Maine Man Appeals Haiti Defamation Verdict

Paul Kendrick
Maine man, Paul Kendrick, accused Haiti orphanage founder Michael Geilenfeld of molesting boys, and now he is appealing a defamation verdict. Kendrick accused Geilenfeld of being a serial pedophile. However, Geilenfeld has denied these allegations and sued Kendrick for defamation. In July, a federal jury awarded $7 million to Geilenfeld and $7.5 to a North Carolina based charity.

Kendrick's attorneys are saying that Geilenfeld didn't have jurisdiction to sue in federal court because he was living outside of the United States when he filed his complaint. The appeal also argues that his testimony was key to damages awarded to the North Carolina based charity.

The abuse allegations have not gone away, and police are still investigating in Haiti.

Comments from Allen:  People read bad things about other people so often, they often repeat these bad things and commit defamation of character, in the form of libel or slander.  Newpapers can get away with printing bad things about people unless they print negative stories "with malice," which usually means the writer or editor knows or should know the story is false and derogatory.  Certain people are immune from suits for either form of defamation, such as a witness testifying under oath in court, or a member of congress speaking from the floor of the House.

Slander is generally a derogatory statement one person says about another person.  Libel is generally a derogatory statement one writes about another person.  If you have been slandered, you usually must prove actual damages to sue.  If you have been libeled, you do not.  The difference is that written defamations are expected to reach many people, and spoken defamations are expected to be confined to the immediate listening audience, thus less damage is anticipated.

In this case, according to Kendrick, he spoke with actual victims of sexual abuse, who outlined specifically what had happened to them at the hands of Mr. Geilenfeld.  Kendrick got in trouble when he embarked on a crusade to prevent this from happening to others by repeating what he says he was told by the victims.

Michael Geilenfeld
Had Kendrick been the New York Times, and had he properly documented the allegations made to him, he might have published those allegations without any liability.  However, he was not a news outlet.  The statements he made about Geilenfeld were clearly defamatory and published in written form to a large number of people, for the purpose of preventing those people from donating to Mr. Geilenfeld's charity.

All of this adds up to one massive lawsuit waiting to happen.  Kendrick was sued, and when he went to the accusers to prove the truth of the statements he made about Geilenfeld, the accusers would not speak.  Since Kendrick's only defense to the libel suit was that the statements were in fact true, not that someone told him they were true, he lost, and he lost big.

Kendrick is now appealing the massive verdict on procedural grounds, that Geilenfeld brought his case in the wrong forum, because he was not living in the United States when he filed suit.

In other news about this matter, all of the statements made by Kendrick caught the attention of the police in Haiti, who initiated an investigation.  When the investigation began, the witnesses refused to make statements.  At this time, however, some have come forward to talk to the police.

This means Geilenfeld is not out of trouble yet, as the Haiti police have not closed their criminal  investigation.  It is probably too late to save Kendrick from the $14.5 million in defamation judgments against him, though.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:
http://abcnews.go.com/US/wireStory/man-accused-orphanage-founder-appeals-defamation-verdict-36242983

http://www.pressherald.com/2016/01/12/paul-kendrick-who-accused-haitian-orphanage-founder-appeals-defamation-verdict/

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