Ron Avery on MINNESOTA LAWYER, “Lawyers help Sandy Hook dad prevail”

[Editor’s note: Compounding a fraudulent lawsuit over a fabricated death certificate with fake news from a journal for Minnesota lawyers, no less. How many false claims and distortions can you identify? Here’s an example. The subtitle, which appears at the bottom of the featured image (above), “Defamation Defendant accused him of faking son’s death certificate”. Except that I am the Defendant and I didn’t do that. Perhaps it’s too subtle for a Minnesota lawyers’ journal, but I asserted (three times in 2015 and in 2016 and a fourth time in 2018) that the death certificate the Plaintiff had shared with my colleague, Kelley Watt, is a fabrication, not that the Plaintiff had faked it. The author of this ridiculous story did not even bother to examine the Complaint, where the four allegedly defamatory statements are specified, word for word. Doesn’t MINNESOTA LAWYER care about getting the facts right? Why am I not surprised? I am encountering one legal absurdity after another in this case.]
 

When a Dane County Wisconsin jury returned a $450,000 verdict in favor of Leonard Pozner, he wasn’t in the courtroom. He didn’t feel safe walking in the dark through the people gathered at the courthouse.

 

Pozner’s son Noah was murdered in a mass shooting at Sandy Hook school in Newtown, Connecticut, in 2012 and the conspiracy theorists haven’t let up on him or other parents since. Their theory is that Sandy Hook didn’t happen and it’s all a ruse so the government can confiscate people’s firearms.

 

Pozner decided to fight the conspiracy rumormongers and consequently has been targeted. Death threats recur and other harassment triggers Pozner’s chronic PTSD. So he sued James Fetzer, the author of “Nobody Died at Sandy Hook.” He also founded the nonprofit HONR networks, which works to counter internet hoaxes. He and other Sandy Hook parents have sued Infowars host Alex Jones, who also has capitalized on the school shooting tragedy. His publisher has had a change of heart and pulled the Sandy Hook books out of distribution.

 

Pozner was represented by Jacob Zimmerman and his wife, Genevieve Zimmerman. They did not earn a fee for the case and paid the costs themselves, with the assistance of Genevieve’s firm, Meshbesher & Spence. The Madison law firm of Quarles & Brady provided office space and assistance in the courtroom.

 

Fetzer is a professor emeritus from the University of Minnesota Duluth who lives in Oregon, Wisconsin. He has propagated conspiracy theories about the assassination of John Kennedy and the airplane crash death of Paul Wellstone. He denies that the Holocaust happened and says that the 2018 mass shooting at a Parkland, Florida, high school was actually a “political operation” pulled off to benefit the Democratic Party.

 

Pozner wasn’t alone in his security concerns. Fetzer’s followers also targeted the court, leading the judge on his own motion to keep the identities of the jurors and their addresses confidential.
“This [anxiety] isn’t speculative. There could be someone with a gun outside the courtroom that had decided that Leonard Pozner is a crisis actor being paid by George Solos. There are people who post videos with instructions on how to find his apartment,” said Jacob Zimmerman.

 

Not litigating the killings

 

Pozner wanted Fetzer to experience consequences for his actions post-Sandy Hook but didn’t want a trial on whether or not the tragedy was actually a dark state conspiracy.

 

“It’s important to understand the client’s goal,” Genevieve Zimmerman said. “Our client did not want to provide a platform and litigate the issues about whether Sandy Hook happened.”

 

Pozner didn’t even want such a theory to be memorialized in court records, Jacob said. So the lawyers confined the lawsuit to four statements in the book, all of which alleged that Pozner released a false death certificate of Noah’s death. That’s a crime in Connecticut.

 

There could have been so much more, but that’s not what Pozner wanted. They had pled a claim for punitive damages but decided to drop it because Pozner didn’t want Fetzer’s state of mind and subjective belief in his theories to come into play. “We didn’t want a trial about whether Fetzer believed this,” Genevieve said.

 

Pozner did not have to show that Fetzer acted with actual malice, which the lawyers think would have been easy, because he dropped his claim that Pozner was a public figure.

