Tag Archives: punitive

Jurors weigh punitive damages in Alex Jones Sandy Hook defamation trial

Aug 5 (Reuters) – Jurors in Texas on Friday were deliberating on how much Alex Jones should pay in punitive damages to the parents of a child killed in the 2012 Sandy Hook mass shooting for falsely claiming that the massacre was staged.

The parents of slain 6-year-old Jesse Lewis are seeking $145.9 million in punitive damages for the broadcaster’s falsehoods about the killing of 20 children and six staff at Sandy Hook Elementary School in Newtown, Connecticut, on Dec. 14, 2012.

“We ask that you send a very, very simple message, and that is: stop Alex Jones. Stop the monetization of misinformation and lies,” Wesley Todd Ball, a lawyer for the parents, told jurors before they began deliberations.

Register now for FREE unlimited access to Reuters.com

Register

An attorney for Jones, Federico Andino Reynal, asked jurors to return a verdict of $270,000 based on the number of hours Infowars devoted to Sandy Hook coverage.

The 12-person jury on Thursday said Jones must pay the parents $4.1 million in compensatory damages for spreading conspiracy theories about the massacre. That verdict followed a two-week trial in Austin, Texas, where Jones’ radio show and webcast Infowars are based.

Earlier on Friday, forensic economist Bernard Pettingill testified on behalf of Lewis’ parents that Jones “promulgated some hate speech and some misinformation” and “made a lot of money.”

Jones and Infowars are worth between $135 million and $270 million combined, Pettingill said.

Neil Heslin and Scarlett Lewis testified that Jones’ followers harassed them for years in the false belief that the parents lied about their son’s death.

Jones sought to distance himself from the conspiracy theories during his testimony, apologizing to the parents and acknowledging that Sandy Hook was “100% real.”

Jones’ company, Free Speech Systems LLC, declared bankruptcy last week. Jones said during a Monday broadcast that the filing will help the company stay on the air while it appeals.

The bankruptcy declaration paused a similar defamation suit by Sandy Hook parents in Connecticut where, as in Texas, he has already been found liable.

Register now for FREE unlimited access to Reuters.com

Register

Reporting by Jack Queen; Editing by Howard Goller and Mark Porter

Our Standards: The Thomson Reuters Trust Principles.

Read original article here

Alex Jones Trial Live Updates: Jury to Consider Punitive Damages

AUSTIN, Texas — A Texas jury on Thursday awarded the parents of a child killed in the 2012 mass shooting at Sandy Hook Elementary School more than $4 million in compensatory damages from the conspiracy theorist Alex Jones, the first time he has been held financially liable for defaming the victims’ parents by spreading lies that they were complicit in a government plot to stage the shooting as a pretext for gun control.

The decision was the first in a series of potential awards against Mr. Jones. On Friday the jury will consider evidence of Mr. Jones’s net worth to determine how much, if anything, to award the parents, Scarlett Lewis and Neil Heslin, in punitive damages.

Two other trials by Sandy Hook parents seeking damages from Mr. Jones have been scheduled for next month, though they may be delayed because his company filed for bankruptcy last week.

Mr. Jones has become increasingly emblematic of how misinformation and false narratives have gained traction in American society. He has played a role in spreading some of recent history’s most pernicious conspiracy theories, such as Pizzagate — in which an Infowars video helped inspire a gunman to attack a pizzeria in Washington, D.C. — as well as coronavirus myths and “Stop the Steal” falsehoods about election fraud before the Capitol assault on Jan. 6, 2021.

The verdict came after several days of emotional testimony, including 90 minutes on Tuesday when Ms. Lewis personally addressed Mr. Jones, asking him why he knowingly spread lies about the death of her child, Jesse, 6, who died along with 19 other first graders and six educators at Sandy Hook Elementary School in Newtown, Conn.

“Jesse was a real boy. And I am a real mom,” Ms. Lewis told Mr. Jones. Later she admonished him: “Alex, I want you to hear this. We’re more polarized than ever as a country. Some of that is because of you.”

But the most explosive revelation came Wednesday, when the family’s lawyer, Mark Bankston, revealed that Mr. Jones’s legal team had mistakenly sent him the entire contents of Mr. Jones’s cellphone, including at least two years’ worth of incriminating text messages now of interest to the House committee investigating the attack on the Capitol. The committee is scrutinizing Mr. Jones’s role in planning events surrounding the insurrection, and Mr. Bankston is now seeking the judge’s approval to deliver the text records to prosecutors and the Jan. 6 committee.

