Bobby Lee Cook Dismisses Law Suit Against RomeNewsByWatson.com
Bobby Lee Cook Dismisses Case Against RomeNewsByWatson.com
December 18, 2007
Although we are sure that we have not heard the last from Bobby Lee Cook, a Clerk at the Floyd County Courthouse has confirmed that Bobby Lee Cook has dismissed the suit against RomeNewsByWatson.com, corporately, and Teresa Watson, individually.
Bobby Lee Cook, Rex Abernathy and Jon Dennis filed a suit on behalf of Brenda and Ed Hammitt last week, after a readers posted a comment on a Feature Story on the RomeNewsByWatson.com website.
Cook and his cohorts filed the suit, alleging libel, but did so without serving the Georgia Code Required 7-Day Demand Letter, asking for a retraction. They also neglected to file a Special Affidavit required by federal and state law on issues of Free Speech and Public Participation.
Anti-SLAPP, (Strategic Litigation Against Public Participation), laws require that affidavits be signed by both the Plaintiffs as well as their lawyers, swearing that the litigation they are filing does not impede or attempt to stifle or suppress Free Speech or other first Amendment Rights. The affidavits have to be filed either contemporaneously with the filing of the suit, or an amendment must be filed to the original suit within the first 10 days after filing of the suit.
Cook, Abernathy and Dennis neglected to sign such affidavits, or to have their clients sign such affidavits within the legal time limit.
Additionally, much in the Georgia Code on defamation litigation, found in O.C.G.A. Chapter 5 of the title 51, make it clear that news organizations, corporately, nor the owners of the news organizations personally, can be held liable for anything someone else says or writes.
But the most overwhelming protection is found in Title 47, Chapter 230 of the United States Code, which speak directly to websites, and the comments posted by bloggers.
In case after case through the last ten year, various federal district court have upheld the protections of websites to which persons post comments and blogs.
This is a sure coups for FREE SPEECH and a FREE Press everywhere.
But Watson still must appear on Friday in Chattooga County, to be forced to answer questions in a deposition for a case which she knows nothing about. Bobby Lee Cook used the law suit of his client, Janice Galloway, to draw Watson into his territory, to grill her on issues wholly unrelated to Ms. Galloway’s law suit against the Mayor of Lyerly. Cook is using the law suit, illegally, to try to harass Ms. Watson, who has been engaged in a Feature Story series on the Dixie Mafia in Chattooga County.
Ms. Watson appeared on Friday, December 14, 2007, at Bobby Lee Cook’s office for a deposition, but first filed a Motion to Quash and a Motion for Protective Order in State Court where the case between Galloway and Jones is filed.
Temporary Judge Jerry Westbrook REFUSED to set a hearing on the matter, requiring Watson to attend the deposition, which lasted approximately ten minutes. During the deposition, Mr. Cook tried to ask questions of Watson which had absolutely no relevance to the case for which he had subpoenaed her to be deposed, and rather centered on issues around a confidential e-mail which Cook had intercepted illegally, violating the Federal Omnibus and RICO acts. Watson has been in touch with individual with whom she was communicating, a law enforcement individual, and has received permission from him to initiate a formal criminal complaint with the FBI.
Watson has done so.
But during the deposition on Friday, December 14, 2007, Watson asserted her rights under the Georgia Shield laws, (24-9-30) which protects gatherers of news and information, not just reporters, from having to reveal or discuss their sources and information. Watson also asserted objections which were affirmed by Mayor Chuck Jones’ attorney, per O.C.G.A 9-11-26 and 9-11-30, that the questions were not relevant, and were intended to harass and embarrass the Deponent, Watson, and were being taken in bad faith. All of these issues were raised in Watson’s Motion to Quash and Motion for Protective Order.
While Judge Jerry Westbrook refused to set a hearing to hear Watson’s Motions, he had no problem setting a hearing for Cook’s Motion to Compel Watson to continue the deposition.
During the December 14th deposition, Watson asserted another Georgia Code protection, for instances when the deposing attorney becomes abusive towards the deponent. When Watson kept asserting privileges, and Mayor Jones’ attorney, Steven Farrow, of Minor Bell & Neal in Dalton Georgia, supported her objections, Bobby Lee Cook became so agitated that he called Watson a Vulgar name, referencing her ample décolletage.
In a direct quote form the transcript, Cook said to Watson, “You know, young lady, your problem is you’re to smart for your own good. I’m not –I’m not being examined, Miss Nipples”.
