James Fetzer’s Sandy Hook claims ended up in a Wisconsin courtroom, and the result was a judgment against him. Leonard Pozner, whose son N.P. was killed in the mass shooting at Sandy Hook Elementary School on December 14, 2012, sued Fetzer for defamation over the claim that the boy’s death certificate was a forgery. The Dane County Circuit Court entered judgment for Pozner. This page summarizes the case, the money judgment, the allegations in the complaint, and the long procedural history that followed.
Court: State of Wisconsin, Circuit Court, Dane County
Case number: 2018CV003122 (captioned Case No. 18CV3122)
Case type: Defamation
Plaintiff: Leonard Pozner
Defendants named in the complaint: James Fetzer, Mike Palecek, and Wrongs Without Wremedies, LLC
Outcome: Amended Judgment for Leonard Pozner against James Fetzer of $1,107,395.13 (Document 443, filed 07-27-2020)
Look up the official docket for Dane County case 2018CV003122 on Wisconsin Circuit Court Access.
What James Fetzer Owes: The $1,107,395.13 Amended Judgment
The Amended Judgment for Leonard Pozner was submitted on July 27, 2020, and filed the same day as Document 443. It orders James Fetzer to pay Pozner $1,107,395.13, made up of three parts:
- $450,000 in damages awarded by the jury;
- $650,000 in attorneys’ fees, ordered by the Court and agreed to by the parties;
- $7,395.13 in fees and costs.
The costs figure came from Pozner’s Notice of Taxation of Costs, filed on November 4, 2019 together with an Itemized Bill of Costs and a supporting affidavit from attorney Emily Feinstein. Because the Court was entering a final judgment in Pozner’s favor against Fetzer, the Clerk of Circuit Court taxed the costs and entered judgment as shown below. Every amount Pozner requested was allowed.
Itemized costs and fees
| Item | Requested | Allowed |
|---|---|---|
| Attorney fees under Wis. Stat. § 814.04(1)(a) | $500.00 | $500.00 |
| Disbursements under Wis. Stat. § 814.04(2): court transcripts (copies of public records) | $115.40 | $115.40 |
| Photocopying | $0.00 | $0.00 |
| Express or overnight delivery | $0.00 | $0.00 |
| Deposition transcripts | $6,779.73 | $6,779.73 |
| Expert witness fees | $0.00 | $0.00 |
| Witness attendance and mileage fees | $0.00 | $0.00 |
| Total taxed fees and costs | $7,395.13 | $7,395.13 |
| Attorney fees ordered by the Court (listed separately) | $650,000 | $650,000 |
The bill of costs lists a sub-total of $615.40 for the statutory attorney fee and transcript disbursement together.
Why Leonard Pozner Sued James Fetzer
Soon after the shooting at Sandy Hook, conspiracy theorists started telling the public that N.P. had not died, that Leonard Pozner was not really his father, and that Pozner was part of a grand plot to stage the massacre. Until then, according to the complaint, Pozner had no meaningful public presence. He began answering and debunking these falsehoods, work he continues today, and one of the steps he took was to release his son’s death certificate to prove that N.P. was killed at Sandy Hook.
James Fetzer had spent years claiming that the shooting was a government conspiracy. He has variously said that N.P. did not die at Sandy Hook, that N.P. was not a real person, and that N.P. was not Pozner’s son. The lawsuit did not try to litigate all of that. It focused on a single falsehood: the claim that Leonard Pozner circulated a forged death certificate for his son.
The book: “Nobody Died At Sandy Hook”
Fetzer and Mike Palecek released the first edition of “Nobody Died At Sandy Hook” in October 2015. A second edition followed in 2016. It was not presented as a simple reprint; it was billed as “Expanded” and “Revised,” and its copyright page says it was published in May 2016 by Moon Rock Books. Fetzer is an editor of that “Expanded 2016 Revised” edition and co-wrote its Chapter 11, “Are Sandy Hook Skeptics Delusional with ‘Twisted Minds.’” Palecek is also listed as an editor.
The complaint quotes three passages from the second edition that accuse Pozner of issuing or possessing a forged copy of his son’s death certificate:
Page 183: “Noah Pozner’s death certificate is a fake, which we have proven on a dozen or more grounds.”
Page 232: “[Mr. Pozner] sent her a death certificate, which turned out to be a fabrication.”
Page 242: “As many Sandy Hook researchers are aware, the very document Pozner circulated in 2014, with its inconsistent tones, fonts, and clear digital manipulation, was clearly a forgery.”
The blog post
Fetzer did not confine the accusation to print. He repeated it online, including in a blog post dated August 5 (2018) at phibetaiota.net (https://phibetaiota.net/2018/08/james-fetzer-in-solidarity-with-alex-jones-how-we-know-sandy-hook-was-a-fema-drill-nobody-died-obama-officials-confirmed-it-was-an-anti-gun-propaganda-exercise), where he wrote:
“It [N.P.’s death certificate] turned out to be a fabrication, with the bottom half of a real death certificate and the top half of a fake, with no file number and the wrong estimated time of death at 11 AM, when ‘officially’ the shooting took place between 9:35-9:40 that morning.”
