According to a Mary Ann Greier story in this morning's ER the slander law suit that WPD officer Ed Wilson filed against the mayor and the village will be decided on by Judge Dave Tobin real soon. Lawyers for both parties have filed briefs on the merits of the case for the good judge to consider. Tobin will make the decision whether to let it proceed or toss it out.
Wilson filed the suit saying he was slandered by the mayor and the village with a statement that Surace made to a reporter from Channel 9 about Wilson's last suspension. It was something about the fact that Ed didn't go to investigate the murder of the late Bill Yost.
One of the reasons that Wilson used for filing the suit was that he was losing money even though he was on a paid suspension. If he was losing money it must have been from his other job and that has nothing to do with his duties as a police officer. Many have spoken highly of Ed but I get the feeling that this law suit was brought about by a defensive move and at best is frivolous. Ed was still under paid suspension when the suit was filed.
Hopefully Judge Tobin will see through all the superfluous words and rule that the case doesn't have merit to proceed. For the good of the village we need to get this behind us and get on with the future of the village. According to the lawyer for the village there was no malicious intent in the mayor's remarks and I tend to agree.
As I said before it's time to move on.
ole nib
Friday, December 14, 2007
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41 comments:
“At best is frivolous” “all the superfluous words”…Common Nib, you can’t be that blind. The lawsuit has merit and will go on. Let’s just hide our heads in the sand and pretend that nothing ever happened. That’s what is wrong with this Village! Nothing ever gets solved or resolved! These actions will continue to bite us in the ass as we have seen time and time again.
…Paid administrative time off still costs you money. I know Save a Lot does not have much overtime, but there is overtime in the P.D. and ball games and special details that Ed could have worked if he were on the schedule.
Get your head out of the sand, deal with these problems, stop creating further problems… Then we can move on!
The judge will decide if there is merit - and I wouldn't want to live here if the notion is that Ed Wilson should just get on with his life - for the good of the "Village."
I find it unbelievable how you attempt to word your blogs by manipulating the facts of an issue. Not only do you have the audacity that your readers will take what you espouse as fact, but you assume they are evidently to ignorant to even check to see what you write is slanted in either direction. My only conclusion is that you are so blinded in your support of the Mayor that you just do not concern yourself if your creditability is tainted. In so many words, you seem to be saying to hell with what the cost or how the reputation of the Ville will be affected as long as the Mayor remains beyond reproach. So sad!
In the very first sentence of your first paragraph, you misquote Ms Greier’s article. She never said, “the slander law suit will be decided on by Judge Dave Tobin real soon.” Check it out if you wish to retract your comment.
Your analysis of the article, as stated in your second paragraph, can only be regarded as selective reading! To refresh your memory, Ed brought the suit based on due to the Mayor slandering him on tape with false information. Could this be the reason for your statement “It was something about the fact that Ed didn't go to investigate the murder of the late Bill Yost?”
When you wrote your third paragraph, you must have had some preconceived motive in mind for nowhere did Ms Greier write anything that you wrote about.
I agree with you when you say, “ For the good of the village we need to get this behind us.” However, it would be nice to wrap it up with honest and unbiased malice.
ed wilson for chief,our existing chief aka head landscaper is a joke.at least yost was found guilty only because he offed himself. prosecutor gamble can chalk that one up as a win.
Offering Ed up as a sacrificial lamb was brilliant on my part. My plan is working perfectly. Now I'll RULE THE WORLD!!
Wonder if Cruella Deville is conjuring up the Ed Wilson For Mayor 2011 campaign, may she can hire that Starr prosecutor and go for Surace's jugular in a impeachment angle.
Edward Wilson shall rule the ville if only in her dreams.
Are the lieutenants on hourly and not salary? I truly don't know.
If he is on a salary basis, he wouldn't be eligible for overtime.
Although I'm not sure I agree Eddie was slandered, the mayor certainly should have checked his facts before talking to the media.
