Stock photo and blog post by John Hoff
Instead of the trial I was expecting a week ago, today was merely a hearing in the defamation lawsuit filed by former JACC Executive Director Jerry Moore over an article published on this blog June 21, 2009. The issues at the hearing were threefold, as follows:
1. Is Moore a limited purpose public figure? If so, the standard for defamation is extraordinarily high and difficult to reach. Defamation would require actual malice and reckless disregard of the truth.
2. Will the plaintiff be allowed to ask questions about the identity of...
...confidential sources who this blog asserts are protected under the Minnesota Free Flow Of Information Act? For the record, this blog will not give up its sources under any circumstances, no matter how trying.
3. Will the plaintiff be allowed to sue for remarks made in "comments" posted by readers? This blog asserts the publication of such comments are protected under the Federal Communication Decency Act.
Individuals who were at the hearing today included...
1. Fifth Ward City Council Member Don Samuels--who also testified in regard to Jerry Moore's various public controversies.
2. Jordan Super Citizen Megan Goodmundson, who has been instrumental in putting together exhibits such as the numerous news articles which make mention of Jerry Moore in association with issues in North Minneapolis.
3. Melony Michaels, who was one of the victims of the identity-theft based mortgage fraud at 1564 Hillside Ave. N., the controversy at the heart of this case. Melony was accompanied by her friend Jan, a real estate agent who helped in the initial do-it-yourself criminal investigation. Their amateur investigation ultimately was taken up by the authorities, becoming a criminal indictment which put Larry Maxwell in prison for 16 1/2 years.
4. A Star Tribune reporter and columnist.
5. PJ Hubbard, the board member Jerry Moore hit in the face after the tumultuous Jordan Area Community Council election of January 12, 2009.
6. Naturally, the Mpls Mirror lady was there, hanging on the periphery of upbeat socialization and looking bitter.
7. Jerry Moore. His attorney, Jill Clark. Their paralegal Peggy Katch.
8. A young brunette female, late 20's to early 30s, who appeared to be either a journalist or law student based on her note taking, who sat in the back.
Both Jerry Moore and myself testified.
Due to the nature of being sued, (even frivolously) only so much should be said. A more colorful, detailed accounting will take place when that is possible. Some kind of ruling is expected tomorrow on the three main issues to come out of this hearing: public figure, are sources off limits, are comments protected under Communication Decency Act? Right now the most important piece of information I can relate is this: the blogosphere trial of the century (click for musical homage) will take place Monday, March 7, 9 a.m, Room 655C, the court of the Honorable Judge Denise Reilly.
