Bobby Gunther Walsh Plays Defamation Game Again.

WAEB's Bobby Gunther Walsh is currently facing a defamation lawsuit as a result of a series of libelous radio shows in which he attempted to tarnish the good name and reputation of Lehigh County DA Jim Martin. Walsh was pursuing a personal vendetta against Martin, whose office once prosecuted him for assaulting his daughter. The charges were ultimately dropped, but Walsh became bitter.

In the face of such a lawsuit, you might think that Walsh would be more careful with his accusations. Instead, on his April 21 show, he lashed out at a new target, Ron Angle. Walsh appears to have a hot nut for Angle, too.

Angle is the Northampton County Republican Party's write-in candidate for Controller. But he's been somewhat reluctant, and won't mount a campaign unless 250 Republicans want him to run. There are several Republicans who don't, like tea party chair Ronnie del Bacco. They're known as the RATs. These folks are near and dear to Gunther's heart, and are his usual guests.

The moment that Republicans decided that Angle was their man, the RATs went to Anthony Catino, and duped him into running. Gunther hosted Catino as his guest, and in his very first question, made this defamatory defamatory statements, innuendo and implication about Angle.

"This is an interesting question - I have no idea what this means - do you have any civil judgments or have you been arrested for theft like the other Northampton County Republican write-in candidate has? I have no idea who he means or who he's talking about there."

Gunther knows exactly what the question means. He knows exactly who is being discussed. This is a smear on Angle, against whom there are no judgments and who has never been arrested or convicted of any crime involving moral turpitude.

The deceit and dishonesty come from Walsh and his fellow RATs. I plan to alert Angle about this defamation, and hope he sues. Part of that suit should require Walsh to divulge the identity of the question that Walsh posed, knowing it would damage Angle.

Judge Beltrami: Bloggers Immune From Liability For Defamatory Anonymous Comments

In a ruling that has far-reaching implications for bloggers and newspapers that maintain Internet comment boards, Northampton County Judge Anthony Beltrami has rejected defamation claims brought against a blogger for anonymous comments posted on his blog. Last week, he determined that bloggers are immune from liability for comments that are posted anonymously. He bases his decision on Section 230 of the strangely named Communications Decency Act[CDA], a federal law designed to encourage online debate.I have first hand knowledge of this ruling, which I believe to be the first definite ruling on a blogger's liability in Pennsylvania. I happen to be the Defendant.

The ruling in question concerns a blog I wrote about Tricia Mezzacappa, not long after I obtained a $67,140 defamation verdict against her. Several of my readers responded to that story with uncomplimentary comments about her, and she sued. Judge Beltrami agreed with the argument that I am immune from liability under federal law. I am responsible for what I say, but not for the commentary of third parties, whether they identify themselves or not.

Though few people are aware of this obscure little provision, it has been dubbed "the greatest of all Internet laws."

Without question, anonymous commentary often leads to hateful and vicious remarks. But it also sometimes results in very good tips. I first learned that Sheriff Randy Miller had been fired thanks to an anonymous comment here. People feel more free to speak.

In this case, Mezzacappa had argued I should be held liable because, though I do not moderate, I respond to comments and occasionally delete them. The Court concluded these were nothing more than "the exercise of a publisher's traditional editorial functions, namely, whether to publish, withdraw, postpone or alter comment provided by others. This is the very conduct that Congress chose to immunize by [CDA]."

It would appear that, under Judge Beltrami's reasoning, even moderated blogs are immune.

Essentially, Mezzacappa's lawsuit has been gutted. I still have to answer some allegations, but her lawsuit is going to fail.

In the meantime, a defamation judgment that first stood at $67,140 has grown to $71,000.

Blogger's Note: This story originally published at midnight, and has been updated to reflect The Daily Intelligencer story.

