“A Convict Is A Convict”: Motion For Dismissal Refutes Defamation Charges In Hansen Complaint Against Russell, WDHP
“A convict is a convict.”
With these words, and further facts that dispute any defamatory or slanderous behavior, Atty. Emile Henderson has petitioned the court to dismiss the complaint filed by Sen. Alicia Hansen against Jamila Russell, Reef Broadcasting and its owner Hugh Pemberton.
In a Motion to Dismiss filed Thursday in Superior Court, Henderson stated that the allegations of defamation and slander that formed the basis of the complaint filed last month by Hansen failed to meet the legal standards of defamation and should therefore be summarily dismissed.
In his motion, attached below, Henderson says that that Hansen’s complaint, which alleges that slanderous statements were made by the Defendants and that as such they should be held liable, do not meet the legal requirement for the charge.
Henderson counters the allegations by asserting that the alleged “slanderous” statements do not specifically state when the statements were made, by whom or what information they contained and that in fact, defendant Pemberton is not accused of making any defamatory statement at all.
But the heart of the defense rests with the historic Supreme Court Ruling in New York Times Co. v Sullivan, which sets forth the “public figure” doctrine. That ruling stated that public officials, of which Hansen is certainly one, “must prove actual malice to recover damages in a defamation case” and that the defendant “makes the defamatory remarks with knowledge that (the statement) was false or with reckless disregard of whether it was false or not.”
This is of particular importance as many of the allegations relate to comments made concerning Hansen’s conviction of failure to file three years of tax returns. On this note, Henderson states numerous facts related to Hansen’s conviction, (page 8 of the complaint) and says “Plaintiff Hansen is in fact a convicted criminal after having been found guilty by a jury of her peers of willfully failing to file taxes…” and that “tax crimes are considered fraud crimes and that the US Supreme Court has determined that fraud crimes are inherently crimes of “moral turpitude.””
He adds that Hansen is also “embroiled in a very public issue as to whether she is even eligible to be a member of the 29th Legislature of the Virgin Islands” referring to the complaint filed with the Board of Elections by Crucians In Focus challenging her eligibility as a candidate for public office since she remains on probation for her conviction in the tax case.
“Despite her desire to minimize her criminal status, she is in fact a convicted criminal, albeit convictions of three misdemeanors,” he wrote. “Plaintiff Hansen has not been pardoned and still remains on probation from those convictions.”
And as to Hansen’s assertions that her reputation was changed by an alleged statement that she was convicted of a felony as opposed to three misdemeanors, Henderson wrote, “A convict is a convict.”
In addition to the dismissal of all charges, the suit seeks reimbursement to the Defendants of all associated costs and suits of the court action.
We will keep you informed as this situation develops.
Note: File below may load slowly.
Russell/WDHP Response to Hansen Defamation Complaint
Â
Good for Stephanie, you know that Norma don’t play with her, I think that she told her one day that she would come to St.Croix for her, LOL.
people are so sick of her.
Leslie has no room to be annoyed with anyone about anything. She is a large part of the reason why the VI is in the sad state it is in.
The whole world is fed up with Verdell.
Verdel vex because she’s not part of our ONE BIG FAMILYYYYYYYYYYY. Dem can’t stop the reef, no matter how dem try.
Verdel is like an outcast. Nobody want her around.
only Fat Ann. LLLLLLLLLLLLLLooooooooooooooooooooLLLLLLLLLLLLLLLLLLLLLLLLLL
ONE BIG FAMILY……HEY, HEY. When Stephanie fixed her..she complained to loud mouth Ann. she have not even tried calling back. she always have an agenda..
Fatso,Fatman and now Fat Ann?
http://www.doj.vi.gov/
website back up…
Does CIF have a network problem? I am not recieving any new posts. The last one was from 12/9/11?
thanks
Anon 3:28
Try resetting your internet modem and any routers-restart the computer. If that don’t work go to internet properties and delete your browsing history.