The sentence just before it, itself false, named Pozner, so the statement was about him. The complaint states that it is false in its specific facts and in its overall gist, because N.P.’s death certificate is not a fabrication, a forgery, or a fake.
The real death certificate
Official death records for Connecticut are kept by the Connecticut Department of Public Health. Its Vital Records Division issued an official death certificate for N.P., and a true copy, with sensitive information redacted, was attached to the complaint as Attachment A. That official certificate does not differ in any material respect from the one Pozner released to the public. Under Connecticut law, knowingly distributing or possessing a forgery of a document officially issued by a public office, public servant or government body is a crime, so the accusation amounted to accusing Pozner of criminal conduct.
The real-world harm
The complaint says the damage from these accusations was neither imagined nor limited to emotional distress or mental pain. Pozner has had to move several times, and conspiracy theorists fueled in part by the defendants’ falsehoods have threatened his life.
In January 2016, Florida resident Lucy Richards left threatening voicemails and sent violent online messages to Pozner, including “you gonna die, death is coming to you real soon” and “LOOK BEHIND YOU IT IS DEATH.” When she was sentenced, Senior U.S. District Judge James Cohn told her:
“I’m sure [Plaintiff Leonard Pozner] wishes this was false, and he could embrace [N.P.], hear [N.P.’s] heartbeat and hear [N.P.] say ‘I love you, Dad’…Your words were cruel and insensitive. This is reality and there is no fiction. There are no alternative facts.”
Her sentence bars her, after release, from accessing a list of conspiracy-based websites, including websites run by James Fetzer.
The Defendants as Named in the 2018 Complaint
- James Fetzer, alleged on information and belief to live in Dane County, Wisconsin, at 800 Violet Lane, Oregon, WI 53575; editor of the “Expanded 2016 Revised” edition, co-author of its Chapter 11, and alleged co-founder of Moon Rock Books.
- Mike Palecek, alleged on information and belief to live at 7545 Bear Trap Junction Road, Saginaw, MN 55779; listed editor of the same edition and alleged co-founder of Moon Rock Books. (The judgment caption spells the name “Palacek.”)
- Wrongs Without Wremedies, LLC, a Florida limited liability company at 6256 Bullet Drive, Crestview, FL 32536, which owns the fictitious name Moon Rock Books Publishing (Florida registration number G16000003745). The book names “Moon Rock Books” as publisher and gives that same Crestview address.
Plaintiff Leonard Pozner is described in the complaint as an individual living in Florida, a private person who is neither a public official nor a public figure.
The Legal Claims
Where the case was filed
The complaint says substantial, not isolated, acts behind the claims took place in Wisconsin and in Dane County. Fetzer, it alleges, lives in that state and county, and Palecek and Wrongs Without Wremedies, LLC are alleged to have coordinated publication of the falsehoods with him, which made Dane County the proper venue and gave the court jurisdiction over the parties and the subject matter.
Count One: defamation by all defendants (the book)
The book passages name Pozner directly, and their context would lead a reasonable reader to understand that he knowingly possessed and circulated a fabricated death certificate. The complaint alleges the statements are false, continue a falsehood the defendants had pushed for years, were meant to expose Pozner to public contempt, disgrace, ridicule or attack, were made with actual malice (knowing they were false or with reckless disregard for the truth), were not privileged, and amount to defamation per se because they accuse him of a crime.
Count Two: defamation by James Fetzer (the August 2018 blog post)
The same allegations are made against Fetzer alone for the blog post: false in fact and in gist, aimed at Pozner by name, a continuation of the long-running falsehood, published with actual malice, unprivileged, and defamatory per se.
Count Three: conspiracy
For the statements in the book, the complaint alleges the defendants acted together “as a cabal,” reached a meeting of the minds on the reckless publication, carried out the overt acts described, and are jointly and severally liable for the resulting injuries.
Damages and relief sought
Pozner alleged severe mental stress and anguish that disrupted his daily life and caused a high degree of psychological pain, along with present and future harm to his reputation. He sought general, special, incidental and consequential damages; presumed damages (because the statements are defamatory per se); nominal damages and a judgment clearing his name; exemplary damages for malice; pre- and post-judgment interest; court costs; reasonable attorney’s fees; and any other relief the Court found just. He demanded a twelve-person jury on all triable claims.
The summons
The summons, labeled “Civil Complaint & Demand for Jury Trial,” gave the defendants 45 days to serve a written answer under Chapter 802 of the Wisconsin Statutes on the Clerk of Circuit Court, Dane County, 215 S Hamilton St., Madison, WI 53703, and on Pozner’s attorney, The Zimmerman Firm, 15 Crocus Hill, Saint Paul, MN 55102. It warned that without a proper answer the court could enter judgment for money or other relief, that a money judgment can become a lien on real estate owned now or later, and that it can be enforced by garnishment or seizure of property. The complaint was dated November 27, 2018 and signed by Genevieve M. Zimmerman and Jacob S. Zimmerman.