This comment, termed “fighting words” in legal venues across this country, is a criminal act. O.C.G.A 16-11-39 and 16-11-40, identify comments like this as Disorderly Conduct and Criminal Defamation:
O.C.G.A. 16-11-39, which when uttered constitute Disorderly Conduct:
“(3) Without provocation, uses to or of another person in such other person’s presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person’s presence, naturally tend to provoke violent resentment, that is, words commonly called “fighting words”.
This sexual insult also violated 16-11-40. Criminal defamation :
(a) A person commits the offense of criminal defamation when, without a privilege to do so and with intent to defame another, living or dead, he communicates false matter which tends to blacken the memory of one who is dead or which exposes one who is alive to hatred, contempt, or ridicule, and which tends to provoke a breach of the peace.
When Watson called an end to the deposition, she left, but could not locate her keys, and had to go back in to the conference room. At this point, and in front of plenty of witnesses, including Mayor Chuck Jones’ attorney, Steven Farrow and Amye Guinn, the Court Reporter, Cook ordered Watson out of his office. “Get out of my God Damn Office and don’t ever come back, you God Damn Bitch”, again violating the criminal statutes with respect to disorderly conduct and criminal defamation.
Watson has detailed all of this in a complaint to the Bar Association which will be sent today, along with copies to various regional and national news agencies.
Staff Reporter
Comments (21)
TW, it is possible that BLC in conjunction with his obvious partners in the judicial system (term used loosely) in Chattooga, have no desire for you to answer questions; their intent could be to “teach a god damned bitch that we don’t take this in Chattooga County” by putting you in jail. they will also put you there without bond with the stipulation that bond will be set once you answer the questions. I would not expect the sheriff to give you safe or humane accomodations. I would not expect the sheriff to allow you visitors until you have been there for a while.
I have wrriten on here and other sites, when people accuse cops of sticking together in the “blue line” that they ain’t seen NOTHING until they watch lawyers band together when their “profession” is attacked.
I just want you to know what you’re walking in to when you go up there Friday. A judge who wouldn’t issue a legal hearing to you, but would issue a legal hearing to bobby cook. A judge who will probably listen to nothing you say regardless of the statutes or the legal precedent. What’s the worst that could happen to him? In Chattooga? Nothing.
If you’re unable to acquire legal counsel before Friday, I implore you to at least carry as many members of the press as you can muster.
I feel sorry for you, for what you are about to step off in is equivalent to a criminal defendant going to trial where the judge and jury is made up of the same police officers who arrested him.
Dear RGS,
I have called a number of institutions, and left messages, like the ACLU, but they have not rertuned my call in almost two weeks. I have come to understand that Bobby Lee Cook is the darling ofthe faux Justice Leagues, be they ACLU or other Free Speech legal counsel, entities.
He gets awards and accolades from these entities, for the “Work” he has done in Chattooga County.
TW
it is being reported that Bobby Cook says he intends to RE-FILE the lawsuit against TW and RNBW in CHATTOOGA county…….well, well, well, I wonder why he would want to do that?
Rome,
What can we do to help Teresa?
EBF….$$$$….she needs a very competent attorney, with a backbone…
If this isn’t a flagerant abuse of power, what is?? JW ought to be embarrassed and ashamed of this, and BLC has shown everyone that he is NO SOUTHERN GENTLEMAN!!!
I would hope someone will step in and put a stop to this fiasco….
EBF, hire her one of bobby cook’s partners?
Fact is, the jail sentence and the 1 million dollar judgment are done deals if this goes in front of a chattooga judge. it will be overturned on appeal and the case will probably be taken up by some citizens group of attorneys (real attorneys) that will make sure it gets overturned on appeal.
Imagine the chances that TW does stories about how bobby cook has more influence on chattooga courts than the law and legal precedent does, and then he drops his suit in floyd county and refiles it in chattooga………wonder why?
I feel sorry for decent people in Chattooga county. I was talking the other day on here about how I went to a function at summerville elementary and there was such a LARGE portion of the parents who were obviously addicted to meth, geeking, sores on their faces, weighing 72 lbs., etc……..then i think back in my LE days when I would work with Chattooga LE….and even the good ones (not many of them) would tell me “it’s just the way things are up here”………
AND you can bet your bottom dollar that if the Rome News Tribune or any other news agency was being sued for something someone else said AND bobby cook called one of their reporters “Ms. Nipples”, it would be national news, there would be editorials written daily about his abuse of power, abuse of a witness and abuse of the press.
bobby cook has stated publicly that he intends to put her in jail…….if she ends up in jail, with bobby cook’s obvious ties to law enforcement and judicial officials, along with his status as an officer of the court, that could be a conspiracy to violate Watson’s civil rights by government agencies (i.e. under color of law), both civilly and criminally, both her freedom and her freedom of speech…….that could lead to a 1983 civil suit under federal law and 241, 242 criminal charges being brought…..the best thing about that is some hot shot lawyer will JUMP on that for a contingency fee basis AND it will be in federal court where little monkey antics are not allowed.
