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N4T Investigators: Internet Intimidation - KVOA | KVOA.com | Tucson, Arizona

N4T Investigators: Internet Intimidation

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Tucson – Desiree Capuano says her ex-husband is out to destroy her.

“He told me once that his ultimate desire was to get me to commit suicide,” the Tucson area woman told the News 4 Tucson Investigators.

Capuano's anguish is her ex-husband's elation. Richard Riess happily confirms he's conducting an online crusade against her, saying he'll stop only when he regains custody of their 15-year-old son, or, “When she is destitute and homeless. I would think that, or, of course, her demise.”

Riess is a 43-year-old software developer who lives near Vancouver, British Columbia and uses the name Patrick Fox. As part of this joint investigation by the News 4 Tucson Investigators and the Canadian Broadcasting Corporation, Riess told CBC News in Vancouver all about the web site he hosts.

Everything is written and posted by Riess, as though it's Desiree writing. Such as: "I'm a drug addict, a child abuser, a white supremacist, a narcissist, and just an all-around bad person."  

Capuano says, “There's got to be a way to take that down. None of that is true.”

Capuano spoke publicly for the first time about the web site, which includes her home address and email addresses and phone number, along with intimate images of her, photos of her parents, two children, friends and fiance.  Riess started the site two years ago. Capuano found out about it from a colleague at work. “I was completely enraged and mortified because I had to go back into work with all of those people who had seen it.”

Capuano and Riess were married only a year, splitting up in 2001 when their son was an infant.  Riess did two years in prison for perjury after lying in federal court in 2008 about being a U.S. citizen.   He was deported to Canada and Capuano now has full custody with no visitation.

Riess has made a pledge that, “I would devote the rest of my life to doing everything I could-legally of course-to ruin her and destroy her.” When asked if he’s done that, he answered, “I'm working on it.”

Riess isn't working only on the web site; Capuano claims he wrote a letter to the board of directors where she was previously employed. “It was written like it was from me,” she said, “and it said, 'I smoke pot and there's not a f-----g thing you can do about it.” She says Riess signed the letter, “Desiree Capuano."  We asked her what happened with that job after the letter was received by the board. “I was laid-off,” she said.

Riess says, “Concerns about her not being able to get a job or not, I have absolutely no concern about that.  In fact, if as a consequence of the website she's unable to get a job, good.”

Another statement Riess made has nothing to do with his web site, but speaks volumes about his mindset: he emailed their son saying he would have no qualms shooting Desiree, if it were legal.

Asked what kind of parenting that is, he replied, “It is open and honest parenting.”

Attorney Peter Limperis specializes in libel and defamation. Limperis (who also represents KVOA) says technology is ahead of the law regarding the Internet, because if the target of online attacks gets the site taken down, the attacker can just go to another web-hosting company, or host themselves. Limperis says, “She’s in a tough spot, as many people like her across the country are."

However, Limperis adds that Capuano could sue Riess for defamation.

“I think if you look at the facts in this case, particularly given that he states that he's trying to get in touch with employers and her neighbors, I think there's a very good argument that  a court here would be likely to assert jurisdiction over him.”

Capuano says, “He's allowed to keep doing this and I don't understand why there's no laws that would dictate that this is just not right.  People shouldn't have to live like this.”

Riess was arrested last summer in Canada for criminal harassment, but the charges were dropped because prosecutors concluded Capuano should not, “Have an objective fear" for her safety, in part because the two live in different countries.  She does have an order of protection from an Arizona court, but that does not stop Riess’ internet attacks. Desiree wants to file a lawsuit against him, but cannot afford an attorney.

If you have a story you'd like us to investigate, email us at investigators@kvoa.com or call our tip line at 520- 955-4444.

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