Lehigh County Jim Martin Sues Over On-Air Defamation at WAEB

For years, Lehigh County District Attorney Jim Martin has been besieged by taunts,name-calling and damaging lies by a man who has a sick vendetta. I call him the Blog Mentor. He has marginalized himself inmost media outlets, But WAEB's Bobby Gunther Walsh embraced him, coached him and hosted him eleven times as a guest over the past years, allowing him to try to ruin Martin's reputation.

I saw Martin at a police function right after one of these shows, where this very proactive prosecutor was handing out awards to officers all over the Lehigh Valley. A big and sometimes gruff man, Martin tried to blow it off. But I could see that the years-long campaign of lies were taking their toll on him.

The Morning Call is now reporting that Martin has finally reached the breaking pint and has taken action against Walsh and the Blog Mentor. Legal pundits never subjected to this kind of torture called the lawsuit "rare." I'd call it self-defense. They talk about free speech, but the Pennsylvania constitution gives everyone, even Jim Martin, the right to protect his reputation.

I wrote about this matter in June, laying out what I thought and still think was a concerted campaign to damage Martin. Here's what I said then.

Bobby Gunther Walsh, the Lehigh Valley's aging poster boy for crackpot AM radio, is a combination huckster and conspiracy theorist. Between an endless series of commercials and promotions, he parades a series of goofy guests to tell us the sky is falling. Lately, he's been conducting a witch hunt against Lehigh County District Attorney Jim Martin.

It started in February and will continue today. Walsh uses a guest (I won't name him) who has a vendetta against Martin. "I have multiple pages of documentation that [my guest] provides to back up what he is asserting," Walsh deceptively assures listeners.

He accuses Martin of creating "a culture of corruption and incompetence." He implies falsely that Martin goes easy on drunk drivers because he's a drunk himself. Walsh's guest states, "Maybe there are people in high places in Lehigh County, maybe in the District Attorney's office, who have experience driving drunk and don't think it's that big of a deal." Walsh and his guest even accuse the DA of case-fixing. He encourages listeners to mob courtrooms in an obvious attempt to resurrect lynch mob justice. While passing out pitchforks and torches, they defame a man who has dedicated much of his professional career to criminal justice.

Last Wednesday, police officers from all over the Lehigh Valley were recognized for their efforts in deterring both aggressive and drunk driving. Jim Martin was the person who made these presentations, and then stuck around to hear their concerns. That's pretty strange behavior for someone who goes easy on drunk drivers.

Walsh has never acknowledged the visionary role Martin plays in law enforcement.This includes the creation of a regional crime center that uses the latest information technology advances. This center has solved several homicides and other major crime sprees. Instead of focusing on reality, Walsh defames Martin as a corrupt, crooked, incompetent, case-fixing drunk who goes easy on and cuddles with criminal defendants, especially if they are "young and shapely" blondes. Walsh and his guest have told outright lies, not verifiable facts, about three cases. Let me set the record straight. .

James W. Lauer 

What initially attracted Walsh's guest to this defendant is his last name - Lauer. Walsh's guest think there must be a connection to Phil Lauer, a prominent defense attorney.

Gunther's guest repeatedly asks, "Who does he know?"

There is no relation.

James Lauer has been charged four times with drunk driving. In the most recent episode, he ran a stop sign, T-boned a car, and injured four people, including a pregnant woman. He left the scene, but was apprehended right away, and has been in jail since that day. In addition to driving drunk, Lauer committed an interlock violation, somehow evading a system that authorities installed to keep him from driving drunk.

He is obviously going to get hammered.

But Gunther's guest incredibly warns, "I smell a case fix here."

I smell something, too. Bullshit. The guy has been in the can since the day of the accident, and had no lawyer at his most recent court appearance, months after languishing in jail. Not even a Public Defender. He has been jailed repeatedly for his drinking. If anything, Lauer's record demonstrates a no-nonsense approach to drinking and driving in Lehigh County.

But Walsh's guest claims he has proof that Lauer gets special treatment.

