HARTFORD, Conn. _ The Connecticut Supreme Court Thursday will hear an appeal of a superior court judge's ruling that that sanctioned internet radio host Alex Jones by preventing him from taking advantage of a special law to dismiss a lawsuit filed by Sandy Hook Elementary School families against Jones.
Bridgeport Superior Court Judge Barbara Bellis sanctioned Jones after a June 18 hearing in which she concluded that Jones' incendiary tirade on his webcast against Christopher Mattei, a lawyer representing the Sandy Hook families, was "an intentional, calculated act of rage for his viewing audience" and that Jones made threats toward Mattei.
The court could overturn Bellis' ruling and restore Jones' right to possibly have the case dismissed or could agree with her and leave the sanctions in place.
In his televised rant, Jones revealed that child pornography was contained in emails he provided to the plaintiffs in the lawsuit and accused Mattei and his law firm, Koskoff, Koskoff & Bieder, of planting the images. The FBI investigated and said the child pornography was sent to Jones from outside his organization and that no one opened or viewed the images. The images were transferred from Jones to Mattei's law firm as part of the disclosure process in the civil lawsuit.
Koskoff, Koskoff & Beider asked for the emergency hearing and revealed the firm had received threats and had hired a police officer to stand guard in the law firm's lobby. Bellis also filed a notice that she had been informed by state police that she was the target of threats by people who posted to Jones' website.
Bellis barred Jones and his co-defendants from using a relatively new Connecticut law that provides for an expedited means of seeking a dismissal of lawsuits that target parties for exercising their rights to free speech in connection with matters of public concern. She also ordered that Jones pay for any legal fees associated with the child pornography.
In his 10-page appeal to the Supreme Court, Norm Pattis, lawyer for Jones, argued that the penalty was too harsh, because it "effectively imposes a death penalty" on Jones' right to pursue a special motion to dismiss under the new law. The new law, Pattis writes, "was designed to enhance the freedom of the press, amplifying protected speech like a bullhorn; but in Bellis' hands, that bullhorn had become a muzzle."
Normally the Supreme Court doesn't take appeals on cases until they have been completely adjudicated. Pattis filed what is called a public interest appeal arguing that the issue was important enough for the court to hear arguments on it in the middle of the case. The ruling will in effect halt the civil case in front of Bellis.
Some Sandy Hook families and first responders have sued Jones for claiming the attack on Sandy Hook Elementary School that claimed the lives of 20 first graders and six educators was a hoax, and argue that he profited by spreading the hoax claim. The lawsuit accuses Jones of orchestrating a sustained attack on the families that lasted for years, accusing family members of being actors, stating as fact the shooting was a hoax and inciting others to act on those claims all because it was good for his ratings, drew advertisers and made him money.
During a June 13 broadcast on his Infowars internet program, Jones talked about how the child pornography had been planted on his computer servers and offered a $1 million reward for information leading to who had done it.
He then exploded with an expletive-filled tirade repeatedly mentioned Mattei.
"What nice people. Chris Mattei. Chris Mattei," Jones said on the air, pounding a picture of Mattei with his fist. "Let's zoom in on Chris Mattei. Oh, nice little Chris Mattei. What a good American. What a good boy. You think you'll put on me, what ... I'm gonna kill ... Anyway, I'm done! Total war! You want it, you got it!"
