A day laborer who attacked a U.S. photographer at a notorious San Diego day labor site in 2006, was awarded $2,500 in damages for "defamation per se" by Judge Ronald Styn in a non-jury trial in San Diego Superior Court.
The Mexican national plaintiff, Alberto Jimenez, who was accused of attacking of Los Angeles photographer John Monti, sued San Diego Minutemen founder Jeff Schwilk for defamation for calling the illegal immigrant attackers "criminals" when he forwarded an email with Monti's pictures of Jimenez and six other suspects who were at the scene of the crime.
Initially the lawsuit was filed in October 2007 and all seven men shown on the flyer sued Schwilk, Monti, and Fox News Corporation for defamation. However, Fox News and Monti were eventually dismissed from the case in 2008 and 2009 and six of the seven plaintiffs dropped their lawsuits against Schwilk in February, leaving only Jimenez vs. Schwilk for the one-day judge-only trial.
When the trial began, Jimenez was not in the courtroom to meet his accuser. Schwilk immediately asked Judge Styn for a directed verdict to dismiss the case, but the judge opted to start the trial without him and gave Jimenez additional time to appear in court as his attorney said he was running late. The plaintiff's attorney, Dan Gilleon, claimed his client was trying to get across the border and needed more time because he was a Tijuana, Mexico resident.
As testimony began Schwilk admitted that he had forwarded Monti's ‘wanted’ flyer by email the day after the attack. The email was sent to a dozen law enforcement and trusted community leaders so they could be on the lookout for the suspects who were still at large. He explained anyone with knowledge of these pictured men needed to notify San Diego Police Department.
The victim, Mr. Monti then testified that Jimenez was indeed one of the seven men who attacked him from “behind and knocked him into the busy boulevard that Saturday morning in 2006.” Monti explained he had gone to the day labor site to investigate the connection between the street-side illegal alien hiring site and child prostitution in the nearby the migrant camps where many of the day laborers live.
Monti also said under oath that Jimenez had previously testified in his criminal trial in 2007 that he was an illegal alien and had no legal papers to gain employment legally in the U.S.
It is worth pointing out that Gilleon wanted to bar television video coverage of the one-day trial, however, the defendant, Schwilk and the judge stated it was an open court and cameras would be permitted in the courtroom.
After a lunch break the defense called Jimenez to the witness stand, but Jimenez still had not arrived in court 4 1/2 hours after the start of the trial.
Gilleon then claimed that “Jimenez' wife was having surgery and he could not attend the trial that day.” Judge Styn was clearly tired of the excuses, however he allowed the trial to continue.
Schwilk again asked Judge Styn for a directed verdict, but again the judge declined, he wanted to proceed with closing statements. Schwilk pointed out to the judge that he had a right to question his accuser and the judge seemed to agree, but he also wanted to conclude the trial without the plaintiff.
Schwilk said, “I knew at that point the fix was in. This was so obviously a charade by Dan Gilleon and his La Raza employers who brought this frivolous case against us. There was no plaintiff in this case. This was a sham trial with no real accuser and Judge Styn played right along with La Raza's devious plan."
During the closing arguments, Gilleon accused Schwilk of conspiring with Sean Hannity, Alan Colmes and Fox News to spread Jimenez' face around the world in an effort to defame the day laborer by characterizing him as a wanted criminal.
The case against Fox News was dismissed earlier in what was a fishing expedition because Hannity and Colmes aired a story in late November 2006 regarding the assault featuring Monti and his flyer with the seven men's grainy pictures on it. See video here: http://www.youtube.com/watch?v=OqscavZ4tyY
Gilleon asked the judge to award Jimenez $85,000 in damages for four counts of defamation, including $50,000 for providing NewFox s with a copy of the flyer.
Schwilk reminded the judge in his closing arguments that his private emails with Monti's pictures had been sent only to a small group of law enforcement contacts, local community leaders and two local politicians who are leaders in the fight against illegal immigration.
