Former mayor's defamation case proceeds against state lawmaker

The attorney for former Scott City mayor Ron Cummins agreed during a court hearing Thursday to drop two defendants from a defamation lawsuit and look to file new litigation against them.

The existing suit against state Rep. Holly Rehder is still pending.

Cummins last December filed a civil suit in Scott County Circuit Court that accused Rehder, former mayor Tim Porch and Scott City resident Cindi Davidson Brashear of defaming him.

They are accused of publishing defamatory statements that included allegations of "malfeasance of office, corruption, (and) theft in the form of misuse of public funds," according to the suit.

Attorneys for all three defendants have argued the lawsuit should be dismissed because their clients have constitutional rights to free speech and did not act with malice.

Judge David Dolan told the attorneys during the hearing in Benton, Missouri, he could dismiss the case and send it to the appeals court. But if he were to do so, the appeals court likely would send it back to the circuit court, Dolan said.

Cummins' attorney, Patrick Davis, objected to taking it to the appeals court. He argued for keeping the case in circuit court and allowing it to go to trial.

Davis agreed to dismiss the litigation against Porch and Brashear and file a new petition against them after the judge indicated he did not believe the issue of malice was addressed in the lawsuit as it relates to the allegations against those two defendants.

Defense attorneys in the case have argued Cummins, as a public official, could not be defamed without evidence of "actual malice."

Dolan continued the case against Rehder, a Scott County Republican, despite objections from Katherine Shannon Walsh of the Missouri Attorney General's Office. That office is representing Rehder because she is a state lawmaker.

The lawsuit alleges Rehder made "defamatory remarks" about Cummins to the news media after "assurances from law enforcement that no crime had been committed."

Walsh told the judge Rehder had asked Scott County Sheriff Wes Drury to investigate allegations made against Cummins. Walsh said she believes the sheriff did not investigate the matter.

The lawsuit's statement about "assurances" from the sheriff no crime was committed does not indicate malice on the part of Rehder, Walsh said.

The judge continued the case. Davis said he would file a brief with the court in support of the legal action against the state lawmaker.

Cummins resigned in August 2017 amid a call by Rehder for an investigation into allegations he abused his position as mayor.

Rehder told the Southeast Missourian last year the suit is "frivolous."

The lawsuit has been amended twice by Cummins' attorney.

Among other things, it accuses Porch of sending texts to various people alleging Cummins had fired city employees when he knew the mayor did not have that authority. Porch "publicly demanded criminal investigations" and claimed Cummins, who was then mayor, was "a thief" even though Porch knew the mayor had not stolen public funds, Davis wrote in the lawsuit.

Brashear circulated a petition to recall Cummins, the lawsuit states. According to the suit, the recall petition "contained false and defamatory statements."

The amended suit charges all three defendants intentionally made statements against Cummins they knew were false.

mbliss@semissourian.com

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