 

The trial also was constricted in a good way for Pozner by Judge Frank Remington’s order granting summary judgment on the liability prong of the defamation claim. Although that frustrated Fetzer by denying him an opportunity to claim he was telling the truth, it limited the testimony to damages.

 

Chronic PTSD

 

The crux of the damages claim was that Pozner has post-traumatic stress disorder that is exacerbated by a secondary injury, such as the trauma caused by harassment and vilification.

 

“We could see that with Mr. Pozner. He did get better and then these comments came out and he just went downhill again,” Jacob said.

 

The PTSD makes it more difficult to do everyday tasks and impacts cognition, Jacob said. It is now considered chronic and it’s unlikely he will make a full recovery. His expert went through the Diagnostic and Statistical Manual of Mental Disorders (DSM5) which includes PTSD and ticked off Pozner’s symptoms, supporting the diagnosis.

 

The nature of PTSD is that it is hard to assign a dollar figure to it, so in her closing argument, Genevieve didn’t try. The jury came up with the $450,000.00 figure on its own, after Genevieve told them, “I wish I could provide you with a receipt.”

 

There is a difference between PTSD and grief, Jacob said. PTSD is a defined psychiatric illness in the DSM 5. According to the American Psychiatric Association, “People with PTSD have intense, disturbing thoughts and feelings related to their experience that last long after the traumatic event has ended. They may relive the event through flashbacks or nightmares; they may feel sadness, fear or anger; and they may feel detached or estranged from other people. People with PTSD may avoid situations or people that remind them of the traumatic event, and they may have strong negative reactions to something as ordinary as a loud noise or an accidental touch.”

 

That happened during Pozner’s trial. “Every now and then something happens and you get goosebumps,” Jacob said. He was sitting with his client in an office in Madison, and it was cold and gray outside. Jacob recalled that Pozner, who moved to Florida, said “I haven’t seen weather like this since I left Connecticut. It’s totally freaking me out. I have a visceral reaction to the color of the leaves on the trees, the feel of cold air.”

 

Going viral

 

Jacob and Genevieve see the court as the place to stop the viral growth of false information on the web and mete out consequences for wrongdoing. “What we do as lawyers is, we prove things,” Genevieve said.

 

They tip their hats to the Meshbesher firm and Quarles & Brady. One of that firm’s associates cross-examined Fetzer. “We were associates and we remember how much it meant to get opportunities. For her to do a cross in front of a jury was a big deal,” Jacob said.

 

They also have heartfelt praise for their client. “We both remember vividly the day Sandy Hook happened,” said Jacob. “We have young kids about the same age [as the victims]. I cannot imagine the hardship of losing a child and then being harassed and attacked and vilified forever afterward by people who claim you’re in on it and you son was fake.

 

“I am amazed how brave my client is.”

 

Copyright © 2019 BridgeTower Media. All Rights Reserved.

 

[Author’s note: The above article is reprinted under the fair use doctrine to show how it omits all the real issues in the Pozner v Fetzer lawsuit which is very likely to be overturned on  appeal. This article is followed by other commentary illustrating the obfuscation of the  Barbara L. Jones article in the MINNESOTA LAWYER.].

 

Ron Avery

Commentary by Ronald F. Avery, a past Plaintiff in a Libel Case.

 

Immediately, I was drawn to the Pozner v Fetzer case when I learned a judge granted a summary judgment in favor of the plaintiff. I know how difficult it is to win a libel case. And a summary judgment in favor of a plaintiff is very rare especially in a libel case. After I contacted the defendant, Dr. Fetzer, and read the court documents I realized how empty the shouts of victory were coming from every media outlet in the nation. I hope that when this trial court ruling is overturned that it will also be trumpeted all over the nation on behalf of Dr. Fetzer as it was for Mr. Pozner. I fear it will not.

 

The Zimmerman couple admit in the Barbara L. Jones article above that the lawsuit they filed for Mr. Pozner was limited to four statements published about a death certificate. The so-called “death certificate” was released by Mr. Pozner to another third party that passed it to Dr. Fetzer who then studied it and thought it was “fake,” and published both the copy of the so-called “death certificate” and his notion that it was fake in four different places all basically saying the same thing about one copy of the so-called “death certificate” he was given by the third party.