He's normally pretty damned closed-mouthed where the media is concerned.
there needs to be a few questions answered. What is the attorney for Joe costing the taxpayer an hour? What is the political party of Judge Tobin?? I Ed a salary employee? If you check back on record the Chief was paid overtime for parades,memorial day services, ect. If he is paid overtime then is Ed? We still don't know the cost of the attorney that is making up the police RULE book. It seems the fees are really adding up. What levy will have to be passed to pay for all this? The final answer is the taxpayer of wellsville is the one footing the bills. But It Sure Is Pretty in the ville!
Yay! Wellsville is in a headline again! Now Nib and Matt will get commenters!
CRUELLA FOR MAYOR IN 2011!
Can anyone provide me the address to the Wiz'z outhouse. My family wants to go by after church this Christmas Eve and wave to the Wiz and his family. We deserve a favorite memory too.
I am pretty sure since the Mayor was sued persnally by Ed, the Mayor pays his own legal fees. Not positive, but pretty sure. The Village isnt being sued, the Mayor is-maybe. It is so frivoous.
To Wiz:
I find it laughable you are concerning yourself with the reputation of the Village. Where was that concern when you and your Thanksgiving dinner partner were running Wellsville and everyone and everything about into the ground on a daily basis. You're a joke. Still. You and Matt were head cheerleaders for dragging Wellsville and the Mayor through the mud, let alone anyone who dared not to support your candidate. Give everyone one a break. A big snowstorm is coming, better go thaw out your outhouse door.
wiz, I thought you were boycotting this site or would be to busy doing research to stop by. Hey, does mat know your here? Well, since you are here I need your address so I can take the family out for a ride on Xmas Eve. We want to see you trying to pry open the old out-house door. It will be one of our fondest Xmas memories and traditions. Merry Christmas Wiz!
THE TENTACLES OF DECAY
Has anyone taken a drive up or down Rt. 11 lately? It's as if the decay in East Liverpool is reaching out to other areas. 11 is so bad, you have to stay in the passing lane all the way to the Columbiana exit. And it's the same in the southbound lanes. It's by far the worse stretch of highway anywhere. This is not to bash Pool town. Just an observation about our area in general. Matt and The Wiz (by the way, does WIZ refer to Wizard or taking a piss?)need to keep their focus on their own town. Leave Wellsville alone. You can follow that Rt.11 decay right down to the streets of ELO.
I find it hard to believe that a judge would find anyone guilty of slander, when the statements didn't harm Wilson's reputation, didn't cost him his job, and didn't deprive him of a way of making his livelihood.
Not only that, but who gives a rat's ass? The election is over with. That's the only reason he filed the lawsuit anyway.
Let it snow:
I agree 100%. I hope he gets what he deserves out of it. Nothing.
BLAH BLAH BLAH,,,POOR FRICKEN MAYOR..ANY OF YOU PEOPLE EVER ADMIT THAT HE HAS DONE WRONG...FOR CHRIST SAKES HE'S NOT A SAINT..GET EM ED.....
Re: Blah,Blah,Blah...Are you serious? Joe is not really a saint? It must be true because you wrote it in capital letters. That is why I voted for him because I thought he was a saint and now you tell me this. So I suppose the swearing in is not really a canonization. Well, this is a hard pill to swallow but I thank you for such pertinent information. I will immediately pen a letter the pope and get to the bottom of all this.
PS Do you know any saints that we could support in the next election?
I can't believe what I just read!
I also voted for Joe based on the belief that he was a Saint. I am appauled to find not to be the case. Election laws shouldl require candidates to declare Sainthood early in the election process so people are clear on whether they are voting for a Saint or not. It is the only fair practice to follow. I hope and pray that the Pope does a complete investigation of the matter. Or, Wiz could investigate after he gets his outhouse shored up for the winter. I am truly sad by this revelation about Joe. It is obviously true, or you wouldnt write it in capitol letters. Bless you for revealing the truth.