Ms. Lewis and Mr. Heslin had requested $150 million in damages, and Mr. Bankston said he was optimistic about what the jury would award on Friday. “You can probably imagine that if a jury returns a verdict exceeding $4 million for these plaintiffs in compensatory damages, I think punishment is probably going to be in that range or higher,” Mr. Bankston said. “I think it’s perfectly expected that we’re going to see an over nine-figure judgment against Mr. Jones.”

He added: “It’s been a long journey, and it’s really, really nice to able to turn and look at my clients, and say ‘he can’t get off scot-free for this. He can’t. You had a defendant who went into that courtroom and said, ‘I think I should have to pay them a dollar.’ And this jury said no.”

Mr. Jones said in his bankruptcy filing that he had paid $15 million so far in legal costs for the Sandy Hook litigation. Citing the damages that Ms. Lewis and Mr. Heslin had requested, Mr. Jones called the award a “major victory” in a video posted on Infowars on Thursday night, even as he urged viewers to buy products from his website to stave off what he portrayed as financial ruin.

“I admitted I was wrong,” he said. “I admitted it was a mistake. I admitted that I followed disinformation but not on purpose. I apologized to the families. And the jury understood that.”

Mr. Jones lost a series of Sandy Hook defamation suits by default last year after repeatedly failing to provide court-ordered documents and testimony. Those rulings set the stage for the trial this summer.

More important than money, the Sandy Hook families have said, is society’s verdict on a culture in which viral misinformation damages lives and destroys reputations.

“Speech is free, but lies you have to pay for,” Mr. Bankston told the jury last week. “This is a case about creating change.”

At the heart of the trial was a June 2017 episode of NBC’s “Sunday Night With Megyn Kelly” that profiled Mr. Jones. In the broadcast, Mr. Heslin protested Mr. Jones’s denial of the shooting. He recalled his last moments with Jesse, saying, “I held my son with a bullet hole through his head.”

Afterward, Mr. Jones and Owen Shroyer, an Infowars host, aired shows implying that Mr. Heslin had lied.

“Will there be a clarification from Heslin or Megyn Kelly?” Mr. Shroyer said on Infowars. “I wouldn’t hold your breath.”

During the trial, Mr. Jones’s lawyer, F. Andino Reynal, said that Mr. Jones was essentially running his own defense. After much uncertainty about whether the conspiracy broadcaster would testify, he was adamant that he would appear as the sole witness in his defense.

Mr. Heslin and Ms. Lewis deployed a variety of experts. The trial opened with testimony from Dan Jewiss, a retired Connecticut State Police investigator who led the Sandy Hook case; a forensic psychiatrist and the psychologist who treated Mr. Heslin and Ms. Lewis; and several Infowars employees, whose dubious statements allowed the family’s lawyers to submit evidence that was damaging to Mr. Jones, including a televised version of the full interview with Ms. Kelly, in which Mr. Jones advanced incendiary false claims.

Mr. Jones’s audience and corresponding revenues have risen sharply, to more than $50 million annually, in the decade since Sandy Hook.

His defense of the Second Amendment after the mass shooting brought attention from mainstream news organizations. But it was Mr. Jones’s alliance with former President Donald J. Trump, who appeared on Infowars in December 2015, that moved him from the far-right fringes to the center of Republican Party populism.

Mr. Jones and Mr. Trump have often echoed the same incendiary false claims, including the racist “birther” lie that President Barack Obama was not born in the United States; that Muslims in the New York area “celebrated” the Sept. 11, 2001, terrorist attacks; and the 2020 election falsehoods that brought violence to the Capitol last year.

Read original article here

Charter Spectrum hit with $7 billion in punitive damages over 2019 murder

A jury in Texas found Charter Communications liable for $7 billion in punitive damages this week as the result of a lawsuit from the family of Betty Jo McClain Thomas, an 83-year-old woman who was stabbed to death by one of its employees in December 2019. The $7 billion is in addition to $375 million in compensatory damages the jury assigned in June.

The explanation behind the staggering figure of the verdict goes well beyond the horrific crime committed. It also includes the company’s policies and responses to previous incidents of theft and an attempt to forge a document showing Thomas agreed to forced arbitration that would have limited potential damages to the amount of her last bill.