 

 

The copy of the so-called “death certificate” was obviously incomplete as it did not have a file number on it or the seals and signatures of the state or local authorities. Other things made Dr. Fetzer think it was fake which turned out to be incorrect but regardless, the fact remains that it was a copy of an incomplete death certificate as other copies of death certificates for Noah surfaced at trial that were more complete but that still did not completely match other copies of the death certificate for a Noah Pozner, the alleged son of Leonard Pozner.

 

Obviously, an incomplete death certificate is not a lawful legitimate death certificate that the state or court would recognize to probate a will. Therefore, the so-called “death certificate” was in fact fake. Truth is an absolute defense to libel. Dr. Fetzer was sued only for his four statements calling a copy of one particular so-called “death certificate” a fake, in which he is correct. The case must be overturned and Dr. Fetzer found innocent of the claims. If this case were allowed to stand it would mean there is a new legal standard to apply to documents we find in society in any stage of completion. There are two other documents which were admitted into evidence in this case which should have the same new Pozner Document Rule of Law applied.

 

The first is the FBI Uniform Crime Report for the United States and particularly the state of Connecticut for the year 2012, the year of the alleged “Sandy Hook mass shooting.” This documents reports 10 types of crimes all over the states by city. The report shows that there were zero (0) murders or non-negligent manslaughters in Newtown CN where Sandy Hook is located in the year 2012, the year of the alleged mass shooting in Sandy Hook.

 

Under the new Pozner Document Rule of Law we should not question, doubt or suggest that anyone died at Sandy Hook Elementary at any time in the year 2012 calling into question the nature and legitimacy of any Noah Pozner death certificate claiming he died at Sandy Hook on 12/14/2012. The other document is the FEMA MANUAL FOR SANDY HOOK, which is to be called “Mass Casualty Drill Involving Children Exercise Plan” as so stated on page iii of the said 20 page FEMA document. The date for this exercise is shown on the cover page to be 12/14/2012 the day of the alleged Sandy Hook Elementary mass shooting. Applying the new Pozner Document Rule of Law to this would mean that we cannot and should not believe or suggest or say that FEMA did not hold a mass shooting drill in Sandy Hook on December 14, 2012. What other place in Sandy Hook held a mass shooting drill the same day?

 

 

The only known mass shooting event was at Sandy Hook Elementary. Since we cannot question this document under the new Pozner Document Rule of Law we must ask the question of how Adam Lanza, the alleged Sandy Hook shooter, got past the FEMA agents, firemen, Connecticut Police and medical personnel to shoot 20 students and 6 staff and himself without being stopped. That leaves us with three documents we cannot question under the new Pozner Document Rule of Law. The two federal documents say there was a mass casualty drill going on at Sandy Hook the day of the shooting and that no one was murdered in Sandy Hook the entire year of 2012. And we have the Pozner death certificate which goes against both federal documents. How can we reconcile such a contradiction under the new Pozner Document Rule of Law?

 

This covers the erroneous summary judgment and damage award in this case exposing the absurdity of them and the fact that all these so-called mass media outlets never bothered to look into the real merits of this case but even worse neither did the Minnesota Lawyer Journal. It appears that the legal profession exists only to support mainstream news and its agenda and narrative about all things legal or otherwise. Now for a few comments about the admissions of the Zimmerman lawyer couple representing Leonard Pozner in the above article by Barbara L. Jones. It is amazing that they admit that they limited the lawsuit to the four statements about the “death certificate” so that Dr. Fetzer could not use the court as a platform to prove the Sandy Hook shooting never happened.

 

But what have Pozner and his lawyers done? They have used this absurd summary judgment as a platform to prove that the alleged “Sandy Hook mass shooting” took place and it has been spread all over the world by the mass media as a great victory for the parents of Sandy Hook victims, in hopes that would prove it actually took place. Pozner and his lawyers friends and the other two law firms assisting them have used this lawsuit as a platform to prove in the minds of the people that the alleged “Sandy Hook shooting” actually took place. They are doing what they accuse Dr. Fetzer of trying to do.

