With my authorization, William Sumner Scott, one of the two attorneys representing me before the Wisconsin Supreme Court–where my Petition (Document #68 in Ron Avery’s Archive) lays out the grounds for my appeal–has discovered that the Bushmaster Sandy Hook Settlement appears to be proceeding in Connecticut without considering whether or not anyone died at Sandy Hook. One of the claimants in the CT case is Leonard Pozner, the same person who sued me in Wisconsin for defamation. Instead, my WI case, which resulted in two judgements against me for a total of $1.1m, was a claim for defamation, which was resolved on a Motion for Summary Judgment. Remarkably, I was not allowed to present my defense that this was a FEMA Drill posed as mass murder to promote gun control. A portion of my WI case is now on appeal to the Wisconsin Supreme Court.
As my Petition to that Court explains, the question of did anyone die at Sandy Hook has never been subject to a judicial determination. The courts in my WI case and in the Soto v Bushmaster case have asserted not only did 6 adults and 20 children die, but in Soto the CT Supreme Court claimed that Adam Lanza absolutely did it. That conclusion is without merit as the Soto case appeal concerned a preliminary motion to strike the complaint rather than on the question did Sandy Hook occur and who did it.
The WI circuit court, nonetheless, declared that no one could believe that Sandy Hook did not occur as reported. (App. at 67.) The court’s surmise, however, is not a proper basis for decision, nor otherwise does it make Fetzer’s evidence incredible as a matter of law, meaning “such as being in conflict with the uniform course of nature or with fully established or conceded facts.” State v. King, 187 Wis. 2d 548, 562, 523 N.W. 2d 159 (Ct. App. 1994). The court did not even read my book, Nobody Died at Sandy Hook: It was a FEMA Drill to Promote Gun Control (2015; 2nd ed., 2016), before dismissing it as irrelevant. Nor did the Court consider that my objections to the Pozner uncertified death certificate presented a question of fact that was required to be presented to a jury.
The Court of Appeals makes similar unsupported statements of fact. Although res judicata is not specifically mentioned, the Court cites two cases implying that whether nobody died at Sandy Hook has been finally decided in other legal actions. Jones v. Heslin, No. 03- 19-00811-CV-2020 WL 1452025, at *1 and *4 (Tex. Ct. App. 2020) and Soto v. Bushmaster, 202 A.2d 262 (2019).) No attempt to prove that nobody died at Sandy Hook was made in either case, and quotes that people died at Sandy Hook from those cases constitute non-binding dicta in my WI case.
Here is my attorney’s letter to the insurance carriers and other key players in this legally and morally indefensible Bushmaster settlement process in the Soto case, which ought to be vitiated by reviewing the evidence that nobody died at Sandy Hook published in my book, which has thirteen (13) contributors, including six (6) current or retired Ph.D. professors.
In reliance upon the facts in my book, his interview of me, and other due diligence, my lawyer sent the following letter by email:
To: two Remington insurance carriers, Soto defense attorneys, and attorneys representing the Bushmaster interested parties in the Remington bankruptcy:
Bushmaster filed an appeal in the Connecticut Supreme Court case reported at 331 Conn 53 (conn 2019), 203 A. 3 rd 262 that resulted in an opinion that concluded at Section VI:
“On December 14, 2012, twenty year old Adam Lanza forced his way into Sandy Hook Elementary School in Newtown and, during the course of 264 seconds, fatally shot twenty first grade children and six staff members, and wounded two other staff members. Lanza carried out this massacre using a Bushmaster XM15-E2S semiautomatic rifle that was allegedly manufactured, distributed, and ultimately sold to Lanza’s mother by the various defendants’ in this case. There is no doubt that Lanza was directly and primarily responsible for this appalling series of crimes.”
James H. Fetzer, Ph.D. takes issue with the conclusion that Sandy Hook occurred.
The above cited conclusion in the Conn Supreme Court opinion combined with the decision by Bushmaster, et al, with the approval of its insurance carriers and the Remington bankruptcy debtor in possession to offer to settle the D’Avino, Barden, Hockley, Lewis, Pozner, Rosseau, Sherlach, Soto, and Wheeler claims for $3,660,000 each (total $32,940,000) have allowed the case to be cited as authority for the legal determination that the Sandy Hook massacre actually happened when no decision on the merits of the Soto claims have been made. As you most likely know, the offers to settle were made before the Bushmaster defendants filed an answer and have taken discovery on the merits. The offers to settle are sufficiently premature to be classified a travesty of justice.
Nobody Died at Sandy Hook, it was a FEMA drill to promote gun control. See book by that title authored and edited by Dr. Fetzer and Mike Palecek, ISBN 978-0-692-94417-1 (copyright 2016 – Moon Rock Books).
Dr. Fetzer offers to be a consultant to the Bushmaster defense team in the Soto case currently pending before the Connecticut Supreme Court at case number uwy-cv-15-6050025-s, complex litigation docket, judicial district Waterbury, to help put an end to the sham being committed upon the American people, particularly their legal system, the Second Amendment, and the gun industry.
William Sumner Scott, J. D.Attorney at Law8 Lombardy StreetSuite 129Newark, NJ 07102
908 294 5363
My understanding is that, in cases of alleged defamation, truth is an absolute defense. What this means–as William Sumner Scott’s letter concisely conveys–is that a $33,000,000 settlement is now in the works in Connecticut, where none of the Defendants has made the least effort to ascertain whether or not anybody died at Sandy Hook.
The Bushmaster settlement offers must be withdrawn, and the case allowed to proceed on the question, did anybody die at Sandy Hook.
Jim Fetzer, a former Marine Corps officer, is McKnight Professor Emeritus on the Duluth Campus of the University of Minnesota Duluth and co-founder of moonrockbooks.com.