ALERT;
A truly sad thing has happened. As you all know, Wiz has several brothers and sisters, and you know the layout of their house and outhouse. Well, tragedy has struck. The Wiz's baby sister, Wizzie Jane, has fallen in the outhouse and perished. Apparently, the Wiz, was supposed to sure up the outhouse for the winter, but when contacted said he was derelict in his duty, due to berating people on line, and furiously still investigating the Mayors Prescription Drug Discount Card. Close friend, Falcon Eddie, commented, "Wow, What a shitty thing to happen, right at Christmas". When, contacted, crack journalist and has been blogger Matt Stewart said, "I hate Joe Surace and all the Suracers." The Wiz requests that in lieu of flowers, people should send donations to SURE UP THE OUTHOUSE FOR WINTER.COM. RIP Wizzie Jane
Our heartfelt sympathy go out to Wiz and his family.
I WILL NOT STAND FOR SLANDEROUS REMARKS!!!
I did not make the statement "What a shitty thing to happen..." I simply said, "At least she died doing what she loved". Don't put shitty words in my mouth "UNHAPPY CHRISTMAS" I will not tolerate it!
Sorry Falcon Eddie:
My source must have been bad. I am glad you cleared that up.
I am confused now about the RIP thing. Is that Rest In Peace or Rest In Poop. I hate that there is such a tragedy in the village during the holidays. I don't mean to be morbid, but have the firemen retrieved the body yet? I heard that wiz's brother Billy bob wiz is so distraught he won't leave the out-house.
After having consulted the official ORL Potty Mouth Handbook. It has become clear to me that "THE WIZ" does not refer to the act of urination. However, it does refer to the urine itself. As in the statement, "I gotta take a PISS". The urine in this case is the PISS.
I hope this clears up any questions you may have had about "THE WIZ". Any further questions should be forwarded to Prof. Tinkle of the ORL institute.
It seems the mayor can't tell the truth. This man's nose should be a foot long hot dog. He lied to the people about the prescription cards, he said "they are not part of his re- election campaign." But used campaign funds for expenses to process them. One good thing only 1/2 the people in are fools. 4 votes? Thank god for the people in rest homes and the one's who vote for last names. Right Joe.
Did you see the administrators photo in the paper? He looks like a mob boss want a be.
To:Lies of the Mayor:
He got everyone a RX discount card. There are no fraud charges, nothing was done illegally. Get over it.
Ole Nib:
Maybe you should go to Dear Santa and remove the awful posts about Nick Dalonzo. Your readers are disqusted by it. Please remove them, all it is doing is hurting someone. It isnt satire, or even written about someone who no one knows who it is. It is trash about a good citizen in the Village.
some people can dish it out but cant take it. boo hoo
Nib, I don't know if you are on vacation or what, but please respond in some way. I suggest that those folks who want to bash Italians, slander people and write porn should start their own blog. People here do not want to deal with the low-lifes. I really enjoy this blog and like participating in the conversation but some people have no boundaries and go way beyond what is decent. Would you want your mother or your father or your kids to read that stuff? Have a little decency and mercy. You may think you have the high hand now, but some day you will need someone to show you some kindness and mercy...I hope they do.
Ole Nib seems to need to get his facts straight before posting his opinion. Wilson's lawsuit is valid. The slander comes from the mayor stating he was ORDERED to the crime scene and unless the mayor or the chief ordered him then Wilson's claim is valid. He was placed on administrative leave because a fellow officer claimed Wilson refused to back him. If you read the newspapers, this was all spelled out. Why the mayor stated to Channel 9 that Wilson was ordered was confusing because up until that point, there was nothing in the local papers about Wilson refusing an order. Does it damage Wilson's reputation to make that allegation ABSOLUTELY! He is a lieutenant who would not have refused a direct command from his chief or his mayor. Could he lose wages as a result ABSOLUTELY because he wouldn't be called out or offered any overtime during his paid leave. The mayor needs to think before he speaks especially to the press. Being in an elected position may open you up to public ridicule but it does not allow you to publicly ridicule someone else.
Wiz is one of the most intelligent posters I've read on this site. Whether you agree with him or not he at least offers some kind of debate. The posters who like to attack the Wiz personally are lacking the ability for intelligent debate. Offer opinion or information that contradicts what he states or dontate your computer to someone who knows how to use the internet for productive purposes.
