YPD Officer Montero and former Commissioner Gardner Named as Sources in Defamation Suit
“We hope this gives pause to all of the so-called journalists out there and that they are put on notice that if they print lies about people, they will be held accountable.”
Det. Keith Olson, Plaintiff in defamation lawsuit
A defamation lawsuit filed by three Yonkers Police Officers against the owner of the Yonkers Tribune website raises interesting legal questions, including what journalistic standards should online websites, or publications, be held to?
The suit, filed by Yonkers Police officers John Mueller, (now Commissioner), Det. Keith Olson (PBA President) and Det. Brian Moran, challenged whether Hezi Aris, publisher of the Yonkers Tribune, had any sources for many of the controversial tales he posted on his site, of whether they were made up fiction, with no veracity.
NY Supreme Court Judge Joan Lefkowitz ruled on June 2 that Aris was not a journalist, and as a result not entitled to any of the protections given to journalists regarding protecting their sources. Aris was also ordered to reveal his sources to the three police officers, resulting in an astonishing admission that in many cases, he had no sources for many of the stories he concocted and posted on the Yonkers Tribune.
Ironically, many of Aris’s controversial stories were titled –Blue Truth, and the most salacious, which have been denied by the officers as nonsense, included:
That Mueller, before he was named Yonkers Police Commissioner “ committed multiple criminal, unethical and immoral acts, inter alia, offering an illegal monetary bribe to a county political leader and state political leader; committing the felony of perjury and maliciously claimed that plaintiff submitted perjured police reports to the YPD; stealing funds from a charity event and diverting the stolen money for his own illegitimate purposes; harassing and employing intimidation tactics against other members of the department to further his own future ambitions; improperly hosting a ‘beer party’ in his police precinct in violation of departmental rules.”
The alleged bribe to a county leader came at a lunch, that never occurred. Hezi wrote that Mueller and Olson attended the lunch with County Executive George Latimer and State Senator Shelley Mayer. In the tale, Hezi called Mayer “the bitch.” Aris characterized the lunch as an attempt by Mueller and Olson to get Mueller the Westchester County Police Commissioners post, but in fact never happened.
The other claims made against Mueller also never happened, including the Blue Truth story that Olson and Mueller collected $30,000 from an annual Toughman charity boxing event, and that $30,000 in cash was donated to the School for Special Needs Children, and given to Len Spano, director of the school, in cash.
Aris also falsely wrote that Olson and Mueller “were complicit in the death of a police officer by denying him medical leave and subjecting him to increased risk of contracting COVID-19,” and that Olson “used city employees and resources to complete personal tasks in violation of the penal law and city including performing work at his home,” and that Olson “routinely drives while intoxicated.”
The sources:
Aris was ordered to reveal his sources to the police officers and the court. Last year, Aris told Yonkers Rising that he would “never, never, never” reveal his sources, revealed two sources to the court: Yonkers Police Detective Ray Montero and former Police Commissioner Charles Gardner. Montero had long been rumored as one of Hezi’s source, but the name of Gardner was a surprise to many including this reporter and will become a shocking revelation to many in Yonkers City Hall and at Yonkers Police Headquarters when this story is shared around the city.
While Hezi claimed in his initial court documents that he had other sources, in a subsequent court document he claims that only Montero and Gardner were his sources and that they had corroborated many of his fictitious postings.
Officers Mueller, Olson, and Moran, through their attorney Andrew Quinn, asked for the original sources of the false stories, resulting in Hezi, through his attorney, Michael Sussman, that he had no original sources, leading to only one conclusion-that the story were not true and made up.