Schwilk says Gilleon and his La Raza employers most likely got the email months after the fact from a disgruntled former member of SDMM who was kicked out of the group in February 2007 for bad behavior. He also pointed out again that Jimenez was an illegal alien and had obviously broken laws by entering the U.S. illegally.
Finally, Schwilk reminded the court that although Jimenez was never formally charged with the assault on Monti, he did participate in the attack and then fled the scene of the crime. “In law enforcement, flight implies guilt,” he said.
After a 15-minute recess, Judge Styn returned with his verdict finding Schwilk liable for one count of defamation for "carelessly" calling Jimenez a "criminal." Schwilk plans to appeal.
Asked about the verdict, Schwilk said, "Judge Styn not only ruled against our protection of free speech, he is attempting to de-criminalize illegal aliens and the crimes they commit on American soil. Styn is yet another example of a bad judge attempting to legislate from the bench."
Fellow San Diego Minuteman Barry Shipley observed the entire 5-hour trial and agreed.
"The judge completely ignored the court testimony that Jimenez was a criminal illegal alien and that the truth is a defense in a defamation case. Judge Styn should be removed from the bench," Shipley explained. "He is a danger to our American Constitutional rights".
The plaintiff’s attorney Daniel Gilleon was obviously pleased with the outcome of the trial. “We are very pleased with Judge Ronald Styn's ruling. Once again, the Court system has shown that defamation is Schwilk's chief weapon in his ‘war’ against illegal immigration. The judgments against Schwilk are starting to pile up.”
Schwilk saw it differently; "Of course La Raza and agents of the Mexican Government (Gilleon's employers) are pleased that they have been able to chip away at the U.S. First Amendment. Their greatest fear in the border and immigration debate is truth tellers like myself and other leaders fighting daily to secure America from the mass criminal invasion from Mexico. Unfortunately for them, they will never shut down our free speech".
Schwilk said the San Diego Minutemen would not be deterred by these malicious politically motivated lawsuits by the open border groups. "Our corrupt court system is all they have to try to shut us down," he said. "Honestly, we don't get distracted by all this court drama. We're fighting to save San Diego from the invasion of criminals and drug smugglers from Mexico."
SDMM have continued to expose outdoor prostitution rings in nearby McGonigle Canyon, including a highly publicized incident last October in which they caught another field brothel in action with trafficked Mexican girls and numerous Latino "Johns" paying for cheap sex in the bushes.
SDPD again refused to prosecute the suspected pimp and prostitute that were detained, but Mayor Sanders and SDPD were forced to clear out the canyons of migrant squatters yet again.
Schwilk said it is a constant cat and mouse game with the Mexican migrant camps and field prostitution rings. "We've been monitoring the canyons for four years now. We get the camps cleared out, but some of them eventually come back due to SDPD looking the other way at the illegal Mexican squatters. But there are far fewer migrant camps in San Diego County than when we started investigating these crime zones in 2006. We expect our success to continue to drive the Mexican Consulate and its operatives to further desperate measures to try and stop us."
For the first time in more than three years, there are no served lawsuits pending against SDMM members. Perhaps the illegal alien activists in San Diego are finally giving up on that failed and costly tactic.
With the latest push for amnesty heating up again, it appears that both sides in the illegal immigration debate are gearing up for some major battles.
Schwilk, who is a retired Marine, says he will fight until America's borders are fully secured and the country returns to an orderly system of legal immigration. He believes most Americans strongly oppose amnesty for the approximately 20 million illegal aliens currently in the U.S.
"We've made huge gains in the past five years, but we still have a ways to go. We're up against some very rich and powerful ethno-centric special interest groups, but no one should underestimate the spirit and determination of the American citizens", he concluded.
For more stories; http://www.examiner.com/examiner/x-10317-San-Diego-County-Political-Buzz-Examiner
Comments
awarding aliens money they should not even be in the first place they should be getting draged of to jail for stealing our resource that was intended for American familys
Un-freakin-believable! Time to invade Mexico. Thanks Jeff for standing up to the Mexican Mafia and these terrorist tactics.
