After the Heard-Depp trial, we all have a fair idea of what defamation means. The Merriam-Webster Dictionary defines it as “the act of communicating false statements about a person that injure the reputation of that person.”
In other words, for something a statement to be defamatory, it needs to be a) false and b) ethically damaging to the person it’s about. You probably overlooked the first part, but the law doesn’t; it has to cover all bases.
In this case, the law says that a statement cannot be defamatory if it’s backed by a credible source. Since it’s based on a credible source, it’s not untrue. Since it’s not untrue,it’s not defamatory.
Pretty clear-cut, right? Well, not in the case of Jody Elliot.
Today, we shall start with the news article that left her reputation in tatters and got away with it scot-free.
The Salem News Article That Started It All
On May 6, 2015, Salem News published an article called “Civil rights violation alleged in harassment of Salem condo owners.”
The article was almost entirely based on the police complaint filed by Honor Segal, who is gainfully employed as a judge by the Massachusetts District Courts. Which, out of the two, is the credible source that makes this article above the law?
Yes, it is Judge Honor Segal. The then Assistant District Attorney at Salem District Court reported Elliott for something she didn’t do.
Since the article is an almost word-for-word account of the report, let’s discuss the claims in the former and learn Elliott’s side of the events that transpired.
Violating the Condo Bylaws
The article claims that Elliott violated condo bylaws by misconnecting a washer and dryer, but the situation is more nuanced:
- Elliott took steps to address the issue, organizing a meeting and hiring professionals to fix it.
- Elliott voluntarily compensated a neighbor for electricity use, showing goodwill.
- Unexpected complications arose, including internet connections running through Honor Segal's electrical system.
- Elliott suggested association funds cover their washer's electricity repair due to past precedents, but this was not agreed upon.
- Ultimately, Elliott paid for the repair themselves, aiming to resolve the issue and avoid further conflict.
The initial claim in the Salem News article oversimplifies the situation and misses these key details.
The Financial Accusations
The statement that there were disputes about condo finances and accusations of misappropriation is based on incomplete information and does not provide the full context of the situation.
- There was a dispute over the condominium's finances and landscaping expenses. Christopher Patzke, one of the unit owners, assigned an unequal number of landscaping days to each unit, leading to disagreement. He threatened fines if certain tasks weren't completed, escalating the tension.
- Honor Segaland Patzke hired an expensive attorney, which raised financial concerns. Elliott, the subject of the allegations, questioned the fairness of these expenses and suggested revisiting landscaping services, but Patzke denied the request.
- A dispute over attorney fees arose, with Segal and Patzke demanding payment from Elliott. However, Elliott insisted that the arbitration process should determine the owed fees, as their lawyer communicated with the other party's attorneys.
- It's important to note that the initial accusation of embezzlement against Elliott's husband was addressed by Attorney McCarthy, clarifying that there was no evidence of such misconduct. The language was then changed to “misappropriation of funds.”
While there were financial disputes and disagreements over expenses within the condominium association, the statement oversimplifies the complexities of the situation. It doesn’t fully account for the legal process and clarifications made regarding the allegations.
Making Meters Inaccessible
The statement in Salem News about stacking debris in front of meters to make them inaccessible oversimplifies a more intricate situation involving alterations to the condominium's storage space.
- Honor Segaland Christopher Patzke decided to modify the deed to Elliott's unit, reducing the size of her storage area in the cellar.
- This change in storage space had significant implications. Patzke informed Elliott that she would need to relocate her heating system and water heater, which had been placed in the common area, back into her now smaller storage unit.
- This move came with a hefty potential cost of between $15,000 and $20,000, which was a substantial financial burden for Elliott.
- The alteration to Elliott's storage unit reduced her storage space and obstructed access to the gas meters.
The stacking of debris in front of the meters was a result of complex changes made by Segal and Patzke, which significantly impacted Elliott, both financially and practically. The newspaper article merely scratches the surface of the larger issue at hand, failing to capture the full extent of the modifications and their consequences.
In Summation: An Article Found Wanting
The article published in Salem News is defamatory once you learn what Elliott had to undergo at the hands of the person whose word the newspaper treats as gospel. Read the article, but then look on the flip side.
Read about Honor Segal’s mistreatment of Jody Elliott on the latter’s website and learn her side of the story. Elliott has painstakingly debunked other statements made in the article that are also worth a read.
Share your experience to raise your voice alongside Elliott.
About the Author
Rita Miller is a part-time blogger specializing in dissecting intricate narratives and illuminating the nuances of real-life stories. With a background in journalism and an unwavering dedication to uncovering the truth, Miller’s writing style is marked by clarity, empathy, and a commitment to presenting a balanced perspective. She enjoys immersing herself in the world of art and culture, seeking inspiration from diverse forms of creativity to infuse into her storytelling.