Published: February 23, 2006 11:50 pm         

Judge to decide next month whether to dismiss suit against Tribune-Star

Sullivan — A Sullivan judge will decide next month whether or not to dismiss a defamation lawsuit filed against the Tribune-Star.

The lawsuit filed in 2004 by Clay County Sheriff’s Deputy Jeff Maynard alleged the Tribune-Star published stories in March and April that were false, and with malicious intent.

In March 2004, a Clay County woman accused Maynard of misconduct during a traffic stop, and her allegations were reported by the newspaper. He was later cleared through a police investigation. The woman who made the allegations, Sandra Buczek, eventually was charged with false reporting, a class-B misdemeanor.

Maynard filed the lawsuit in Vigo County, which was transferred to Sullivan Circuit Court.

Buczek later stated she had gotten Maynard’s name confused with another officer and in November 2004, she filed a federal lawsuit against Clay County, former Clay County Sheriff Rob Carter and Reserve Deputy Michael Deakins. In her complaint, which was different than her previous allegations, she claimed unknown officers harassed her during a traffic stop. Clay County has been dismissed from the case.

During Thursday’s hearing, attorneys for the Tribune-Star and Maynard argued their case before Judge P.J. Pierson about whether to dismiss the case based on anti-SLAPP legislation.

The Tribune-Star filed the motion to dismiss last year based on the 1988 state law that stands for Strategic Lawsuit Against Public Participation. The newspaper argued that the articles were published in its right of free speech and press in connection with a public issue.

Attorney Eric Frey, who represents Maynard, said the Tribune-Star defamed Maynard by “knowingly publishing lies with reckless disregard for the truth.”

The lawsuit did not mention that the Tribune-Star published a third article stating Maynard had been cleared of wrongdoing and that Buczek had been charged with false reporting.

Maynard is seeking damages and court costs.

Frey made a case to show that the newspaper intended to defame Maynard’s character by publishing the articles, even after Carter told the Tribune-Star it would be irresponsible to print the story, he said.

Scott Craig, attorney for the firm Cox, Zwerner, Gambill & Sullivan, said the Tribune-Star contacted all the officials who were involved in the allegations before printing the story.

“It was not reckless disregard for the truth because no one knew what the truth was until the State Police finished their investigation,” he said.

Both sides will have seven days to submit cases to Pierson before he rules on the motion to dismiss. If the complaint is dismissed, the anti-SLAPP law will allow the Tribune-Star to recover reasonable costs and court fees.

Joanne Hammer can be reached at (812) 231-4214 or joanne.hammer@tribstar.com.