Judge Tosses Brettman-Schuster Defamation Case against Franks, et al

Kane County Judge Kevin Busch ruled Wednesday afternoon in favor of a motion to dismiss the defmation suit filed by former District 6 Republican McHenry County Board candidates Orville Brettman and Ersel Schuster.

The two, subject to hard-htting negative mailings by allies of McHenry County Board Chairman Jack Franks, sued Franks and others identified as being involved with the so-called Illinois Integrity Fund for defamation.

Both Orville Brettman’s and Ersel Schuster’s faces appear on this mailing.

The judge dismissed the case based on a motion by defense attorney Natalie Harris under the Citizen Participation Act, also known as the Strategic Lawsute Against Public Participation (SLAPP), a law ironically, passed early in Franks’ legislative career to protect re-zoning objectors in Richmond.

Judge Busch said he believed the uncertified Cook County Grand Jury testimony quoting Brettman, some of which were printed in campaign hit piecs were “truthful.”

And he explained that with regard to Schuster that her campaign was “inextricably tied to Mr. Brettman’s and they are political partnets.”

The comment on McHenry County Blog which Franks asked the Lakewood Village Police to pursue was found to be a “threat [that] could only be interpreted as a person offering to obtain a hit man.”

It was “appropriate to characterize it as a death threat…referencing Mr. Franks.”

The comment was posted by Schuster’s husband Ed.

After the dicision was rendered, Harris asked for permission to file a motion for legal and court fees.

Judge Busch said he would hear such a motion on Septembeer 19th at 1:30.


Comments

Judge Tosses Brettman-Schuster Defamation Case against Franks, et al — 28 Comments

  1. Please join the entire McHenry County sunshine blog readership,(a McHenry County journalistic institution), the entire racist membership of the terrorist right wing legion of justice, and Klaatu Barada Nikto (a McHenry County favorite) as we mourn this infamous and terrible decision coming down from the Kane County court. Had this judge been educated under the wonderful political and social analysis provided to the masses for free on this sunshine blog, I assure you the decision had been different. This is a sad day for our forever rural county, our state, and our nation. Wait a minute, I see a silver lining in the horizon…the 2% army never quits. Remember, America is the greatest country in the United States. Stay tuned…tic, tock, tic, tock, tic, tock, tic, tock…

  2. As Trump found out, it is very difficult to ‘drain the swamp’ when the courts are part of the ‘swamp’.

    This judge actually gave Franks (sorry, IIF’s) attorney advice on how to proceed a couple of weeks ago.

    This statement by the judge “It was “appropriate to characterize it as a death threat” gave away his membership in ‘the swamp’ imho.

    No sane, untainted, person would have ever considered the comment made on this blog an actual ‘threat’ – again I will state IMHO because the lawyers (that would include the judges) have circled the wagons.

    It has been absolutely proven in court that IIF violated State campaign finance law but in the legal community – crickets!..

  3. It is nothing but very appropriate to bring our sexual-assaulter-in-chief, mr. diaper tronald dump to the discussion. Quoting our 73-year old orange manchild: “Who needs the courts”. Stay tuned…tic, tock, tic, tock, tic, tock, meeeeeeoooooooowwwwwwwwwwww

  4. This decision is a spectacular no lose situation for the plaintiffs.

    Win the case and trumpet a vindication of their honor.

    Lose the case and it offers precedent for anything goes political races.

    There once was an appearance of law and rules in Illinois political races for the masses even if those operating knew there wasn’t.

    Now comes this judge to peel back this razor thin veneer to reveal the truly ugly nature of win at all costs politics.

    Oh the fun this decision now openly allows….

  5. Here is what is not fake news or part of the swamp.

    Dismissed under the merits of SLAPP.

    Orville and Schuster are on the hook for all attorneys’ fees and court costs.

  6. “Lose the case and it offers precedent for anything goes political races. ”

    As usual, Priest is correct.

    Many of you are familiar with the term “deep fake”.

    How about a video of a democrat candidate for Congress mouthing the words: “I support killing babies!”?

    Based on what this judge stated, would that be a problem?

    Oh! I forgot.

    You need to set up a fake company name and ghost fund it first but never report the expense to the State.

  7. Justice or ‘just us.’

    Once again, the stinking swamp comes through with an imported judge to handle the hot potato and allow Franks to gloat.

  8. Last line of NWH story:

    “Harris and Tirio’s attorney, Philip Prossnitz, are scheduled to give oral arguments before an appellate court Aug. 27.”

  9. Don’t others still have lawsuits against the IIF?

    Tirio?

    Rein?

    Wheeler?

  10. @Priest:

    Old friend, try not to give the whole game away.

    He’s just getting started.

  11. Michael Rein has a lawsuit against llF….

    Keep that one out of the Coroners office…please!

    That position needs someone like Dr Majewski who used kind reasoning…not lawsuits!

  12. The judge went to Eastern Illinois University and John Marshall Law School.

    It’s a pretty safe bet that he’s not a candidate for membership in MENSA.

  13. Any competent attorney advancing a Defamation lawsuit must consider overcoming a CPA motion.

    Everything about this case suggests Bishop jumped in feet first with no game plan to overcome the sure to be filed CPA motion.