"In 2010, when Mr. Lauer was doing time for his third DUI in Lehigh County prison, they gave him an afternoon furlough to attend a wedding," he charges. "Would they do that for you or me? Who is this guy? Who does he know? You're in prison for your third DUI. They let you out to go to a wedding?"

Walsh starts laughing, creating the impression that authorities let a drunk out of jail to get blasted at a wedding reception.

Here's why this furlough was granted. Lauer's son was getting married. It was just three days prior to parole. He was released for three hours to attend the ceremony itself, not the reception. Moreover, Lauer was drug and alcohol tested when he returned to jail. The courts would do this for any inmate who had a good record in jail. You don't treat people like animals and then expect them to act like humans.

Walsh and his guest know these verifiable facts. They would rather lie so you believe that Lauer is connected..

Update: Lauer was sentenced to 2 1/2 to 7 3/4 years in prison. 

Amber Washko

Another false claim made by Walsh and his guest is that Martin gives preferential treatment to "young attractive drunk driving women". He cites the pending Washko case as an example. Last May, at what Gunther's guest himself admits is a "tricky intersection" at American Parkway and Dauphin Street, Washko ran into a vehicle being driven by Joseph Hennessey and killed him. Nearly eight months later, she was charged with drunk driving, but not homicide by vehicle.

An incredulous Walsh asks, "She wasn't even charged with vehicular homicide? ... You're kidding me."

Walsh's guest responds, incorrectly, that this woman was driving too fast, "obviously ran a solid red light," and killed Hennessey as he inched his way into the intersection. He calls the matter a "case-fix in progress", and thinks vehicular homicide charges should have been filed. In a letter to Judge Ford, he complains, "I know a judge can't tell crooked, incompetent, and lazy DA Jim Martin what charges to file."

Police knew Washko was drunk and could have charged her with that right away. But if she pleaded to these charges, they would be unable to charge her with anything more serious even if they later determined that her intoxication was a factor in the crash. You can't try someone twice for the same or even a related crime. Police waited, appropriately, until their investigation was complete before deciding what to charge.

Here are the facts, based on what police found in their own accident reconstruction. Hennessey was ahead of the white stop line that appears on American Parkway at that light. His vehicle was going 15 mph through the red light, and Washko came along at 43 mph. She had the light. Hennessey's vehicle was blocked by an embankment, and when it finally came into view, Washko only had 1.0 seconds to react and attempt to avoid a collision. According to police, it would take a sober person 1.6 seconds to react. That is why Washko was spared vehicular homicide charges. Though she was impaired, it played no role in Hennessey's death.
 
"Is this another example of a shapely (and drunk driving) young female being left off the hook by an enchanted DA Jim Martin?" asks Walsh's guest on his blog, to which Walsh refers listeners repeatedly.

No. You don't automatically charge someone, even a drunk person, with vehicular homicide. There must be evidence that the intoxication played a role in what happened.

Update: Washko was sentenced to three to six months in jail.

Jennifer Gehringer 

In another effort to falsely portray Lehigh County District Attorney Jim Martin as a prosecutor who looks the other way for "young, shapely blondes," Walsh and his guest point to Jennifer Gehringer. She struck and killed Parkland gym teacher John Toggas in 2008 as he crossed the street near Dorney Park. Though she was intoxicated, she was never charged with vehicular homicide. Just drunk driving.

Outrageous, exclaim Walsh and guest.

Here are the facts they fail to tell listeners. It was around 2 am, dark and Toggas was wearing a black T-shirt and dark shoes. He was drunk himself, and had been arrested earlier that night for drunk driving. He had argued with his wife, and decided to walk 13 miles home, loaded.

Gehringer, driving at or under the speed limit, never saw him. Nor would a sober person.

Walsh and his guest have been feeding a string of lies and distortions to radio listeners. They want to see courtrooms packed with 50-100 people to pressure judges into imposing harsh sentences instead of following the law. Ironically, they may have tainted Washko and Lauer so badly that it will be impossible to try these presumed innocent defendants in Lehigh County. Ex parte contacts have already resulted in the recusal of several judges.