 

The truth of this case, however, is that it is entirely irrelevant whether or not a mass shooting took place at Sandy Hook Elementary in 2012. Proving Noah Pozner died at Sandy Hook Elementary on 12/14/2012 by a gun used by Adam Lanza does not make a particular incomplete copy of a death certificate into a copy of a legitimate completed lawful death certificate. And proving that Noah was a real boy and the son of Leonard Pozner and was handled by the coroner and the funeral home director cannot make a copy of an incomplete death certificate into a copy of a completed lawful legitimate death certificate.

 

Dr. Fetzer is not required to prove that the alleged Sandy Hook mass shooting never took place to get out of this lawsuit. All he had to prove was that the copy of the so-called “death certificate” was not legitimate. He provided the affidavits of two document fraud experts who also found the so-called “death certificate” to be fraudulent.

 

Mr. Pozner did not obtain document fraud experts but went about trying to prove that Noah was a real person and that his own name was really Leonard Pozner and that Noah was his real son and that Noah was handled by a Doctor for a cold when he was younger. But that has nothing to do with the lawfulness of the particular copy of a so-called “death certificate” that was obviously incomplete.

 

Mr. Pozner and his lawyers and the mass media have made a huge mountain out of a mole hill which will be leveled to the ground in short order. But I fear we will not hear much about that because it is not in the planned agenda of the mass media cartel to disarm the American people which is against the law of the land and against God’s law of the right of defense against government tyranny and its well armed military.

 

RESOURCES:

 

The Sandy Hook “Pozner v. Fetzer” Lawsuit: The Basic Documents

 

The Sandy Hook “Pozner v. Fetzer” Lawsuit: Even The Yale Daily News Gets it Wrong”

 

 

Support for the James Fetzer Legal Defense Fund may be made via jamesfetzer.com or by writing directly to him at home.
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17 thoughts on “Ron Avery on MINNESOTA LAWYER, “Lawyers help Sandy Hook dad prevail””

  1. A quick read helping to explain Dr. Fetzerr’s plight:..from ZH

    In America, legal counsel is not guaranteed in civil cases the way that it is in criminal cases, and with the sky high costs of lawyers across the country, it is increasingly leading to a two-tiered justice system: those who can afford counsel and those who can’t.

    More and more Americans are now representing themselves, with just one in four civil defendants represented by counsel, according to Bloomberg. This is down from nearly all defendants having lawyers in 1992, according to a 2015 study. The number of litigants without lawyers has risen in the four years since the study, as well.

    An opportunity for justice is the “bedrock” of the American legal system, but pro se litigants up against attorneys are unlikely to win their cases or settle on beneficial terms.

    Trish McAllister, head of the Texas Access to Justice Commission said: “It’s really a crisis. People aren’t able to get into the courts and they’re not able to navigate them once they’re there.”

    Money is the holdup in most cases: litigants simply can’t afford counsel and most attorneys won’t take cases where the payoffs are too small to justify the court appearance. Last year, the Trump administration effectively closed the Justice Department’s Office for Access to Justice, which was set up to provide access to lawyers for all Americans.

    Most civil cases are usually about debt collection, landlord tenant disputes and home foreclosures. Lawyers will build their cases around litigants inexperience and inability to hire competent counsel.

    Terry Lawson, a legal aid attorney in Missouri said: “These guys know they’re going to win. Their hope of hopes is that nobody will go get lawyers.”

    And it’s not always about winning or losing in civil cases. Silvana Naguib, an attorney at Public Counsel, a California pro bono legal firm commented: “Lawyers can help negotiate better settlements. There’s a stark difference between the agreements signed by self-representing litigants versus what [I get] for clients.”

    Courts have very little mercy for litigants who represent themselves. Some offer resources like volunteers and online forms, but judges are required to hold pro se litigants to the same standard as those with counsel.

    Linda Leyva lost her home to foreclosure last year and said judges could be “perplexing”. In 2017, a court rejected her motion for a continuance so she could further prepare her case and, a month later, it approved the other side’s continuance motion so the lawyer could take a vacation.

