[Chat] No good deed goes unpunished
Kevin Zeese
kzeese at earthlink.net
Fri Jun 19 15:23:51 EDT 2009
Your suggestions are welcome on the situation below.
Last September we saw someone walk across the alley behind Calvert to the
St. Paul side and pour gasoline over the door of a garage. We could smell
the gasoline from our house, about five doors down, and then a person with
us went up to it and confirmed that it was in fact gasoline.
We thought this was bizarre and did not know what to do. We did not know
the persons intent but were concerned that if there was a fire it could
affect the whole block of row houses. If a neighbor had seen someone do
this to our house or the house next door we'd want them to call the police,
so we did.
The police sent out the arson squad. We never accused anyone of arson but
did report the pouring of gasoline.
Recently we found out that the individual was arrested and held over in jail
for three days, paying a $1,000 bond to get out. The police wanted to
charge him with attempted arson but the prosecutors felt they could not
prove it. The police/prosecutor never called us to discuss whether there
was anything more than gasoline being poured.
We received a letter from a lawyer, Howard Schulman, threatening to sue us
for defamation because we accused his client of attempted arson. In the
letter the lawyer acknowledged that his client did indeed pour gasoline in
the alley. He claimed it was to kill rats. Pouring gasoline and other
chemicals in the ally is itself illegal.
We wrote back saying that the lawyer had the facts wrong and we did not
accuse anyone of attempted arson, merely that he poured gasoline on a
neighbors garage -- something the lawyer admitted.
The lawyer wrote back with a draft complaint continuing his threat to sue
and telling us to have our lawyer or insurance company call him.
We contacted our insurance company which initially said they would cover
this, but now say they do not. They say they talked to the lawyer and that
he does intend to sue. He suggests we get a lawyer.
Of course, getting a lawyer would probably cost more than settling the case
but we do not want to settle a false claim or hire a lawyer.
We see this as a legal stick-up -- the type of thing that will discourage
others from calling the police when they see a crime.
Any suggestions? Any lawyers or others with experience with this?
Thanks.
KZ
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