Trial Magazine
Verdicts & Settlements: Intentional Torts
Defamation
January 2020Leonard Pozner’s young son was killed in the 2012 mass shooting at Sandy Hook Elementary School in Connecticut. Shortly after the shooting, conspiracy theorists began to claim that Pozner’s child was not killed in the tragedy and that Pozner was not the child’s father. Additionally, Pozner was accused of being complicit in a grand conspiracy to fake the massacre. Pozner took steps to debunk these falsehoods, such as releasing his son’s death certificate.
Nevertheless, in 2015, James Fetzer and Mike Palecek released the original edition of a book entitled “Nobody Died at Sandy Hook.” The book claimed that Pozner’s son had not died at Sandy Hook and that the child was not a real person. Fetzer also has published false accusations in one or more blog posts, including that the death certificate was fabricated and a forgery.
The conspiracy theories and accusations have caused Pozner emotional distress. He also has been the target of violent voicemail and online threats, prompting him to move several times.
Pozner sued Fetzer, Palecek, and their book’s publisher, Wrongs Without Wremedies, alleging defamation. The plaintiff settled with Palecek and the publisher for undisclosed amounts. The jury awarded $450,000 against Fetzer.
Citation: Pozner v. Fetzer, No. 2018CV003122 (Wis. Cir. Ct. Dane Cnty. Oct. 15, 2019).
Plaintiff counsel: AAJ member Genevieve Zimmerman, Minneapolis; and AAJ member Jacob Zimmerman, St. Paul, Minn.