    There are still ongoing efforts to help litigants who can’t afford counsel, however. An organization called Civil Gideon is trying to expand the right to counsel to cover certain civil disputes. They were backed by the American Bar Association in 2006, but there remains questions on how the state would pay for the program.

    Attachment

  2. Why the hell didn’t Pozner sue the Oxford ambulance service? They were blocked in at the firehouse and could have been trying to save the bleeding and dying young children. Yet, there they sat all morning. I called them a couple times after this incident and got hung up on. That was enough to convince me this thing was a fraud. Plus the fact that every bit of truth has been, or is being scrubbed from the internet. What a load of bull.

    1. The Roger Stone case was a complete travesty of justice. The  Kavanaugh hearings were an avalanche of lies and no one was prosecuted. Recently Dr. James Fetzer lost a case in another example of judicial tyranny. If you expose the Clinton crimes or the fake Sandy Hoax FEMA drill be prepared to face criminal injustice in America.

  3. “Lawyers possess neither the moral or ethical standards, nor the mental capabilities to lead our nation. In our new America, they must be expressly forbidden from holding any elective office on the federal, state, or local level. Such a prohibition is imperative. For years, many elective and appointed government positions have been the sole province of lawyers. Statutory requirements prohibit people without law degrees from even being considered. If there are positions which only a lawyer can hold, surely we can also define positions for which they are not eligible.
    As human beings, we have the inalienable right to protect ourselves from these inherently evil people, and the trail of devastation and human misery they invariably leave in their wake.”
    Quoted from page 346, “IBM and the Corruption of Justice in America”, Earl Carey, 1992. All Mr. Carey wanted was a simple jury trial on his dispute with the computer giant. He tried every legal means and every legal means failed. He even tried to have federal judges arrested by the FBI! He lists 42 Federal Judges by name and location, from Anchorage to Phoenix, from Pasadena to St. Paul, who blatantly violated the rules and law they took a meaningless oath to follow. These are his carefully considered conclusions after spending four years of his life fighting for his right to a Jury Trial!
    Much the same scenario has happened with the Sandy Hook Hoax and its endless delay by many lying lawyers. Look at the delay by lying lawyers of public records in Connecticut or the delay caused by this lawsuit against Professor James Fetzer, Ph.D., etc. Again these statements do not apply to a very few honest ones like Allison, but unfortunately she is in a minority.
    Justice delayed is justice denied. Or NO justice at all.

    1. “The ultimate goal of the education and training a person receives to become a lawyer is dramatically different from other professions and occupations. A lawyer’s education and training can be more accurately described as an indoctrination into a type of satanic cult. Behavior which a normal human being would consider to be repulsive, evil and cruel, forms the standard operating procedures in the daily life of a lawyer. The normal human emotions and traits such as conscience, honesty and honor, and integrity are completely obliterated. An insatiable greed and a blind allegiance in the preservation of the corrupt legal profession take their place. To lie, cheat and steal become second nature and instinctive. Lawyers suffer no remorse for their actions. They have no sympathy for their victims.”
      Quoted from IBM and the Corruption of Justice in America” by Earl Carey, pp. 330-331.

      1. “Utopia is an imaginary island described as having a perfect political and social system. Following is a quote from the book “Utopia” by Sir Thomas Moore:
        “They have no lawyers among them, for they consider them as a sort of people whose profession it is to disguise matters.” Sir Thomas Moore wrote this book in the year 1516.
        “The true character of lawyers is expressed most eloquently in the following quotation by John Keats”:
        “I think we may class the lawyer in the natural history of monsters.”
        The above and more is quoted from the book “IBM and the Corruption of Justice in America” by Earl Carey, Bismarck House, St. Louis, 1992, pages 330-331. Here is a partial quote from the book jacket:
        “In plain , simple English this book takes the reader on a terrifying insider’s tour of the operation of the federal courts, The Department of Justice, and Congress. Smoking gun evidence of horrible crimes is clearly presented. The cast of characters includes over forty federal judges, Senator Biden of the Senate Judiciary Committee, Senators Danforth and Bond of Missouri, Senators DeConcini and McCain of Arizona, the Attorney General and numerous FBI personnel among others….”
        Posted by Winfield J. Abbe, Pasadena High School, California, 1956, A.B. Physics, UC Berkeley, 1961, M.S., Physics, California State University at Los Angeles, 1962, Ph.D., Physics UC Riverside, 1966. My late parents both graduated from the University of Minnesota, she in English and he in Mechanical Engineering, 1936. If they were still alive they would be ashamed of the nonsensical actions of these obviously poorly educated lawyers from the University of Minnesota today where evidently the standards have dramatically dropped.

