DALLAS (CN) - A former Clear Channel disc jockey has demanded sanctions against the one-time 'N Sync fan accusing him of raping her when she was 14.
Anthony Salvatori aka Tony Moreno aka Tony Lopez, of Denton, Texas, moved to compel and impose sanctions against his accuser, Desiree Cumins, in Dallas County Court. In a September 2012 complaint, Cumins sought to hold Salvatori and Clear Channel liable for rape, sexual exploitation, molestation and sexual abuse.
Attorneys for Salvatori say they served the Johnson County, Texas, woman with written discovery requests in October and have not yet received a response.
"The movant requested in writing that plaintiff Desiree Cumins answer the discovery requests," defense attorney Logan Odeneal wrote. "However, the plaintiff Desiree Cumins has refused to file any responses. Consequently, the orderly progress of movant's discovery has been postponed."
Salvatori says he has been unsuccessful in trying to resolve the discovery dispute outside court.
In her complaint, Cumins said Salvatori was an on-air disc jockey at Clear Channel's Dallas pop station KISS FM 106.1 in 1999 when she was 14 years old.
"Victim called in the the radio station in response to abuser's solicitation to win 'N Sync concert tickets and abuser advised she was not the winning caller," the nine-page complaint said. "Abuser then lured victim to the radio station by advising victim to find a ride to the station and he might be able to get victim some passes to the upcoming concert."
Cumins said Salvatori then took her on a tour of the station and allowed her to make an audio recording of herself. She claimed he then put together a new contest that had her "set up" as the winner, giving her access to a direct phone number that would assure her "winning."
"Victim called and 'won' this new contest and was allowed to speak on the air, memorializing her 'win' and receipt of the tickets, at which point abuser told her to 'get excited,'" the complaint stated. "Abuser offered to give victim a ride home, prior to awarding the tickets to victim."
During her time at the station, Salvatori allegedly made inappropriate sexual remarks and fondled and grabbed Cumins. Salvatori then took Cumins to his apartment and raped her, then took her home, according to the complaint.
Cumins accused Salvatori of having a "psychosexual disorder characterized by an impulsive sexual attraction to young adolescent girls."
The complaint also mentions that Salvatori "has admitted 'heavy petting' with Victim in a parallel action." Cumins attributes the 13-year delay in filing to "repressed and/or suppressed memory."
She said Clear Channel failed to properly supervise or investigate Salvatori and was negligent in luring and enticing minors to the radio station.
Cumins seeks punitive damages for negligence and violations of the Texas Penal Code, including indecency with a child, sexual assault, aggravated sexual assault and injury to a child. She is represented by John Boyle with Boyle Lowry in Irving.Follow @davejourno
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