By Tony Brockmeyer
On April 28, 2005 St. Charles County Associate Circuit Judge Jon A. Cunningham denied the Missouri Republican Committee’s motion to dismiss the suit filed against them by former State Representative Tom Green. The matter will now be set for trial. Judge Cunningham, acting as a Circuit Judge, made the ruling after the case was assigned to him. The reassignment came about because the Republican State Committee requested a change of Judge from Judge Lohmar’s Court.
Several days prior to the general election in 2004 The Missouri Republican State Committee mailed a post card to residents in Representative Tom green’s District. One side of the card displayed a travel poster type scene of ALASKA with a banner, “Thinking of You.” The other side of the card contained a photo of green and an alleged message thanking his constituents for sending him on a taxpayer funded, all expenses paid vacation to Alaska. In addition to other information there was a PS allegedly from Green asking the voters to send him back to the State House because he wanted to go to Hawaii the next year.
Another pot card was sent to the residents of his district with another Alaska travel type poster on one side and on the other side a photo go Green and information that he went to Alaska on taxpayer fund. Both post cards indicated they were paid for by Missouri Republican State Committee, Harvey Tettlebaum, Treasurer
On October 26, 2004 Green filed a motion for a Temporary restraining order to be granted and order to show cause why permanent injunction should not issue. On May 4, 2004, two days after the genera election, St. Charles County Circuit Judge William Lohmar granted the motion.
Green was defeated in the general election by the Republican candidate. Green lost his reelection race by 276 votes out of 17,130 votes cast.
Green then filed an Amended Petition in his suit against the Missouri Republican State Committee. In his amended petition he alleges that the State Republican Committee sent the two previously mentioned post cards. He further alleges that he did not sign, write or in anyway authorize or approve the false letter, which contained false, untrue libelous statements. He further alleges that he was falsely accused of using taxpayer funds belonging to the State of Missouri for a Vacation. That he was taking or going on a taxpayer funded, all expenses paid, vacation or using taxpayer dollars for a vacation and that it would be illegal and a crime under federal and state law for him to do so. Tom Green alleges he never took a vacation to Alaska and has not even been in the State of Alaska. That the purpose and intent of the mailings was t convince the voters to whom the post cards were sent they should not vote for Tom Green for state Representative and that the cards falsely accuse him of a crime, impute a lack of fitness suitable for a holder of public office and conduct incompatible with seeking public office. That the Republican State Committee knew that the statements were libelous, defamatory and showed reckless disregard. He asks in his petition for damages in an amount in excess of Twenty Five Thousand dollars and also that he be awarded punitive damages and any other relief that the Court deems fit.
Green also filed Count II alleging Slander. In Count II he asks for a judgment in excess of Twenty Five Thousand Dollars and also punitive damages to deter the Defendant and others from such similar conduct and any other relief that the Court deems fit.
The Missouri Republican State Committee then filed a motion with the Court to dismiss Green’s suit. It was that motion that Judge Cunningham denied.
Green told the First Capitol News, “I was thrilled that the motion to dismiss by the Missouri Republican State Committee was denied by the Judge and I am looking forward to presenting my case in Court before a jury. It was wrong and illegal what the Republicans did to get their candidate elected. They used their mailings to provide false, libelous and slanderous information to the voters of the 15th District of the State of Missouri in order to get their candidate elected. This goes against everything that this country stands for. I am appalled at their actions. This is not about money. This is about righting a wrong and returning the elective process to the voters.”