        1. My late loving Mother, Helga Marie Paulsen Abbe, was born at St. Paul, Minnesota to two fabulous immigrant parents from Norway and Denmark who lived at 1595 Blair Ave. near Snelling in St. Paul. She graduated in English from the University of Minnesota. Following graduation she earned a Master’s degree in Library Science from the University of Wisconsin, Madison. After raising her family of four children, two daughters and two sons, she worked as a Children’s Librarian at the Los Angeles County Library until retirement. She loved working there and would do anything possible to help kids find information they sought. If she were alive today she would be appalled at the despicable actions of the corrupt lying Judge Remington in this case . So would my late very honest and intelligent Father. I also believe if the distinguished Father of Judge Remington were alive today to witness his own son’s despicable conduct in this trial, he would disown his own son! Shame, shame, shame…on you Judge Remington. You should be removed from your position pronto!
          Winfield J. Abbe, Ph.D., Physics, first son of Helga and Charles Abbe, born February 27, 1939 at Lutheran Hospital, Cleveland, Ohio, raised at Sierra Madre, California 1943-1966.
          Age 80+ years.

  4. Another tough read for me, guys. Even tougher the watching a couple minutes of impeachment “testimony”. They keep talking about Ukranian government corruption like ours is as pure as the driven snow. What’s happening while this Sandy Hook doubter witch hunt charade is happening ? World war three is raging across Earth’s realm. It’s not one country against another, it’s a war on humanity through directed energy fires, geo-engineered flood and destroying the biosphere with chemicals sprayed daily. This engineered population displacement lines up perfectly with Agenda 21 and 2030 and still so few see what’s happening. Have you taken a look at Australia’s fires? The houses turned to dust surrounded by untouched trees just like everywhere else. I am starting to think there really is a mind control beam blinding people to what’s going on.

  5. This is in CA about 25 years ago. I was walking down my street and a cop car was parked by the curb. I mentioned to the cop in his car that drugs were being sold in the house I pointed to. He laughed at me.

    Another cop told me that if someone tries to rob my store and you have a gun, make sure you kill them.

    In the USA there is no one to complain to. Corruption is pervasive. Law and order you ask? Forget it.

    1. To follow up. When a nation has reached the point at which the courts are not used to address grievances, but instead are used to further agendas, where do we go for justice?

      We need a People’s Court. I’m serious. Why not create a movie which is predominantly a courtroom scene in which we present our grievances as We the People. Those watching the movie are the jury.

      C’mon all you independent film makers and screen writers….use that creativity!

    2. Just remarkable that this article on ZH has thus far received 90+ comments. Write an article about Trump’s latest tweet or Biden wiping his behind and you’ll get 1000’s of comments…..are our priorities whacked out or what?

  6. Thank you, Ron Avery.

    Every American with a shred of true patriotism should read this article carefully and make a donation to Dr. Fetzer’s legal defense fund.

    Such a donation is infinitely more important and meaningful than any other investment in “winning” performing stocks and bonds these fake days of our once great nation or any expenditure for Jeff Bezos / George Soros type retailers who have the exact same business model and goals for the democratic republic of the United States of America and its citizens — a One World Death and Slavery System for All.

    A donation is a personal stand for truth and the rule of law,

    and having done all, we will stand.

    Go to JamesFetzer.com

    or make a digital donation at

    https://charity-international.square.site/product/james-fetzer/4?cs=true

  7. Here is the keystone of this case…..”If this case were allowed to stand it would mean there is a new legal standard to apply to documents we find in society in any stage of completion. There are two other documents which were admitted into evidence in this case which should have the same new Pozner Document Rule of Law applied.”

    That means that, if allowed to stand, that lacking, defective and uncompleted vital documents are OK. What total madness.

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