Charter-submitted evidence to compel arbitration.
Image: Dallas County, Texas courts portal

While assigning the $7 billion in exemplary damages for gross negligence, jurors decided that Charter tried to compel the case into arbitration using forged documents from Spectrum, its internet service provider. Charter tried to compel arbitration using a terms of service document they claimed Thomas had agreed to while signing up for service, which was supposedly pulled from its database.

During the trial, lawyers for the family pointed out a number of inconsistencies with the document. Those include dates on it that didn’t match with the times when it was supposedly pulled from Charter’s system and a blank spot where Thomas’ name should have been. In other cases, the company’s lawyers presented a different set of terms without the arbitration clause.

While the documents were supposed to represent evidence taken from Charter’s live database, they showed an address indicating that the file was actually stored on someone’s personal computer. At the very bottom, it shows the file address, which reads “localhost:62220/VewContracts.aspx.”

Localhost is a loopback address, representing 127.0.0.1, and means the request isn’t leaving the computer it started from or accessing any other network or database at all.

A USA Today report from earlier this month outlines the murder, committed by a Spectrum cable repairman who returned to Thomas’ home the day after being sent for a service call to fix her fax machine. Lawyers representing Thomas’ family argued in court that the technician, Roy James Holden, learned the woman had reported ongoing issues with her service, then used his company key card to drive one of its vans to her house, where she caught him attempting to steal her credit cards, and he murdered her.

Charter Spectrum bill sent to Betty Thomas in 2020

On January 3rd, 2020, Charter sent Thomas an overdue bill that included a one-time charge of $58.94 for the service call.

The jury found Charter a proximate cause in Thomas’ death, meaning the company committed an act or omission “that a person using ordinary care would have foreseen the injury, or some similar injury, could be anticipated,” and assigned it 90 percent of the responsibility. The plaintiff’s lawyers pointed to Charter’s failure to perform a background check that would’ve shown Holden lied about his work history, and submitted evidence he’d repeatedly sought help from supervisors and management due to personal problems, and told them he at one point thought he was a Dallas Cowboys player.

Holden admitted committing the murder, and was sentenced to life in prison in April 2021.

In addition, the lawyers for Thomas’ family presented evidence that Charter Spectrum techs had been responsible for more than 2,500 thefts against customers over several years before the murder, and said the company refused to investigate or report them to the police. The court included a spoliation order with the jury instructions, based on Charter’s destruction of evidence that should’ve been preserved, including video surveillance and tracking information for Holden, and found Charter guilty of contempt for failing to produce other documents.

In a statement released after the verdict, Charter spokesperson Cameron Blanchard said:

Our hearts go out to Mrs. Thomas’ family in the wake of this senseless and tragic crime. The responsibility for this horrible act rests solely with Mr. Holden, who was not on duty, and we are grateful he is in prison for life. While we respect the jury and the justice system, we strongly disagree with the verdict and will appeal.

The law in Texas and the facts presented at trial clearly show this crime was not foreseeable — and the plaintiffs’ claims of wrongdoing by Charter are categorically false. We are committed to the safety of all our customers and took the necessary steps, including a thorough pre-employment criminal background check — which showed no arrests, convictions or other criminal behavior. Nor did anything in Mr. Holden’s performance after he was hired suggest he was capable of the crime he committed, including more than 1,000 completed service calls with zero customer complaints about his behavior.

On Friday morning, Charter released its earnings results for the second quarter of 2022, reporting $13.6 billion in revenue, “driven primarily by growth in residential, mobile and commercial revenues.” Its press release did not mention the case or verdict, and a transcript of its earnings call posted to Seeking Alpha shows analysts did not ask executives about it. A 10-Q document filed with the SEC did mention it under the Contingencies section.

The Company has considered various factors, including the legal and factual circumstances of the case, the trial record, the jury verdicts, the status of the proceedings, applicable law, the views of legal counsel, the court’s rulings in advance of and during the trial, along with upcoming post-trial motions of the parties in determining the various grounds for appeal that the Company expects to vigorously pursue and the likelihood of a successful appeal. Based on these factors, the Company has concluded that a loss from this case is not probable and reasonably estimable. Therefore, the Company has not accrued a liability for the adverse verdict in its financial statements as of June 30, 2022.

Read original article here