We shall prevail in this war for America's sovereignty.
Yet another corrupt liberal judge. Unbelievable that America is being destroyed by these CRIMINALS!
This story makes me want to vomit. I hope that judge dies of worms and that illegal gets killed by a drug dealer in his own country.
Okay...so he's not a criminal. No...he's a FELON. It is, by law (even though they don't enforce, know, or heed it) a federal crime and that makes that crime a what? The guy is a felon and the judge a criminal against the Constitution and Federal Law. I am so disgusted by these judges, this administration, our former governor of AZ (Napolitano) that it gives me more fervor and desire to work to get these ratbastards ALL out of office .. if you want a country that doesn't give a rat's patooty about upholding the constitution, thinks speaking up for your God given rights is seditious...just keep supporting these people, but if you think that English should be our national language, that we ARE the greatest country because it was bought with a price and given great thought to for FREEDOM (not free health insurance, tax cheats, etc) get out there and speak without fear and question with boldness..
Wow! Thanks for the info Kim. I remember this whole incident and I am just amazed how things can be twisted. I guess my Catholic school girl upbringing must have created a pretty naive person. Thanks for keeping me informed!
I don't even recognize my country any more. How do these corrupt judges and politicians sleep at night? Their behavior begs for them to be removed from whatever positions they hold. If an
i-l-l-e-g-a-l a-l-i-e-n can't be named a "criminal," then what, pray-tell do we call them??? Styn is a traitorous, un-American puppet for the opposition in this case. He degrades and insults our country's justice system.
It seems the only true American involved in Schwilk's case was Mr. Schwilk himself.
Judge Ronald Styn should be tarred and feathered. We need Arizona's new law to deport all illegal aliens. This judge should be deported to Mexico since he likes Mexican Criminals so much.
That's right Dan Gilleon & La Raza, I called Alberto Jimenez and all illegal aliens "CRIMINALS" because they are! Sue me!
No plaintiff, yet the case goes forward. Slander verdict for calling an admitted criminal a criminal. What a joke! No wonder our country is going to hell in a handbasket. Corrupt - Corrupt. California and Arizone keep voting for democrats and McLame and soon we will have no country left.
It sickens me that scumbags like Gilleon are allowed to "practice" law. Gilleon is an immoral, unethical POG as is Styn who allows Gilleon to break the law with impunity. No mercy for these slugs. We must spread the word of this travesty nationwide and expose this slime.
Jimenez is a CRIMINAL! Gilleon is an ANTI-AMERICAN agent! And Judge Styn is a TRAITOR!! So will I now be sued like Mr. Schwilk? Judge Styn may I remind you there is something called the Bill of Rights in case you have been working as a foreign agent for so long you forgot. Free Speech still matters unless we truly reside in the USSA now. The mere fact the CRIMINAL alien did not even bother to show up for trial, yet the Judge still ruled in his favor proves what a circus our courts have become! Laws do not seem to matter to these traitors.
The undocumented citizen should had received better compensation. Crimes and lies against the hard working undocumented citizens need to stop.
The political revolution has arrived. At the Oceanside Tea Party last Thursday, April Fools day, the 15th. There were many Candidates who were guest speakers. All of them spoke out against tax increases and against the SNEAKS. They ALL promised to kick the SNEAKS out and take necessary drastic measures to secure the border and keep the SNEAKS from returning! The DESPICABLE ONES (supporters of the SNEAKS) must be very desperate. I love it! We need more legislation like Arizona, Texas, Oklahoma and other States are enacting to fight the invasion. Jay LaSuer has promised to lock em up and kick em out! Vote LaSeur for Sheriff this June! Go to sheriffjay.org/
You gringos are soooo stupido. We come into your country, you really don't try to stop us. Then we go to the Meck-sicken Consulate for information for how to take all the freebies you give to us. Then we go visit Claudia Smith and her alien outreach CRLAF in Oceanside to get our fake papers so we can never be deported.