    Fortunately for Orville and Ersel the fee provision is limited to the CPA motion not the lawsuit.

    But they will pay nonetheless.

  14. Lawsuit was a joke and never going anywhere.

    The whole purpose was to It out the author of the mailing.

    After that was done, this case was getting tossed.

  15. Brettman and Schuster now they have to pay ALL the legal fees and costs?!

    Probably going to be huge!

    Wheeler and Rein are next…

    They will go down just as hard.

    Then ‘Crooked’ Joe, who started all this.

    The same Joe Tirio who was found to have not told the truth to the state board of elections and has been fined multiple times.

    He’s probably is going down the hardest!

  16. Teehee.

    Nothing to give away.

    The people behind this are scarred veterans of the wars.

    They honestly could care less what happens in this case.

    They will continue to operate with impunity and continue to think the populace at large are so stupid they’ll swallow anything handed them.

    We hope this isn’t true.

    Buuuuuut…. If it is, oh boy are we looking forward to the weapons free politicking allowed under this judges decision!!

  17. Last paragraph in todays NWH:

    “The party has hit rock bottom with losers like Brettman, Schuster and Tirio, too,” McSweeney said.

    “These are extremists who absolutely do not represent the Republican Party …”

  18. The judge states the law – truth is an absolute defense in a defamation case.

    The mailing was true.

    Brettman never had a case but he exposed the author.

    That’s a win for him.

  19. This ought to be appealed to a higher court. Also, what about use of the U.S. mail with a phony return address on the mailers? Was that an attempt to deceive the public, all of the citizens in McHenry County who received these flyers?

    Also, the judge said that “some” of the content in the flyers was true. What about the rest of the content? If the other was not true, but false, is that defamation?

  20. Point taken, Oh, with a small caveat.

    The judge opined about the arguments and ruled.

    The judge did not state “the law” as his judgement is being appealed.

    Nor was the mailing found to be “true” as his opinion was the Grand Jury quotes were “truthful”.

    Statements taken out of context and parsed are in fact statements made, yes, so the quotes were in the Grand Jury testimony.

    Did the parsed quotes have the benefit of being a full representation of the context?

    Of course not.

    If anything we know the legal profession has nothing whatsoever to do with “the truth” but more to do with power, influence and, to a much lesser extent, the arguments presented.

    Today we learn this particular judge is very reasonable and normal inasmuch as he’d like to continue his career in a ruthlessly political State run by people who would be disappointed if he had ruled differently.

    We are neither surprised nor saddened by his findings.

    We are, as you stated, overjoyed at what this entire process has revealed to date and what his opinion offers us in freedom to operate.

    For instance, Jack Frank’s has not publicly announced his marriage is sexually “open”, ala Will and Jada Smith, so all of his sexual liaisons with men would be betrayals of his wife and marriage.

    This could be loudly trumpeted in the next election cycle to Jack’s potential detriment as people don’t care who anyone has sex with but people do dislike betrayal of innocent partners.

    Jack would squeal like a stuck pig if this were put on a mailer and sent out as the information is hearsay rumor mill speculation in Springfield.

    Would any of this be found “truthful” by the measure of this judge’s opinion?

    Possibly.

    Is it ethical?

    This judge could care less about whether his definition of “truthful” is tied to any ethic.

    Would the author of such a hit piece get away with it in the next election?

    Absolutely.

    By both this judges definition and because any retraction would come so long after the election cycle it wouldn’t matter.

    Should ethics matter in cases of mischief like what IIF did?

    That’s a good question.

    We’d sure love to promote the rumor Jack loves boy toys in Springfield which this judge allows.

    We’ll watch the next steps with interest but this judge sure has made dirty politics far more openly practicable.

  21. I’ve jotted down Priest’s impressions in my creative writing notebook and I’ll soon workshop them, into a Jack Franks, 200 pound ball of chewed bubble gum.

  22. —sad result. Franks and his Daddy must be doing jigs.

    I hope that’s not considered by the Jackaroo to be yet another ‘anti-semitic slur’ so he can pull out his jewish race card as a permanent victim.

  23. Jack Franks is dirty pool, first and foremost.

    Did his Papa pull some strings?

    OF COURSE HE DID!

    Why did Judge McIntyre flack for him all the time?

  24. (Notes to self continued).

    No drinks when reading DJ’s comments.

    No taking a bite of a whopper while reading DJ’s comments…

    Do you have any idea how uncomfortable fast food lettuce up the nose backward can be DJ?

    (Dadgum hilarious comments… )

  25. Only in this sunshine blog, a dismissal of your lawsuit is considered a great victory. Keep the laughs coming; the compassionate conservative parallel universe keeps us entertained. Stay tuned…tic, tock, tic, tock, tic, tock, meeeeeeoooooooowwwwwwwwwwww…

  26. This country always had the best judges money could buy. Look at Chmiel, the Miller stooge.

  27. Septembeer? Sounds like there is a lot of fun in that courtroom; or perhaps a lot of air in my sunshine blogger’s head. Where is the sunshine grammar patrol when you need one…? Stay tuned…tic, tock, tic, tock, tic, tock, meeeeeeoooooooowwwwwwwwwwww…

Leave a Reply

Your email address will not be published. Required fields are marked *