Story Created:
Jul 28, 2010 at 6:15 PM EDT
Story Updated:
Jul 28, 2010 at 6:15 PM EDT
SOUTH BEND — A St. Joseph County judge has dismissed a libel lawsuit against The Tribune and ordered the plaintiff to pay more than $47,000 in legal costs to the newspaper.
St. Joseph County resident Michael Sheneman filed suit against The Tribune in January 2009, alleging that a story written by reporter Jeff Parrott included false statements and libelous claims.
The January 2007 story chronicled accusations by several African immigrants that Sheneman took advantage of their naiveté and defrauded them through real estate investment schemes. No criminal charges have been filed against Sheneman related to the real estate cases.
But the 57-year-old real estate investor was charged in November 2006 with Class B felony sexual misconduct with a minor for reportedly having sex with a 15-year-old girl on several occasions and paying her cash in return.
In June 2008, Sheneman pleaded guilty to Class D felony fondling. He was sentenced to a one-year suspended sentence and three years of probation.
St. Joseph Circuit Court Judge Michael G. Gotsch dismissed Sheneman’s lawsuit against The Tribune in December 2009, citing "no genuine issues of material fact."
Late last week, the judge ordered Sheneman to pay The Tribune $47,318 in attorney fees and court costs.
The attorney for The Tribune, John P. Twohy said Tuesday, "We’re pleased. The judge awarded most of what we asked for."
When reached by phone Wednesday, Sheneman’s attorney, William Jonas, declined to comment. Jonas said he didn’t know whether his client will appeal the judgment as he had not yet discussed the decision with him.
Twohy said the judgment serves as a "disincentive," discouraging people from filing frivolous lawsuits against entities such as newspapers that practice free speech.
The judgment was awarded to The Tribune under the Indiana anti-Strategic Lawsuits Against Public Participation, or anti-SLAPP law. The statute refers to meritless lawsuits "aimed at silencing a plaintiff’s opponents or at least at diverting their resources."
Twhoy said the law is meant to prevent baseless complaints, "as Mr. Sheneman’s was," from costing companies thousands of dollars in defense expenses.
"It shifts the cost back to the plaintiff," he said.
Twhoy said this case is one of a handful in which a media defendant has been awarded attorneys fees pursuant to the anti-SLAPP statute.
Tribune Publisher David Ray said Wednesday he felt it was appropriate that The Tribune was awarded reimbursement of the legal costs incurred.
"From time to time, we do make errors, and we take those errors very seriously," Ray said. "However, there are cases where there are fair and accurate stories and people don’t agree with us. We feel strongly that we stick up for our accurate stories."
Staff writer Alicia Gallegos:
agallegos@sbtinfo.com
(574) 235-6368
