Fort Bend Independent 122414

Page 1

VOL 7 No. 52

email: editor@ĩindependent.com

www.fbindependent.com ww .fbindependent.com

Phone: 281-980-6745

FORT BEND FAIR. BALANCED. INFORMATIVE. WEDNESDAY, DECEMBER 24, 2014

P. O.BOX 623, SUGAR LAND, TX 77487-0623

Official newspaper of Fort Bend County, Missouri City & Sugar Land

Birds of Fort Bend

The Exchange Club of Sugar Land, Sugar Land Rotary and The Exchange Club of Fort Bend partnered with Toys for Tots to provide over 15,000 toys to Fort Bend families on Saturday, December 20, 2014 at First Colony Church of Christ. Santa’s

Defamation lawsuit against newspaper remanded for retrial By SESHADRI KUMAR The Court of Appeals For The First District of Texas has reversed a trial court judgment and remanded for retrial the defamation lawsuit against the local paper, Fort Bend Star, filed by Wade Brady, son of former sheriff’s chief deputy Craig Brady. A three-judge panel on Dec. 18 ruled that the jury was improperly charged on the question of actual malice and therefore on the requirement for finding exemplary damages. The case involved a libel claim brought by Brady against The Star and LeaAnne Klentzman, a former reporter for the Star. The claim related to an article that appeared in the Star in 2003 that reported on certain actions taken by the Chief Deputy related to his son’s run-ins with law enforcement. A Fort Bend County jury heard the case in April 2011. The jury awarded Brady $50,000 in actual damages and $1 million in punitive damages. These amounts were reduced to $30,000 and $20,000, respectively, by the trial court and an earlier appellate decision. Jackson Walker LLP partner John K. Edwards who represented the appellants as lead counsel in the case said, “In reversing the entire verdict and judgment of the trial court in its most recent opinion, the appellate court found that the article related to matters of public concern and, therefore, Mr. Brady was required to prove falsity, actual damages, and actual malice, none of which was required by the trial court.” John Zavitsanos of the firm Ahmad, Zavitsanos, Anaipakos, Alavi, and Mensing, who represented Brady, said the court did not reverse the finding that the newspaper failed to report truthfully, but remanded the case for a trial on a technicality of “improper” jury questions. For the third time, the appellants lost on the issue of substantial truth in reporting, Zavitsanos said Klentzman, the reporter who wrote the article, was pleased with the Court’s ruling and praised the efforts of the Jackson Walker team. The Jackson Walker team has defended the case since its inception in 2003 on a pro

bono basis, expending hundreds of hours of time valued at over $1 million. Zavistanos said his team did not charge Brady a penny. “It was not about money. It was an effort to ensure that the Star adhered to reporting the truth,” Zavitsanos said. After 11 years, and with Ms. Bev Carter, the publisher, passing away, the situation has changed and Zavitsanos is not certain if his client will seek a retrial. The court’s opinion in this the lawsuit is significant for the media and the standard of defamation. Though the appeals court ruling reversed the jury award of damages, the court held that there is enough evidence for Brady to prove his defamation charges. Both sides of the case have something to take away in this ruling. While concluding that the jury was improperly charged on the question of actual malice and therefore on the requirement for finding exemplary damages, the appeal court judges said: “Despite the improper instruction, however, the record demonstrates that the statements made by Klentzman and The Star contained a number of misleading omissions and juxtapositions of fact that cast Wade in a false light. Fairminded people, reviewing this evidence, could reasonably conclude either that Klentzman and The Star were aware that their omission of exculpatory facts and partial reporting and juxtaposition of facts in the Article conveyed a false impression of Wade that impaired his reputation or that they omitted facts and juxtaposed facts with reckless disregard for whether the impression of Wade conveyed by the gist of the Article was true or not. We conclude, therefore, that legally sufficient evidence exists to support Wade’s claim for exemplary damages under the proper standard of proof. ...We conclude that the evidence is legally sufficient to support each of Wade’s claims under proper jury instructions. Thus, the proper remedy is to remand for a new trial.” “We overrule Klentzman and The Star on the issue that the trial court erred by failing to rule that the Article and all complained-of statements were

Exchange has been providing toys for needy families since 1995. Parents were sent invitations to visit Santa’s Exchange and “shop” for three new toys for each child in their family. The kids got to sit on Santa’s lap and were entertained with movies,

crafts and games by high school students. Wide-eyed children will have a Merry Christmas because Toys for Tots, Fort Bend ISD, local community service clubs, businesses, and churches collected toys and volunteered the day of the event.

