Ex-wife accused of putting recording device in daughter's toy
Jan 7, 2009 An Omaha man has filed a lawsuit accusing his ex-wife and former father-in-law of putting a recording device inside his daughter's teddy bear to spy on him.
The lawsuit filed in U.S. District Court in Omaha says Dianna Divingnzzo and her father, Sam Divingnzzo, tried to use audio recorded in the stuffed animal in the divorced couple's custody case.
The bear is attached to a small blanket, something Lewton says his five year-old daughter calles "Little Bear." He says she takes it everywhere.
"I just can't fathom the thought of somebody taking that little bear's head off and putting a bugging device-"
Lewton claims his ex-wife spied on him for at least six months. It came out in October, in their on-going custody battle in documents Lewton’s attorney requested from a family psychologist.
And that's not all that came out, says Lewton. "She's hired two detectives that followed me, had GPS on my vehicles. They couldn't find anything. Honestly, the worst thing that he said I did was that I went to Home Depot too much."
The recordings have been thrown out in the custody dispute. Now, Lewton’s hired another attorney to sue his ex-wife, Dianna Divingnzzo, for planting the bear and four others who allegedly helped.
Attorney John Kinney says, "He doesn't want to put his daughter through any more. But at this point, at some point, you've got to stand up."
Lewton says, "I have a fiancé that lives with me. Countless intimate conversations that somebody else was listening to?"
He says he’s now scrutinizing every toy his daughter brings into the house during her stays. It's gotten so bad, he says, he's now in the habit of putting his little girl's toys in the microwave, just to destroy any possible recording devices.
"Obviously, conversations about finances and uh, personal things, we talk about either outside our house or in very loud places."
He doesn't believe his daughter knows the secrets her bear was keeping. "And I guess I just hope that she doesn't find out about it until she's old enough to understand it."
In Nebraska, if a conversation is secretly recorded, at least one person in the conversation must know about it.
Lewton, his daughter and five other plaintiffs who were recorded, are requesting a jury trial. They seek $20,000 each, plus other damages and court costs from each defendant, for invasion of privacy and violation of the wiretapping law.
If mediation doesn't work, a court date will be set.
Channel 6 was unable to reach Divingnzzo for comment
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