I'd like to see the courtroom packed, too, when Walsh, his guest and Clear Channel are sued for libel. They have no interest in justice, but do have axes to grind.

Judge Koury Denies Mezzacappa New Trial In Online Defamation Case

Let the execution begin.

Judge Michael Koury, in an exhaustive 52-page opinion, yesterday denied Tricia Mezzacappa's post trial motions in my defamation suit against her. The Court rejected her claim that she received no notice of the trial, noting that the certified mail notice and tracking information indicating that delivery was, in fact, attempted.

Mezzacappa had claimed that she had no mail for a week last winter, as a result of snow and ice. Everyone kept slipping and falling on their ass, says she. If that is so, says Judge Koury, she had an obligation to notify the Court as well as opposing Counsel in the numerous lawsuits that seem to have consumed her.

The Court also gives an interesting explanations of damages available in a defamation case.

First, there's presumed compensatory damages, which require no proof. This includes damage to reputation, humiliation, and mental anguish. Second, there's special compensatory damages, which do require proof. These are actual, out-of-pocket losses. Finally, there's punitive damages for a Defendant who acts with common law and actual malice.  Those are imposed to deter a Defendant and others from defamatory behavior.

The Court's opinion is actually a reflection of its respect for Mezzacappa. She is a difficult person, even in a courtroom. She's pro se, and the Court could have dispatched her with a one-page order. But it showed her the same respect it would give to a high-priced lawyer. That is something that has always distinguished the Northampton County bench.

Mezzacappa can appeal this judgment, but she can't stop execution unless she posts a bond for 120% of the judgment.

I intend to commence execution immediately.

I'll let you in on a little secret, now that the case is over. During the trial, when I was talking about the embarrassment I felt at my grandson's basketball games, Judge Koury interrupted me to ask about my grandson. He had apparently seen him in action at one of the CYO games. I never knew he was even there.

"He's a very good basketball player," the Judge (and son of a great Notre Dame basketball coach) opined.

After that single remark, Judge Koury can do no wrong in my book. I called Dat's mother, and told her we now have a judicial opinion that Dat is good at basketball. She actually started crying. After that, Judge Koury could have ruled against me, and I would have still smiled. He found my weak spot.

But I'm glad he found in my favor.

What Pseudonyms Does Mezzacappa Use?

Can you help out?  Tricia Mezzacappa is unable to post at The Express Times under her own name. Her account was suspended after she repeatedly wrote about how "perfect" it would be to put a few hollow point bullets through my skull. She's created a plethora of other names, and injects herself into numerous stories.

Matt Dees is rightfully upset at being defamed by Tricia Mezzacappa at Lehigh Valley Live's Stickergate story.. He and I have both flagged the offensive comment that she posted, posing as Sparticus.

I intend to subpoena the registration information for Sparticus, as well as the other names she has created. That way she can be called on to account for her lies, which are spewed as a form of harassment.

I'm aware that she uses Sparticus, tictactoe, Matteodefault, and blueberries. If you are aware of any others, please list them in a comment below.

Updated 10 AM: The Express Times has thankfully removed the defamatory comment posted by Sparticus.

Tricia Mezzacappa Must Pay Me $67,000 For Internet Defamation

In a verdict handed down this morning (read it here), Northampton County Judge Michael J. Koury has finally wielded the sword of justice at West Easton troublemaker Tricia Mezzacappa. She's been ordered to pay me $67,140 in damages, including nearly $45,000 in punitive damages, for defamation.

I was represented by Allentown Attorney Rick Orloski, who stuck by me despite all the abuse she heaped on him. In fact, she began to defame him, too. A lesser lawyer would have taken off.

Mezzacappa began her defamation on October 31, 2011 at a blog called “Saving Private Gracedale”. That defamation has continued to the present day. In fact, Mezzacappa started her own blog, called “West Easton Footprint,” to continue making lurid accusations. These include very specific and false accusations that I exposed myself to her, sexually assaulted her, intoxicated her in an attempt to rape her, threatened to rape her, poisoned and abused her pet pig, stalked her in various locations, placed nails under the tires of her car and even burglarized her home.