For those requesting the Nib remove certain posts, it shouldn't matter whether they are about Italians or not. Anything attacking anyone personally that is not true should be removed and their ethnic background shouldn't have nothing to do with it.
Honest Abe foot long nose Surace did Lie. When his lips move he lies.
I get the impression Ole Nib is out of town, or sick or something. I don't think he would let all this go on. Maybe we could act like grown ups and police ouselves until his return. The things some people are writing on these posts are childish at best, and porn at worst. Grow up people. Arent you embarresed about this? I dont care about your freedom of speech, there is common decency to take into consideration. Try it.
OK..I smell a rat and it's name is wiz!! Wiz needs to be banned from this site. I'll bet ANYTHING wiz started this crap about Italians and probably Nick trying to get Nib to shut this site down or sign in w/email address. Wiz is pissed because it has been the subject of parody and ridicule. Read rat king. WIZ you are one sick puppy. If you think your so f...... intelligent go start a blog and debate your ass off. Your really not wanted, no matter how you sign your posts.STAY AWAY!
Rat King:
Who gives a rats ass about the ongoing Ed Wilson saga. It will be decided soon. I am so sick of hearing how put upon Ed is. He had paid leave, so he didnt lose money. I would be happy to take a paid leave from my job forever and then sue. Who doesnt want to get paid and not work. I still think the lawsuit is frivolous and so are your comments. I like Ed, but he is responsible for some of the damage to his reputation. So, in closing, Wiz, go tell it to someone who isnt sick of hearing about it.
I read some good news this morning in the newspaper our puffyhaired,chip selling,car washing BOE member finally retired.now maybe we can get some people on the board without an ajenda.
yes, something IS smelly and it smells like a wiz. It certainly is not our fault that Wizzie Jane perished in the outside facilities. We took a nice wreath up there yesterday and threw it down the hole to pay our respects. It is a crappy thing to have happen but the wiz should not take it out on us. Wiz, I know its hard to believe, but worse things could happen...satire just seems to run rampant here.
The Wiz can't resist.
For those who care to know: In Ohio, defamation is a "false statement" published [published means that it was told to someone else, or was "reported" in the electronic {TV or radio} or print media {newspapers or magazines}] by a defendant [in this case, the Mayor] acting with the required degree of fault, that does ANY of the following:
1. injures a person's reputation,
2. exposes the person to public hatred, contempt, ridicule, shame or disgrace, or
3. adversely affects the person's profession.
Case Citation: A & B-Abell Elevator Co., Inc. v. Columbus/Cent. Ohio Bldg. And Constr. Trades Council, 73 Ohio St.3d 1, 7, 1995-Ohio-66; Cooke v. United Dairy Farmers, Inc., 10th Dist. No. 02AP-781, 2003-Ohio-3118, 24.
It's also important to remember that even if the plaintiff's lawsuit under state law is thrown out... he may still file an action in Federal Court under 18 USC 1983 (and possibly other sections) alleging a violation of his constitutional rights under the Fourteenth Amendment to the Constitution of the United States. Specifically, he may bring an action for violation of his right to "Due Process of Law" and for violation of the "Equal Protection Clause".
The interesting thing about lawsuits filed under this section is that there is no time limit as to how long one may wait to file such a suit. The only thing required to be proved is that the right was violated by a governmental official acting "under color of office". There is no limit to the amount of damages (money) that the person bringing the suit can ask for and there is no limit to the amount of damages (money) that a jury can award.
In such a lawsuit, the Mayor would be named as an individual as well as in his official capacity as the Mayor.
The TV reporter didn't come to Wellsvile to interview the Mayor as a private citizen, the interview was given by the Mayor in his official capacity as the Administrative Head of the Police Department and he spoke as the representative of the village.
If the suit goes forward, the Village of Wellsville will most certainly be paying the Mayor's attorney's fees and probably paying for an attorney to protect the interests of the village as well.
Nib:
Thank you for removing those disqusting posts. I am glad you apologized to Nick. I also want to tell Nick I am sorry, even though I am not one of the offenders but a defender. I am just sorry that he had to go throug that. Love you Nick and Little Nick.
Thanks Nib!!
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