Wednesday, November 5, 2008

Just checkin' in.....

Been really busy lately. However, Kari’s family is always on my mind and heart. Didn’t see it but I heard that Channel 25 ran a short news blip last week about….. not really sure what it was about actually…. Is Matt Baker’s new attorney counter-suing the Dulins for defamation of character? What is the new attorney’s name? Richard Ellison? No other station ran the story and it only ran once, from what I heard. Kind of odd, if you ask me.

Hmmm…Mr. Baker, all that public notoriety you have been seeking may not be good for a defamation case. Just sayin'.
And then, there is the truth….. you know.....again, just sayin'.

Public Figures
Under the First Amendment of the United States Constitution, as set forth by the U.S. Supreme Court in the 1964 Case, New York Times v Sullivan, where a public figure attempts to bring an action for defamation, the public figure must prove an additional element: That the statement was made with "actual malice." In translation, that means that the person making the statement knew the statement to be false, or issued the statement with reckless disregard as to its truth. For example, Ariel Sharon sued Time Magazine over allegations of his conduct relating to the massacres at the Sabra and Shatila refugee camps. Although the jury concluded that the Time story included false allegations, they found that Time had not acted with "actual malice" and did not award any damages.

The concept of the "public figure" is broader than celebrities and politicians. A person can become an "involuntary public figure" as the result of publicity, even though that person did not want or invite the public attention. For example, people accused of high profile crimes may be unable to pursue actions for defamation…… on the basis that the notoriety associated with the case and the accusations against them turned them into involuntary public figures.
Source: http://www.expertlaw.com/library/personal_injury/defamation.html

Sadie sent the following encouragement:
Thanks, SadieJ.

We are troubled on every side, yet not distressed; we are perplexed, but not in
despair; Persecuted, but not forsaken; cast down, but not destroyed ...
(2 Cor. 4:8-9 KJV)

And from Emily Dickinson:
Hope is the thing with feathers,
That perches in the soul,
And sings the song Without the words,
And never stops at all...



Yep, still here. Sometimes life gets in the way but I am still here. I am going to be here for the long haul supporting Kari’s family. Supporting my son’s teacher. The long haul. And I am far, far, far from being alone in this.

5 comments:

Anonymous said...

Been wondering where you were. Glad you are fine. What a crazy guy.I will leave it up for speculation about what guy I mean. lol. Come on! It ain't defamation if it is the truth.

Has a trial date been set? It is time for justice.
Suzie

Anonymous said...

We are lined up in support for Kari's family.
KB

Anonymous said...

Shannon --

In my own humble opinion ...

Matt Baker's insinuation that the Dulins -- who along with their daughter and granddaughters, have been so tragically wronged in this case -- are acting maliciously or falsely ... is a far worse offense than that of defamation.

In my own humble opinion ...

If he is trying to claim that his character has been defamed simply because they are standing by their evidence, speaking out and pursuing justice in their beloved Kari's death, he could not be further from the truth.

In my own humble opinion ...

Matt Baker has done plenty enough to defame his own character. Let him sue ABC, CBS, Texas Monthly, the Waco Tribune, all the crime blogs and boards on the Internet, the Hewitt Police, the District Attorney, his former employers and parishioners and neighbors and victims for speaking the truth against him...

In my own humble opinion ...

Matt Baker's character has in no way been defamed by the Dulins. No, rather "defamation of character" is what Matt appears to have systematically and maliciously attempted to carry out against Kari, the mother of his children, after her death, by speaking ill and falsely about her all around Waco and Kerrville, and in the local, state, and national media.

In my own humble opinion...

That single, fleeting news report about a possible defamation action, whether accurate or not, certainly doesn't do anything to make Matt Baker's character look any better! Shame on him.

All in my own humble opinion, of course.

Glad you are in this "for the long haul," Shannon. Your light shines brightly in the quest for justice, not just in Waco, but all around the world apparently! Thank you for everything you do.

Bless you and bless the Dulins and their granddaughters...and the beautiful memory of Kari.

~Sadie~

Anonymous said...

Sounds like desperation to me! If true, it is just another vain attempt for this desperate soul to deflect the truth in this case, but more importantly the truth about himself. So...Once again, he must play the role of the victim. Desperate times call for desperate measures and I'm sure he realizes time is running out.

Anonymous said...

ROTFL!!!!! If a certain person did take another certain person's life, you can't claim DEFAMATION of character. YOU CLAIM MURDER.
No names mentioned. I don't want to defame anyone. AGAIN....ROTFL.