Court Record Timeline, 2018 to 2026
The case did not end with the verdict. Below, in date order, are the filings and rulings that followed, from the original complaint through contempt proceedings, appeals, garnishment and sanctions.
Filing, discovery and summary judgment (2018–2019)
- Leonard Pozner’s stamped summons, complaint and Exhibit A are filed.
- DNA test report.
- Objection to DNA testing.
- Fetzer’s supplemental objection on DNA.
- Order on confidential materials.
- Deposition of H. Wayne Carver, II, M.D. (watch the video).
- Transcript of oral arguments and motion hearing.
- Court grants Pozner’s motion for summary judgment.
- Petition for appeal denied.
Contempt, verdict, judgment and injunction (2019–2020)
- Contempt order against James Fetzer.
- Transcript of the deposition of Dr. Roy Lubit (D.305).
- Decision and order on post-verdict motions; Bill of Costs judgment.
- Order granting a permanent injunction.
- Fetzer files a notice of appeal.
- Fetzer responds to Pozner’s motion for an order to show cause, with affidavits from James Fetzer, Alison Maynard and Bolton.
- Pozner’s reply supporting his motion for sanctions and an order to show cause.
- Supplemental affidavit of Alison Maynard.
- Contempt hearing (transcript of oral arguments); supplemental affidavit of Professor James Fetzer.
- Pozner’s supplemental brief following the motion for an order to show cause.
- Pozner’s supplemental fee response on the second contempt.
- Pozner’s reply brief after the show-cause hearing.
- Transcript of the contempt hearing.
- Notice of hearing on the motion to apply property to satisfy the judgment.
- Amended Judgment for Leonard Pozner; agreement on the dollar amount of attorney fees for the second contempt; response brief of plaintiff-respondent.
- Amended order for the second contempt.
- Fetzer appeals the contempt ruling.
Appeals and enforcement (2021–2022)
- Alison Maynard, attorney registration number 16561, is disbarred.
- Court of Appeals decision dated and filed.
- Fetzer’s petition for review of the appeal.
- Pozner opposes the petition for review.
- Order denying the petition for review.
- Pozner’s reply brief supporting turnover of property to satisfy the judgment.
- Amended order granting Pozner’s motion for turnover of property, to be applied to the judgment.
- Fetzer moves for reconsideration and vacation, objects to the valuation of property, and seeks damages for abuse of process.
- Fetzer moves to stay the “taking order” pending his petition for a writ of certiorari.
- Pozner files briefs opposing both the stay and the reconsideration motion; Fetzer files replies to each.
- Justice Barrett denies application 22A200, Fetzer’s request to the Supreme Court of the United States for a stay and administrative stay pending his certiorari petition.
- Decision and order on the objection to an election of an exemption.
Garnishment and collection (2022–2023)
- Summons and complaint for non-earnings garnishment against James Fetzer.
- Garnishee answer from Summit Credit Union.
- Garnishee answers from UW Credit Union and State Bank of Cross Plains; State of Wisconsin Court of Appeals, District IV filing.
- Debtor’s answer in the non-earnings garnishment.
- Objection to the answer and demand for a hearing in the garnishment.
- Pozner’s motion for distribution of funds.
- Transcript of the March 17, 2023 garnishment hearing.
- Appellate filing: Leonard Pozner, plaintiff-respondent, v. James Fetzer, defendant-appellant.
Later rulings (2024–2026)
- The Supreme Court of Wisconsin denies the petition for review.
- Court of Appeals decision: reversed and cause remanded.
- Petition to the Supreme Court of the United States.
- That petition is withdrawn.
- Court grants Pozner’s motion for disbursement of funds.
- Court denies Fetzer’s motion for relief from judgment.
- Court denies Fetzer’s motion to recuse.
- Court sanctions James Fetzer under Wis. Stat. § 802.05.
- Fetzer, representing himself, appeals a circuit court order granting a Pozner motion; his appeals of the circuit court orders are denied.
Counsel for Leonard Pozner
Genevieve M. Zimmerman (WI #1100693)
1616 Park Avenue South, Minneapolis, MN 55404
Phone (612) 339-9121 · Fax (612) 339-9188
[email protected]
Jacob (Jake) Zimmerman (MN #0330656), admitted pro hac vice
1043 Grand Avenue #255, Saint Paul, MN 55105
Phone (651) 983-1896
[email protected]
Emily M. Feinstein (WI SBN 1037924), [email protected]
Emily L. Stedman (WI SBN 1095313), [email protected]
33 East Main Street, Suite 900, Madison, WI 53703-3095
(608) 251-5000 phone · (608) 251-9166 fax
Full case records and court documents are at Pozner v. Fetzer.