If you want to make a good impression on somebody, especially somebody with the power to make your life sort of miserable, you’d do well to pay attention to this.
Here’s an example of what not to do.
Nicole has been saying now for a long time that she thinks that Judge Embry drinks, or drinks too much, or is an alcoholic.
Nicole, of course, insists that anyone who ever drinks anything, even a glass of wine with dinner, is an alcoholic, though, so take that into consideration. She insists that I was drunk during the little road trip and meeting with Joe, when the truth is that I hardly ever drink and didn’t that night at all.
She thought this was clever, of course.
It wasn’t clever. It was stupid.
She got that screen shot from the courtroom video that I put on this blog.
Here it is. It is not a snapshot. It’s a screen shot from a video. Judge Embry was not asleep there. She wasn’t even appearing to be asleep.
She was waiting for Nicole to finish riffling through endless pages of screen shots in her fruitless effort to produce evidence that Lisa had threatened her in some way. Remember? Remember that Nicole kept saying that her toddler had dumped everything out and it was all the kid’s fault that she couldn’t find the stuff she needed? Remember how it went on forever?
Was the judge bored? You betcha she was. Everyone was. Lisa was. I suspect Joe was. Everyone who watched the video was.
Go look at the original. You can see the time stamp there.
It’s one thing to say that you think I was drinking, or to call Lisa an alcoholic. Both of us are retired and there really isn’t damage done to either of us by a statement like that.
It’s a whole different thing to say that same thing about a person whose job is tied to their reputation.
In most cases, you have to prove that you’ve been damaged in some way in order to sue somebody for defamation, but not in every case.
Kentucky is a per se state. This means that certain things are defamatory, period, and you don’t have to show damages.
Defamation per se involves statements that “impute. . . unfitness to perform duties of office.”
While it’s doubtful in the extreme that Judge Embry will even give a slight shit about what Nicole has to say about her in public, I suspect it won’t make the judge feel like being particularly lenient.