The Daily Citizen, Dalton, GA

State News

August 5, 2009

Chattooga jury rules couple was libeled by post on Web site, but awards no damages

ROME — A man who posted an item on a Rome-based Web site libeled the plaintiffs who sued him, but he will not have to pay any damages, a Chattooga County jury ruled Tuesday.

The Superior Court jury got the case around 3:30 p.m. after closing arguments.

At issue is a December 2007 comment posted to Teresa Watson’s Web site where Ken Busbin, using the moniker “dirtyboy,” alleged that plaintiffs Ed and Brenda Hammitt conspired to manufacture and sell marijuana and as well to defraud Georgia Power.

Watson did not libel the couple, the jury found.

Brenda Hammitt testified Tuesday in the civil trial that neither she nor her husband had ever grown, harvested or sold marijuana, and that the posts on romenewsbywatson.com have caused social distress.

“In the grocery store, people will move aside, saying, ‘We need to let the Dixie Mafia go by or they’ll shoot us,’” said Brenda Hammitt.

Busbin also took the stand this morning, stating there was nothing malicious in his intent to post, and that it was a public discussion. When Jackson Harris, attorney for the plaintiff, accused him of hiding behind the name “dirtyboy,” Busbin denied hiding. He said the name was derived from an idea of a construction business name, as well as an online gaming tag.

Watson called Probate Court Judge Jon Payne to testify. He stated that Watson had issued an apology for an article written about him that had inaccuracies in it. Watson stated she did that without prompting because “it was the right thing to do.”

Harris asked Watson if she was ready to make a public apology to the Hammitts. She said no and indicated the allegations against them were true, but offered no evidence to that effect.

Judge Jon Wood sustained multiple objections to Watson’s offered testimony about the effects the lawsuit has had on her life.

Wood has imposed a mutual restraining order for parties in the case, stating they cannot bother or harass each other.

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