I just wish that some attorney would do it now and get this in the federal system TODAY…..imagine that bobby cook says he intends to put her in jail, then gets a hearing to do just that in front of his buddy westbrook, the same buddy that refused Watson her due process……put a zipper on all those local yokels
Dear RGS,
I have just come back from spending big bucks to mail a copy of the Bar Complaint, with affidavits, with a copy of the deposition, and with copies of my Motion To Quash & Motion for Protective Order, to the State Bar of Georgia, as well as numerous news entities, which I shall not name until I know they have received them.
I file a complaint with Judicial Qualifications tomorrow, on Jerry west brook, not only for refusing to set a hearing for me, but for about ten other legal infractions some of you guys have copied me with.
Of course, it will be a sham court on Friday. I will demand that Jerry Westbrook recuse himslef, and he will not, and I will forced to testify on things which I do not have to, by law, and so will not, and then I will go to jail, and probably, as you suggested, not be afforded bail, until I talk, which I will not do, and that will be the week of Christmas for me, unless something gives.
TW
I just saw Jon Dennis and Jerry Westbrook out side in front of the Court House….in deep conversation….do you think TW was the topic of the day?
Here is a website intended to show the emotional impact abuse of the legal system has on it’s victims. People are being sued for this syndrome called “Legal Abuse Syndrome”. Maybe all of the population of Chatooga County could sue the LMJCC for “Legal Abuse Syndrome”.
I though I just sent you a ton of money,after reading this there seems
to be a possible it might not go very far.
Well, Is this a suprise to anyone in Chattooga County? I think not. Of course, there have been some very strange occurences when Politicians think there is a spotlight shining and maybe they can get a little free publicity showing what Southern Gentlemen they are. It would serve to enhance their chances of being elected in the next election. Oh I forgot, this IS Chattooga County. Don’t they have an alleged problem with Absentee Ballots in that area? Yes,quite a few Absentee Ballots were metered from the same postal meter in some lawyers office, consecutively. Odd. But the State Election Board is investigating that. That’s what the FOX5’s investigative reporter said in a report on June 20th. Maybe the residents of the county should go to their website and type in Chattoga County Election fraud and watch the report themselves. If the citizens down that way want to come out in force to support TW, sounds like Friday might just be your day to find your face on TV.
TW,
Have you thought about suing BLC for Sexual Harassment? If that’s not sexual harassment, then I don’t know what is. I’m sure that you realize that they have placed the ball back in their court and they are thinking that they have a slam dunk. I hope you have a major trump card to play.
Do we know who appointed JW to act as State Court Judge? It is my understanding the replacement Judge is to be appointed by the Governor. Did I read this law wrong?
16-11-40. Criminal defamation.
It seems to me that this is exactly what you have done to Mr. Cook, Judge Conelly, Sheriff Kellett, the Hammitts, etc., etc., by making numerous unsubstantiated accusations and insinuations. It forms the basis of your “expose’” on the so-called Chattooga County “Dixie Mafia.” Be careful you are not snared on your own hook.
I catch myself on my own hook lots when I go fishing, but it’s much more difficult to catch the fish without a hook. But FINALLY, someone on here who believes the focus should be on a little old lady, with zero money and zero power, instead of on a rich, powerful lawyer who enjoys degrading women in judicial proceedings, and threatening to take away their liberty (a power he shouldn’t have under Georgia Law)………Good Job David, good to see you’re sticking up for the little guy.
David……..There is a BIG difference between investigative reporting, and SEXUAL HARRASSMENT…and DEFAMATION…and if Mr Cook has a bone to pick with TW it could have been done with dignity….but instead his true colors have shown BRITELY..(in my opinion that is)
If everyone that supports TW, would please meet up on the courthouse steps (the entrance in front of POP’s) on Friday we will show this town that we mean business. The more people we have, the better off she is. If they are going to put her in jail, THEN we will peacefully demonstrate to release her. This is a chance for everyone to show what they are made of.