Then if you try to get me charged for our crimes, we sue you with Senor Gilleon who is paid by La Raza and the SPLC. What a deal! I tell all my family to come here and they did! Muchas Gracias, dumb gringos. We take your state and your country and have mucho babies who can grow up and vote for traitors to give us more free stuff.
Payback for The Alamo pinche gringos. hahahahahaha
This is the Age of Law's End. Human laws are all corrupted, follow a higher Law.
I WAS THERE AND CAN ATTEST TO THE FACT THAT THE ACCUSED NEVER SHOWED HIS GUILTY FACE AND THAT THE FIX WAS IN. MAYOR GERRY "PANDERS" WOULD NEVER ALLOW ONE OF HIS ILLEGALS TO BE PROSECUTED, THAT WOULD SPOIL HIS RECORD!!!
I have lived in CA for 40 years and I have never experienced the gangs, theft, drugs and ect that the illegals have brought into this country.
Every Mexican I have hired had a criminal back ground. Two of them were on drugs, stole from me and my neighbor. One was on probabion violation, one was a sex offender. Don't allow anyone in your home even with a contractor unless they give you a back ground check,
Riiiight when you thought racism was dying in the USA, you read the online message board comments on a story about an illegal immigrant...
doncha know, it's not racism if they're beaners! I mean, mexicans! filthy slime who are corrupting this country with their brownness... er, I mean, illegality!
To Pedro, 4/20 @ 12:27 p.m.: You need to get a life, Pete...especially if you really believe you can successfully bs us with your moronic, pseudo-Mexican commentary.
It certainly is sad but not unexpected since those supporting possible criminals or people possibly committing numerous other criminal acts. Besides the first unlawful civil act of entering this country illegally, they have used every dishonest and disgusting tactics to support their invasion. They use accusations of racism, or calling those opposing illegal aliens xenophobic, even though the invaders are far more representative of exclusion and racist activity. Perhaps those seeking real justice should file lawsuits when the criminal supporters make claims of racism against innocent people just opposed to lawlessness.
F&*%ing wetbacks are all criminals!
My sources tell me that Kimberly Dvorak and Clarity Digital Group LLC (Denver) are now being sued by the purported "illegal alien" who, accordingly to Dvorak, could not cross the border. Apparently, he's more than legal, as President Reagan granted him amnesty 20 + years ago. Go figure!
My sources tell me that Kimberly Dvorak and Clarity Digital Group LLC (Denver) are now being sued by the purported "illegal alien" who, accordingly to Dvorak, could not cross the border. Apparently, he's more than legal, as President Reagan granted him amnesty 20 + years ago. Go figure!
I was proven in court that Alberto Jimenez is an Illegal Alien. Alberto Jimenez is a CRIMINAL. Alberto Jimenez desrves the right to be deported! Thank you I.C.E., increase the raids and deportations. TY Border Patrol, secure the border. TY Cheif Maher, increase the check points. TY AZ, OK, NC and TX.
TY Jay LaSuer for Sheriff. EVERYBODY vote this june for Jay LaSuer for Sheriff of San Diego County and send a message!!
Also: Thank You Kimberly Dvorak for writing the TRUTH and to Jeff Schwilk and John Monte for standing up for all Americans freedom of speech right! - “Truth crushed to the earth is truth still and like a seed will rise again” – Jefferson Davis
Alberto Jimenez, Daniel Gilleon, and Claudia Smith are all CRIMINALS and all belong in jail!
Hey Gilligan, free speech is a b*tch, aint it?
Next frivolous lawsuit you file, you will be sued yourself straight to the poor house and your 4 little rug rats and pretty blonde wife will be homeless, so the question is, do you feel lucky punk, do ya?
Anti-American Losers!