The Deposition:
Police Officers Mueller, Olson and Moran were able to get Aris to sit for an 8 hour deposition, which is described by Judge Lefkowitz in her decision as follows: “During his deposition on March 29, 2021 Aris testified that he never took any journalism courses, he read approximately 10 books about journalism but was unable to recall their names or authors, he is not a member of a professional journalism organization, he was issued press credentials approximately 20 years ago by the now former Yonkers Police Department Commissioner Charles Gardner, that he no longer has those press credentials, and that he was provided those credentials without providing proof that he was a journalist. He further testified that he works for the Tribune which he created about 20 years ago, the Tribune does not have a board of directors, the Tribune does not have any employees other than Aris, the Tribune is without any assets and has only generated revenue in 2020 and 2021 from advertising but that he was not paid by the Tribune. He testified that he has not been paid for almost 20 years and any revenue made by HMI and the Tribune has been reinvested in the companies. He testified that the Tribune is not insured. He testified that he is the only author of the Blue Truth article series for the Tribune and that he is the editor and publisher of the Tribune. He testified that he destroys notes and emails from confidential sources because he is concerned about retribution for his sources. He testified that “[a]ll of my sources are anonymous” and refused to reveal the sources of information relied upon by him in writing articles “because there is retribution in Yonkers.”
“Aris also stated that he did not know the identity of those who commented on his articles, nor could he produce their registrations or IP addresses. He further stated that to the extent that information exists defendants’ webmaster is the only person with access to that information,” writes Lefkowitz.
After the deposition, the plaintiffs argued that Hezi’s failure to identify his sources impeded their ability to present their case. Protecting the identity of a journalist’s sources is protected in New York State by the “Shield Law,” but based on Hezi’s answers, (that he has never been paid by the Yonkers Tribune, that he has no press credentials, and that he does not print an actual newspaper), plaintiffs argued that Hezi was not in fact a journalist.
Judge Lefkowitz writes, “Plaintiffs contend that defendants are unable to invoke the Shield Law to protect their sources because defendants are neither journalists nor a qualifying news agency under the Shield Law. Plaintiffs argue that the Shield Law applies only to professional journalists as defined by the statute. They argue that Aris is not a professional journalist pursuant to this statute because he does not engage in news gathering for gain or livelihood, he is not and has never been a regular employee of a newspaper or news agency as a journalist, and the Tribune does not meet the criteria of a newspaper or news agency that collects and supplies news to subscribing outlets,” writes Judge Lefkowitz, who concluded in her decision that-
“Defendants have failed to establish that the Tribune or HMI fall into one of the news entity categories as defined by the statute. Defendants have admitted that the Tribune is published online and therefore it does not qualify as a newspaper which by the statute’s definition “is printed”. Additionally, there has been no proffer by defendants that it has a paid circulation which is required to be deemed a newspaper or magazine under the statute. Nor have defendants argued, let alone provided evidence that the defendant entities are “news agencies,” “press associations”, or “wire services” as defined by the statute. Other than Aris’ own self-serving statements that he is a journalist, defendants have also failed to show his entitlement to invoke the Shield Law privilege.”
“As reflected by his deposition testimony, he admittedly is not engaged in the activities of the Tribune for gain or livelihood but lives off his savings. He has failed to demonstrate that he is paid by the defendant entities or that he is a regular employee of or otherwise professionally affiliated for gain or livelihood by them. And as previously noted, defendants have failed to show that the Tribune and HMI are qualifying news entities under whose umbrella Aris could invoke the Shield Law privilege.”
The lawsuit has yet to be concluded, but so far that it is safe to say that the decision by Lefkowitz, and the revelation of his sources, or lack thereof, have not gone well for the Publisher of the Yonkers Tribune.
If this case continues on its present course, Hezi will be found guilty of defamation, and the court will impose damages. The three police officers are suing for a combined $17 Million. Because of his First Amendment right to freedom of expression, Aris can continue to publish the Yonkers Tribune even if he is found guilty of the defamation of Mueller, Olson and Moran. There is no mechanism to make him cease operations.
But if he did in fact fabricate many of the Blue Truth stories, he should not be trusted by his readers and the people of Yonkers. “This lawsuit has always been about what is right and what is wrong. No one should be able to write defamatory lies about people without an honest attempt of verifying the information. We are glad to see this lawsuit move forward, and we look forward to a positive outcome. We hope this gives pause to all of the so-called journalists out there and that they are put on notice that if they print lies about people, they will be held accountable,” said Olson.