I read that there are only about 25,000 citizens residing in Chattooga County (US Census 2004). They are ruled by a judicial system whose members are alledgedly corrupt. Why do we care how this judicial system rules their 25,000 subjects? Is it because we do not want this dictatorial way of government to spread to our country (America), or is it because we care about the well being of these citizens? Or both? I do not see many of these citizens taking a stand against their ruling powers so if these people are not going to stand up to thier own King why should we? We have enough problems getting a ligitimate governments established in Afganistan and Iraq. Why should we as a country take on a job like transforming Chattooga County into a legitimate government? Apparently the citizens of Chattooga County like the way things are being run. I am sure that out of only 25,000 people probably about 15,000 have used this corrupt judicial system to save their asses. Of course the remaining 10,000 are children or elderly which in all probability have no need for a judicial system. So basically Ms. Watson is threatening the very corrupt judicial system that has protected these citizens wrong doings for so long. Do you think that is why we are not seeing a strong level of support from these citizens? The attitude there is like one saying “if you get rid of Billy Bob and his boys and get the Federal Government snooping around why half the citizens in Chattooga County will go to jail. Especially if they go back and look at all the crap we have gotten away with so far”. Maybe we should back off and let these citizens of the little Kingdom of Chattooga County sizzile in their own juices. For the very few that are fed up with all this they could move and take their money with them and leave the rest to do as they please.
You have heard about these little countries in South America referred to as Bananna Republics? Maybe we can refer to Chattooga County as a “Billy Bob Republic”.
My opinion.
Dear EBF:
As long as you do not confuse Billy Bob County with the “Billy Bob” I wrote about in my Op-ed a few weeks ago, in “The Politics of Source”. That “Billy Bob” is anything but a billy-bob, and while he holds his own, and controls his kingdom, he does so with a certain elegance….a certain charm, or so I am told. As I referred to our Floyd County King-Pin, he is a War Lord.
Up Chattooga way is a ghost of a man who cannot truly convince any one with logic and reason, but must dominate and control, or utterly destroy. I am thinking small member syndrome.
Our WarLord puts the Chattooga Lawyer Harlequin to shame. Our War Lord might have, probably would call, probably has called me a “B”, but never would have made it so personal as to denegrate me in the manner Bad Legal Counsel called me.
I am not trying to glamorize our local fellow. He is what he is. But he’s not a crooked lawyer, and he would never have treated a woman like I was treated last Friday, and especially in front of her son. You know where you stand with our local fellow. He would not pay a college student to sit on a website all day long, posting under different names, pretending to be different voices, trashing his opponent. He would not manipulate straw clients in to thinking they had a case they could not possibly win, just to satisfy his ego-lust, like the clown in Chattooga County.
He would simply deal with his opponent, directly, so there would be no question which line had been crossed, and who had crossed it.
Our local fellow has the ability to respect and admire the true strenghts of an opponent, and that makes him strong.
I will not refer to our Floyd County King Pin as Billy Bob anymore. I will have to come up with something, though. I hope to be writing more about him soon. I am told that Robert Duval would play the part perfectly, in looks and in endearing qualities.
TW
BLC- “BOOBY LOOKING COOK.
Rome,
Did I read that more people were going to be added to Bobby Lee Cook’s suit against TW in the Rome News Tribune? If so who? Do you think he will sue all who have posted on Teresa’s internet site? Do you think he will sue the last dog that strayed in his path? Do you think he will sue the Walker County Messenger? Has there been anything said about the corruption within the LMJCC on that site? I think there has been some things said. Do you think he will sue you? Do you think he will sue himself? Do you think he will sue the court reporter for typing what he said during the Teresa’s last deposition? Who do you think he will sue?
TW,
I was using the name “Billy Bob” as a generic name of southern “good ol boys” and really not referencing anyone. I apologize if I confused you with the name “Billy Bob” as I did not read your Op-ed a few weeks ago. As far as the comment on the “member” thing we could maybe make something out of the acronym “BLC”. I know “L” could maybe stand for “Little” and I am sure with enough imagination someone could complete the “B” and “C”. I mean after all you have a nickname so I think everyone should have a nickname including you know who.
Good Luck!
Dear EBF-
LOL, you guys know how to cheer me up and make me laugh. Okay, My husband and I were thinking this very same thing, and we figure B= Biddy, L=Little, and C= hmmmm, what “C” word could represent the male member?……..hmmmmm……let me think.
I think that glass of wine my husband brought to me is making me silly.
LOL,
TW
The “Mafia” may have lost some power in NW Georgia but still has a stranglehold on Cherokee and Dekalb co.
[…] December 18, 2007 - Bobby Lee Cook Dismisses Law Suit Against RomeNewsByWatson.com […]
So let me get this straight. BLC has sapeanoed Ms. Watson to answer questions in a case she has nothing to do with and knows nothing about? And if she does not give the correct answers BLC expects he has made arrangements for Teresa to spend Christmas in jail? Is this what is unfolding here? If this is true someone outside of Chatooga County needs to put a stop to this charade and hold BLC accountable for using the judicial system for his own personal weapon to retaliate against Ms. Watson. This is rediculous and the people of Chatooga County should be ashamed of these actions. My opinion.