Lets deport all the illegal wetbacks, get them the hell out the country we dont want any foriegners her no more. They took our jobs and educashuns away from us.
Send the illegal alien dregs to Arizona. We have a new law to protect Americans from the job thieves and other assorted criminals. It aso makes being an illegal alien a 'crime' as word parsers understand the term.
My sources tell me that Kimberly Dvorak and Clarity Digital Group LLC (Denver) are now being sued by the purported "illegal alien" who, accordingly to Dvorak, could not cross the border. Apparently, he's more than legal, as President Reagan granted him amnesty 20 + years ago. Go figure!
The judges in San Diego are corrupt and are definitely conspiring as a group to overturn the U.S. Constitution! Beware, these judges don't follow the law or statutes and use their own discretion. They are traitors!
'Kimberly' says: "My sources tell me that Kimberly Dvorak and Clarity Digital Group LLC (Denver) are now being sued by the purported "illegal alien" who, accordingly to Dvorak, could not cross the border. Apparently, he's more than legal, as President Reagan granted him amnesty 20 + years ago. Go figure!"
Cite your sources or confirm by silence that you are a fraud.
This whole issue is rediculous. We are fighting a war with a neighboring country who won't take responsibility for it's citizens. It is costing us money we could use to provide for our own citizens. Too bad all the bleeding hearts can't see past stupid and our judicial system has no justice!!!!!!!!
criminal schwilk had his day in court and LOST AGAIN!
Payup and shut up rxcist!
This is ashame that one that enters our country illegally, with no right to work, litter's and destroys are beautiful canyons, are extend the right to sue American citizen's in American courts at the expense of the Taxpayer. I'm not saying illegals should be victimized, I'm saying that This American guy is the victim here. I see an abuse to our system. The inactive lawyer involved in this case was part of an investigation by the Attorney General in 1996 for almost this exact sort of thing. Funny the the PLANTIFF was unavailable to be in court. Plantiff probably never existed.
There are many articles about CRLA and their tricky tactics of suing Amercians and American businesses.
Just google CRLA under investigation
Deport Daniel Gilleon and Claudia Smith - anti-American goons!
"Kimberly" below is obviously not Kimberly Dvorak, the San Diego journalist who wrote this hard hitting story. Its likely Gilleon or one of his masters spewing lies. If Jimenez is legal why didn't he attend his own trial? Where is the proof he was granted amnesty in '86? What's his green card number, Gilligan??
By the way, Jimenez is top middle picture on the poster, and yes he's a CRIMINAL! All illegal aliens are criminals, but Jimenez is a criminal criminal for participating in the assault on John Monti.
Thanks Kim for writing the truth about the Mexican Mafia in San Diego and their dirty deeds in our corrupt court system. Their dirty secrets are all being exposed for the world to see.
Poor Gilleon, who is he going to sue next? Damn punk!
Ironic that those who claim they are upset that "illegal aliens" do not respect the law, do not, themselves respect the law.
In this country one is innocent until proven guilty and no one is a "criminal" unless they have been convicted of a crime.
Being in the country illegally is not, in and of itself a criminal matter. It is a civil violation.
@ Beckett
(a) Improper time or place; avoidance of examination or inspection;
misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States
at any time or place other than as designated by immigration
officers, or (2) eludes examination or inspection by immigration
officers, or (3) attempts to enter or obtains entry to the United
States by a willfully false or misleading representation or the
willful concealment of a material fact, shall, for the first
commission of any such offense, be fined under title 18 or
imprisoned not more than 6 months, or both, and, for a subsequent
commission of any such offense, be fined under title 18, or
imprisoned not more than 2 years, or both.
(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to
enter) the United States at a time or place other than as
designated by immigratio
You have to say "allegedly" unless someone is convicted otherwise it is "defamation per se." Judge was 100% right on this one.
Got something to say?
Examiner.com is looking for writers, photographers, and videographers to join the fastest growing group of local insiders. If you are interested in growing your online rep apply to be an Examiner today!