy Shelton committed willful acts of child sexual abuse on Alex Walker.
These acts resulted in severe mental or sexual injury that caused or were likely to cause Alex
Walker’s mental or emotional health to be significantly impaired.

42. I deny.

42. 3ABN denies paragraph 42 of the Complaint.

43. Tommy Smith’s conduct caused severe emotional distress to Alex Walker.
Tommy Shelton knew or had reason to know that his intentional and outrageous conduct would
cause emotional distress and damage to Alex Walker, or Tommy Shelton acted with reckless
disregard of the high probability of causing severe emotional distress to Alex Walker.

43. I deny.

43. 3ABN denies paragraph 43 of the Complaint. (3ABN assumes that the
paragraph’s reference to “Tommy Smith” should be read as “Tommy Shelton.”)

44. As a direct and proximate result of Tommy Smith’s intentional or reckless
conduct, Alex Walker has suffered and will continue to suffer severe mental anguish and pain,
psychological and emotional injuries and loss of enjoyment of life.

WHEREFORE, Plaintiff Alex Walker demands judgment against Defendant Tommy
Shelton for compensatory damages, costs, punitive damages, and such other and further relief as
this Court deems just and proper.

44. I deny

44. 3ABN denies paragraph 44 of the Complaint. (3ABN assumes that the
paragraph’s reference to “Tommy Smith” should be read as “Tommy Shelton.”) 3ABN
denies the unnumbered paragraph of the Complaint immediately following paragraph 44.

COUNT IV
Travel with Intent to Engage in Illicit Sexual Conduct in Violation of 18 U.S.C. § 2423
(Defendant Tommy Shelton)

45. Plaintiff Alex Walker repeats and realleges paragraphs 1 through 26 above.

45. I repeat my answers to paragraphs 1-26.

45. 3ABN repeats and realleges its responses to paragraphs 1-26 above.

46. Tommy Shelton traveled in interstate commerce between Kentucky and Illinois
for the purpose of engaging in illicit sexual conduct with Alex Walker, who was a minor.

46. I deny.

46. 3ABN denies paragraph 46 of the Complaint.

47. Tommy Shelton’s acts and conduct are in violation of 18 U.S.C. § 2423.

47. I deny.

47. 3ABN denies paragraph 47 of the Complaint.

48. Although Tommy Shelton’s acts of travel with intent to engage in illicit sexual
conduct and sexual battery of Alex Walker occurred in 2001, Alex Walker was not immediately
aware of his injuries. Specifically, Alex Walker did not become aware that he had suffered
psychological and emotional injuries arising from the acts and conduct of Tommy Shelton until
2009. At that time Alex Walker began seeking psychological help for the first time relating to
issues he had only recently connected to the Defendants’ act and omissions.

48. I deny.

48. 3ABN denies paragraph 48 of the Complaint.

49. Alex Walker did not (and due to various coping mechanisms, was unable to)
make a causal connection between his injuries and the sexual acts and other misconduct of
Tommy Shelton until 2009. Alex Walker did not know, and could not reasonably have been
expected to know, that he had been injured and that Defendants had caused his injuries until
calendar year 2009.

49. I deny.

49. 3ABN denies paragraph 49 of the Complaint.

50. Plaintiff retained Herman, Mermelstein, and Horowitz, P.A. as his attorneys in
this matter and agreed to pay the firm a reasonable attorney’s fee.

50. I don’t know.

WHEREFORE, Plaintiff Alex Walker demands judgment against Defendant Tommy
Shelton for all damages available under 18 U.S.C. §2255(a), including without limitation, actual
and compensatory damages, costs of suit, and attorneys’ fees, and such other relief as this Court
deems just and proper

50. 3ABN lacks knowledge or information sufficient to form a belief as to the
truth of paragraph 50 of the Complaint. 3ABN denies the unnumbered paragraph
immediately following paragraph 50.

I ask that the lawsuit be dismissed

AFFIRMATIVE DEFENSES
As its Affirmative Defenses to Plaintiff’s Complaint, 3ABN alleges as follows:
1. Plaintiff’s Complaint must be dismissed because the Court lacks subject
matter jurisdiction over this matter. Specifically, the alleged basis for federal subject
matter jurisdiction is a claim under 18 U.S.C. § 2423. That claim is, on its face, timebarred
and insufficiently pled because it fails to allege sexual conduct of the type
proscribed by the statute. Further, the Complaint reveals on its face that Tommy Shelton
did not cross state lines to engage in sexual activity. He crossed state lines to get to his
job.

2. Further, even if subject matter jurisdiction existed over the claims against
Tommy Shelton, supplemental jurisdiction over the state-law claim against 3ABN is
absent and/or should not be exercised.

3. Plaintiff’s claim against 3ABN must be dismissed, in whole or in part,
because it is barred by application of the exclusive remedy provision of the Illinois
Workers’ Compensation Act. Specifically, Plaintiff alleges that he was injured while
employed by 3ABN. The Illinois Workers’ Compensation Act provides that the
exclusive remedy for employees who claim to have been injured due to their employment
is an action under the workers’ compensation scheme. Under this law, tort claims based
on the same alleged injuries must be dismissed.

4. Plaintiff’s Complaint, and each of the claims for relief purportedly stated
therein, is barred in whole or in part by applicable statutes of limitations or repose.

5. Plaintiff’s Complaint, and each of the claims for relief purportedly stated
therein, is barred in whole or in part by the doctrine of laches.

6. Plaintiff’s Complaint, and each of the claims for relief purportedly stated
therein, is barred in whole or in part by Plaintiff’s comparative fault, comparative
negligence, contributory negligence, assumption of the risk and/or other conduct for
which Plaintiff is responsible. 3ABN does not admit that any of the alleged abuse
occurred. To the extent the finder of fact were to find that any alleged abuse occurred,
3ABN states that, based on Plaintiff’s own sworn testimony, the alleged 2001 abuse
occurred due to Plaintiff voluntarily and negligently placing himself in situations for
which he is responsible.

7. 3ABN denies that Plaintiff suffered any damage, harm or loss, but if he did,
Plaintiff failed to mitigate any such damage, harm or loss by not seeking and receiving
counseling from a professional mental health provider.

8. 3ABN denies that Plaintiff suffered any damage, harm or loss, but if he did,
such damages were caused by the fault or negligence of others over whom 3ABN had
neither control nor a right of control and for whose conduct 3ABN is not liable,
including, but not limited to, the Dunn Loring Community Church of God, and Tommy
Shelton while not an employee of 3ABN.

9. 3ABN reserves the right to assert any other affirmative defenses which may
become apparent during investigation, discovery and trial.

WHEREFORE, 3ABN requests that this Court enter judgment in its favor and
against Plaintiff Alex Walker, as follows:

1. Dismissing Plaintiff’s Complaint, and the causes of action set forth therein,
with prejudice;

2. Awarding 3ABN its reasonable costs and disbursements incurred in
defending against Plaintiff’s Complaint; and

3. Granting 3ABN such other relief as the Court deems equitable and proper.

Demand for Jury Trial

Plaintiff demands a jury trial in this action.


Respectfully submitted,
/s/ James J. Gay
James J. Gay
...-and-
Jeffrey M. Herman
...
Jessica D. Arbour
...

and I request a jury trial.


Tommy Shelton defendant Pro Se
Date 08/26/2011
...

3ABN demands a jury trial in this action.

Respectfully submitted,
s/ M. Gregory Simpson
M. Gregory Simpson

Anthony J. Alt
...
-and/
Patrick T. Garvey (with consent)
...
Attorneys for Defendant
Three Angels Broadcasting Network, Inc