“Elves” donate 350 bicycles to Briargate Elementary students Volunteers with a Houstonbased organization delivered approximately 350 bicycles to Briargate Elementary this week, rewarding students who have worked hard over the last few months to meet behavior, reading, and attendance goals. “Elves and More” aims to change lives one bicycle at a time, providing bicycles to students from selected Houstonarea schools. Volunteers with the organi-

zation visited the campus on Wednesday, December 17 to deliver the bicycles, just in time for the holidays. Students earned bicycles by meeting behavior, reading, and attendance goals. To get a bike, students first sign a “contract,” promising to meet objectives determined by their teachers. “We don’t give away bikes,” Elves and More representative Jeff Rando explained. “These

4th grader Kentrell Collins selects his bicycle with help from teacher Deborah Jones.

kids earn these bicycles.” On Wednesday evening, students who met the criteria lined up outside of the school to pick up their bicycles. Once inside, they were fitted with helmets before selecting their bicycles. Before leaving, staff adjusted bicycles to ensure student safety. Kindergarten teacher Juanita Staten called the program an effective incentive and said she saw notable improvements in

her students’ reading skills. “I had all of my students meet their objectives,” said Staten. “Parents have come to me and told me they’ve seen a difference in their child.” Parent LaTonya Lewis also expressed her gratitude for the program. “There are a lot of kids that are not going to have the opportunity to have a bike, and this gives them an opportunity. This is great.”

3rd grade student Henry Gonzalez selects his bicycle.

FBJSL announces 2014 Sugar Plum Market proceeds and beneficiaries

Representatives of the organizations receiving proceeds from the 2014 Sugar Plum Market joined members of FBJSL and representatives of Houston Methodist Sugar Land Hospital on December 12th to celebrate the Market’s success. FBJSL is an organization of The “Under the Mistletoe” The 2014 Sugar Plum Mar- Boys & Girls Club of Greater ket, presented by the Fort Bend Houston; Catholic Charities; themed Market was a huge women committed to promotJunior Service League (FBJSL) Child Advocates of Fort Bend; success with over 7,000 shop- ing volunteerism, to developing and Houston Methodist Sugar East Fort Bend Human Needs pers enjoying beautiful dé- the potential of women and to Land Hospital, is proud to an- Ministry; Fort Bend ARTreach; cor, a large raffle showcase, improving the Fort Bend Counnounce the proceeds and ben- Fort Bend Rainbow Room; Fort and over 100 unique vendors. ty community through the efeficiaries of another successful Bend County Women’s Center; “This year’s Market proceeds fective action and leadership of event. Total proceeds from this Fort Bend Family Promise; Fort will help 18 deserving agen- trained volunteers. Its purpose year’s Market were a record- Bend Lawyers Care; Houston cies continue to better the lives is exclusively educational and breaking $258,000 and were Museum of Natural Science at of many people in Fort Bend charitable as well as providing presented to local Fort Bend Sugar Land; Literacy Council County. We are truly grateful an atmosphere of friendliness, County charities on December of Fort Bend County; Lunches to all the volunteers that made goodwill and camaraderie for 12th at a Check Presentation of Love; Parks Youth Ranch; the 2014 Sugar Plum Market all members. The League has contribParty held at Houston Method- The Rose; SIRE, Houston’s such a great success,” said FBTherapeutic Equestrian Center; JSL President Debbie Buckner. uted more than $2.7 million to ist Sugar Land Hospital. The following beneficiaries and Texana Center. FBJSL’s Since its inception in 2001, the various charities in Fort Bend each received a portion of the Community Assistance Fund Sugar Plum Market has raised County. For more information event proceeds: AccessHealth; also received a portion of the a total of $1,651,800 for Fort on FBJSL, please visit www. See COURT, Page 3 The Arc of Fort Bend County; proceeds. fbjsl.com. Bend County charities.


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