She also falsely claimed that Ron Angle and I were involved in some sort of tax evasion scheme that included flipping antiques at auctions. She referred to us as “tax frauds” and depicted us both behind prison bars.

What bothered me most were her false accusations of pedophilia.

As Judge Edward G Smith, recently confirmed to the federal bench, noted in response to Mezzacappa's objections to my complaint, "[T]hese statements do not merely appear to be expressions of non-actionable opinion. Instead, these statements not only appear to be defamatory; they appear to be defamatory per se.”

If defamation is per se, damages can be presumed. But I can tell you they were very real. At the courthouse, I was called into the recorder's office because the women who work there began to wonder whether they should worry about me. At sporting events, where I love to watch my grandson and the other kids play, I had to discuss the matter with several coaches. I also began to notice that some parents understandably stopped asking me to pick up their kids and take them to practice. After being dragged into court on seven separate occasions by Mezzacappa to face bogus stalking charges, it began interfering with my sleep and made it difficult for me to concentrate.

In addition to the Internet defamation, Mezzacappa actively sought to have me fired as a freelance writer for The Bethlehem Press on at least three different occasions, necessitating all kinds of detailed explanations and references before I could continue.

Her pattern of harassing me with seven baseless stalking actions, was a drain on judicial resources. She made a mockery of the Court with seven frivolous claims between April 10, 2012 and the March 11 date of the damages trial. On one occasion, she forced Easton's police chief and another officer to waste a day in court. Because criminal sanctions are inappropriate, the only remedy to deter her from continuing to waste judicial resources and step all over other people is punitive damages.

As if all this were not bad enough, Mezzacappa displayed her animus by posting this comment, on Thursday, 1/10/13, at The Express Times web page, about me:

“Hi Jimp, I dont usually respond to anons, but here it goes.
Maybe I'M scared, but I dont think I'm paranoid, or a gun nut. See, law enforcement doesnt always work for insignificant nobody's like myself. They dont always serve and protect, either. When armagedon comes a runnin towards my house, I stand armed and ready. I picture armegedon about 5 ft 9 and balding, little eyeglasses on the tip of his nose, and enough fat flaps to insulate a bull. Deep breath, aim, shoot, and....one hollow point goes right through his skull, he's dead before he hit the ground, kersplat....PERFECT”

What makes this comment particularly menacing is that Mezzacappa possesses firearms, brags about them, and open carries. This comment was deleted at The Express Times, and she kept reposting it until The Express Times ultimately deleted her account.

Mrezzacappa is so difficult as a person that she continually taunted Attorney Orloski, referred to him in childish terms and refused to answer my complaint because she did not care for the way it was served on her. We ended up filing a default judgment. Then she refused to pick up certified mail notifying her of the damages trial. Yesterday, she was in Court, demanding sanctions against me for failing to give her notice, though that comes from the Court.

To her, this has been a game. To Attorney Orlosli and myself, it's been very real, and we really had no choice. Now we have a very real verdict, one that will withstand her attempts to have set aside. She is in a very bad position. She recently paid off the mortgage to her West Easton home. She will be unable to sell or mortgage it without satisfying us first. We can and will sell her home if the judgment remains unpaid. She won't be able to discharge a defamation tort in bankruptcy, especially when nearly $45,000 are in punitive damages.

PERFECT.

Gregory Contempt Hearing Continued a Week

Although Jim Gregory's contempt hearing was scheduled for today, it was continued until next Friday at 11 AM. Gregory asked for the continuance, telling Judge Zito he has funds to hire his own lawyer. He will remain incarcerated until the matter is heard. The probation office has lodged a retainer that will keep Gregory there, even if he makes bail.

