Defense attorneys seek dismisal of former Scott City mayor's defamation lawsuit

BENTON, Mo. -- Attorneys for two of three defendants in a defamation lawsuit brought by former Scott City Mayor Ron Cummins told a judge Friday the case has no merit and should be dismissed.

Attorneys for Scott City resident Cindi Davidson Brashear and councilman and former Mayor Tim Porch asked the judge to dismiss their clients from the case.

Judge Rob Barker said he would rule later on the motion to dismiss Brashear from the case. In response to the other dismissal motion, Barker said he would give Cummins' attorney, Pat Davis, time to file an amended petition clarifying the allegations against Porch.

Cummins is suing state Rep. Holly Rehder in addition to Brashear and Porch. Cummins, who resigned as mayor in August 2017, has accused all three of defaming him.

He resigned after Rehder, a Scott County Republican, called for an investigation into allegations he abused his position as mayor.

The case drew statewide attention in August over First Amendment concerns, leading the Missouri Attorney General's Office to drop efforts to block the release of names and contact information of people with whom Rehder corresponded in regard to the actions of Cummins as mayor.

The lawsuit initially was filed by Cummins in December 2017. But in August 2018, his attorney dropped the lawsuit. Last fall, he filed a new but similar lawsuit against the same three defendants.

According to the suit, the defendants made defamatory statements against Cummins, accusing him of "malfeasance of office, corruption, theft in the form of misuse of public funds."

But attorney J.P. Clubb, representing Brashear, told the judge Cummins' lawsuit seeks "to stifle free speech."

Clubb said Brashear was within her rights to circulate a petition seeking to remove Cummins from office.

"You can campaign against people you don't agree with," Clubb said.

But Davis argued Brashear essentially called Cummins "a thief." Cummins has a right to sue Brashear, Davis said.

Porch's attorney, John Schneider, said allegations against his client are not sufficiently detailed in the lawsuit.

The suit charges Porch sent texts to various people alleging Cummins illegally fired city employees when Porch, as a former mayor himself, knew Cummins did not have authority to fire city employees. Porch was not serving on the council at the time of the alleged defamation.

Schneider said the suit does not state who received those texts or when they were made. Cummins has "alleged things in a very general manner," Schneider said.

Cummins has alleged Brashear and Porch made slanderous statements, accusing him of stealing and misusing public funds.

Rehder is accused of making "defamatory statements" about Cummins to the news media, the suit said. She continued to make such remarks after Scott Sheriff Wes Drury advised "no laws had been broken," the suit said.

Missouri assistant attorney general Katherine S. Walsh, representing Rehder, appeared at the hearing too, but did not ask the judge to dismiss the case.

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