Legal Question in Criminal Law in Massachusetts

Antislapp

A party accused me of sending him and his family harassing letters. He filed charges with the police and our town administrator. I was brought in for questioning and had the issue hang over me for four months. The police dropped me from the investigation as there was no evidence linked to me. The party made the charge a second time. I was asked by a detective if I would come in and agree to be printed to which I readily agreed. My handwriting was also sampled. I was again excluded and the party was told that I had nothing to do with writing the letters. I had to retain an attorney and a forensic handwriting expert. Now this party has filed a civil suit with one part including the letters. I want to file an action against this party but have been told he is protected by the antislapp statute. What are my rights or don't I have any ?


Asked on 9/22/08, 5:16 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Antislapp

You have a right to answer the complaint and file a counterclaim. The anti-slapp does not appear to apply as long as your claims are bona fide.

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Answered on 9/22/08, 5:45 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Antislapp

Anti-SLAPP doesn't bar malicious prosecution or abuse of process counterclaims if the wrongful conduct you complain of is separate from and independent of the filing of the lawsuit. Here, given that you have twice before been exonerated, you might survive an anti-SLAPP motion to dismiss, although the complainant has a right to sue you civilly and have a jury determine whether you are responsible, notwithstanding the previous exonerations (which might be admissible as evidence supportive of your defense and potential counterclaims.).

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Answered on 9/24/08, 2:39 pm


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