“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.” Read more »
Share on Facebook