Otto Warmbier: Family of American student held in North Korea awarded $500 million in lawsuit

Sarah Brookbank
Cincinnati Enquirer
Parents of Otto Warmbier, Fred and Cindy Warmbier are acknowledged during the State of the Union address in the chamber of the U.S. House of Representatives January 30, 2018 in Washington, DC. This is the first State of the Union address given by U.S. President Donald Trump and his second joint-session address to Congress.

A judge Monday ruled Otto Warmbier was tortured in North Korea - and awarded his Cincinnati family $500 million in punitive and compensatory damages.

Citing the isolated nation's "barbaric mistreatment of Otto," the federal judge said parents Fred and Cindy Warmbier of Wyoming, Ohio, provided evidence North Korea had taken him hostage and tortured their son. She said the country "deliberately caused Otto's brain damage, which resulted in his death."  

The opinion from U.S. District Court Chief Judge Beryl A. Howell opened with an anguished quote from Cindy Warmbier after Otto's return to the United States in June 2017: “What the heck did you do to my kid?”  

In a statement Monday, the Warmbier family said they are "thankful that the United States has a fair and open judicial system so that the world can see that the Kim (Jong Un) regime is legally and morally responsible for Otto’s death."

"We put ourselves and our family through the ordeal of a lawsuit and public trial because we promised Otto that we will never rest until we have justice for him," the family said. 

Court documents provide new details

The court documents go into sometimes gruesome details of the  injuries Otto sustained while imprisoned and the grief the family experienced upon his return.

"An American family, the Warmbiers, experienced North Korea’s brutality first-hand when North Korea seized their son to use as a pawn in that totalitarian state’s global shenanigans and face-off with the United States," court documents said.

"Having been compelled to keep silent during Otto’s detention in North Korea in an effort to protect his safety, Otto’s parents have since promised to 'stand up' and hold North Korea accountable for its 'evil' actions against their son."

More:Otto Warmbier's family seeks $1.1 billion from North Korea after son's imprisonment, death

University of Virginia student and Wyoming, Ohio, native Otto Warmbier was presented to reporters Feb. 29, 2016, in Pyongyang.

Otto spent a year and a half imprisoned after North Korea accused him of committing a "hostile act" that threatened the "single-minded unity" of the country's citizens. 

According to court documents, the Warmbiers were "nervous" about their son's trip to North Korea. Otto, then 21, was a University of Virginia student. "Otto had an 'open mind' and 'wanted to explore,' and he viewed the trip to North Korea as an opportunity to experience a different culture and way of life," court documents said.  

When Otto didn't call his family after his scheduled departure from North Korea, the tour company - Young Pioneer Tours - told them "everything was fine" and Otto’s inability to leave North Korea was just a "misunderstanding," court documents said. 

After he was detained, the U.S. State Department told the family Otto would "be home in six months." The department also told the family to stay quiet. 

The State Department - under administrations of Presidents Obama and Trump - told the Warmbiers not to speak to media outlets about Otto’s detention because "North Korea was 'going to want something for Otto,' and the more the family spoke publicly, 'the more it’s going to cost,' " court documents said. 

Odd and clumsy phrases in confession

In February 2016 in Pyongyang, North Korea, Otto read from a prepared statement before state media, declaring he committed the "severe crime" of stealing a propaganda poster from a hotel.

Court documents outline the many "untruths" in Otto's confession. Experts testified that the confession was "coerced" and "completely manipulated." Otto also spoke with “unnatural” language that sounded as if he had “been forced to memorize” the words, court documents said. 

Phrases like "crime task" and “quietest boots for sneaking” were cited for being North Korean phrases. 

During the confession, Otto begged for mercy but was sentenced to 15 years of hard labor.

After his release in June 2017, Otto was returned to the U.S. in a coma and suffering extensive brain damage. Court documents said he was blind and deaf.

According to court documents, Cindy “held out hope” that “Otto could be brought back” as the “young man” she once knew. She believed that Otto would be able to recover from his coma with medical care.

Her hopes were “shattered” on June 13, when Otto landed at Cincinnati Municipal Lunken Airport.

The family said Otto's condition was “horrible and unrecognizable." His mother and sister ran off the plane after seeing him. 

Otto died a few days later.

Court documents said North Korea is the “most advanced, most perfected totalitarian state in world history,” and has “perfected its means of terrorizing” both its own people and others.

Court documents said North Korea never entered an appearance in or defended against the lawsuit so the Warmbiers moved for default judgment, which was granted Monday.

Howell said the estate of Otto Warmbier is entitled to $21 million in compensatory damages and $150 million in punitive damages. Fred and Cincy Warmbier are each entitled to $15 million in compensatory damages and $150 million in punitive damages.

"Today’s thoughtful opinion by Chief Judge Howell Is a significant step on our journey. As a family, mother, father, sister and brother, we would like to thank all those who knew and loved Otto, and for all those who supported us and our mission to hold Kim liable for his actions. Thank you," the family said in a statement.

It’s unclear if the Warmbiers will actually receive any money from North Korea from the judgment. Carl Tobias, professor at the University of Richmond School of Law, said Monday that getting the North Korean government to cooperate would be difficult.

“It’s another government, and one that doesn’t cooperate much with the United States," Tobias said. “The question is how to find assets that are probably in the United States that the parents could secure.”

Much like the USS Cole incident, in which a U.S. judge held Sudan liable for the suicide bombing of a Navy ship that killed 17, governments who don’t show up in court often end up receiving a default judgment, Tobias said.

“I think the judge is clear that she was trying to deter and punish bad behavior by the North Koreans. Hopefully, it will have that effect,” Tobias said.

The North Korean embassy did not respond to calls Monday from The Enquirer.

Sam Rosenstiel contributed.

Read the judge's ruling. Warning: Graphic content