People making their way to the courtroom had to pass through a gauntlet with Tricia Mezzacappa and IRA wannabe Michael Holmes catcalling those they dislike. That naturally included me. But when Mezzacappa began to taunt this time, I turned to her and said, "Willlllllllllbbbuuuuuurrrrrrrr."

While waiting for Judge Zito, Gregory kept turning around and staring at his ex, shaking his head. I was seated right in front of her and could see his malevolent stare. In an orange jumpsuit and shackled, he was as arrogant as ever.

Judge Zito had been on vacation all week, but ended it early because of this and other matters. Today, his primary concern was to ensure that Gregory had a lawyer. Some years ago, then President Judge Robert Freedberg ruled that defendants in contempt PFAs were entitled to a public defender if they applied or were incarcerated. The current President Judge, Stephen Barratta, has a different opinion. But Judge Zito was taking no chances.

He had two public defenders, Tony Rybak and Dwight Danser, and was ready to appoint one of them.

But before that happened, Gregory told Judge Zito he would provide his own counsel and had the money for one. He tried to imply that prominent Easton Attorney Gary Asteak would still represent him, but then read a letter from Asteak into the record that revealed, quite clearly, that Asteak is done with him, partially because he simply does not listen..

Gregory wants time for his lawyer to gather witnesses to refute five contempt citations that are "outrageous, outlandish, insane and incorrect."

After the hearing, Gregory supporter Mike Holmes was briefly questioned by two deputies about filming the proceedings or goings on in the hallway, which apparently was reported by an attorney. Holmes became very belligerent, and began insulting everyone.

Gregory was hollering out commands to Mezzacappa as he was carted away.

"What am I gonna' tell my boys?" he yelled on his way down the corridor.

Blog Defamation Suit To Move Forward, Sez Judge

Judge Smith at his other job

Breaking new legal ground, Northampton County Judge Edward Smith has applied the law of defamation to the Wild West of the Internet, the blogosphere. In a careful, 39-page, opinion issued Thursday afternoon, he has upheld a libel action that I've filed against West Easton blogger Tricia Mezzacappa.

In various Internet outlets, Mezzacappa has made specific claims of assault, animal abuse, stalking, pedophilia and even tax fraud. I filed suit in April, and Mezzacappa  asked the Court to toss the complaint. Judge Smith refused.

She tried to claim that her defamation was just her opinion. Judge Smith disagreed. "Contrary to Mezzacappa's contention, these statements do not merely appear to be expressions of non-actionable opinion. Instead, these statements not only appear to be defamatory, they appear to be defamatory per se."

Judge Smith also rejected Mezzacappa's claim that she was merely exercising a First Amendment right to raise matters of public concern. "[W]e cannot agree with Mezzacappa that all of the contested statements in this case raise matters of public concern as the overwhelming majority of the statements involve O'Hare's interaction with Mezzacappa, her property, and her pig."

Attorney Richard Orloski represents me in this matter.

Here is a scanned copy of Judge Smith's Opinion, which presents a great guide to the balance between First Amendment protected speech and online defamation.

smith1

Updated Friday, 9 PM.

GOP Delegate Candidate Tricia Mezzacappa Sued For Defamation

Just last week, Tricia Mezzacappa and her mouthpiece Larry Otter, were in Court. They wanted a temporary restraining order against me. Although they both walked right past me as I made my way into the courthouse to search a few titles, neither bothered to serve me with their motion or inform me there would be a hearing, the very next day, to restrict my individual liberties.

Judge Beltrami dismissed the case.

Today, I sued Mezzacappa for an incessant torrent of libel extending over a period of several months. I might be the first to sue her, but am by no means her sole victim. She has also defamed West Easton officials, Easton Mayor Sal Panto, Easton police, Northampton County officials and developer Abe Atiyeh.

Both WFMZ-TV69 and The Express Times have excellent accounts.

Other than this announcement, I'll let my lawyer, Rick Orloski, do the talking. Now he is being victimized by Mezzacappa, too.

Amazingly, she's running for Delegate to the GOP Convention.