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  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Default Accusation of Vandalism

    My question involves defamation in the state of: California

    We put a plaque on my grandmothers grave stone, for my sister who passed away and was buried in the same spot as my grandmother.

    I noticed the plaque was taken off and called the cemetery and they stated a woman complained that someone had defaced her mothers grave stone and was very upset about it. Soon after that, the plaque went missing.

    I made a police report to just have on file, not to pursue anything. I named her in the report because she was one of the daughters of my grandmother who lives close enough to visit the grave.

    I also put in our local paper a little comment. They have a column called Pitchforks (to vent) and Halos (to show praise to someone) I put in there that it was wrong for my Aunt to steal the plaque and the police where on it and how could she do that to family.

    I NEVER mentioned her name.

    Well I was talking to my aunt in law (who is friends with the aunt I'm talking about) she said she couldn't think of her doing something like that and then I stated well what sister of my dads would do it since it was stated by the cemetery it was a child of the deceased, which is my grandmother and would make the person complaining one of my dads sisters.

    Now my aunt has a copy of the "pitchfork" and is pissed. Called my dad and was yelling at him stating if her name is brought into this she will sue!!

    Now my question is, does she have a case against me? The only time I mentioned her name was in the police report. They asked who I thought it could be and I stated her name, which they didn't do anything with. There was a talk I was having with my aunt in law. The letter to the newspaper NEVER mentioned the alleged aunts name.

    I'm all nervous. This is not who I am, talking smack about people. I was upset that someone had stolen my sisters grave plaque and I wanted it back.

    Anyone have any answers?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Family Matter

    You accused your aunt, very publicly, with no evidence to support your accusation. Apparently anybody familiar with your family can figure out who you were accusing. So you had best hope that you either come up with evidence that your aunt did something, or that she calms down and this blows over.

  3. #3

    Default Re: Accusation of Vandalism

    If she retracts the accusation in the newspaper, would she not be held liable?

  4. #4
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Accusation of Vandalism

    Quote Quoting BeenThroughThis
    View Post
    If she retracts the accusation in the newspaper, would she not be held liable?
    She would not need to retract anything, it's the person who took out the ad that needs to retract, not the victim.

    Held liable for what? Protecting herself from libel

  5. #5

    Default Re: Accusation of Vandalism

    Quote Quoting M'sta Mikey
    View Post
    She would not need to retract anything, it's the person who took out the ad that needs to retract, not the victim.

    Held liable for what? Protecting herself from libel
    That's what I was asking.

    If the person who PUT THE AD in paper put in a retraction, not the aunt!

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Accusation of Vandalism

    How about apologizing to the aunt and perhaps even asking, "What can I do to make this right?"

  7. #7

    Default Re: Accusation of Vandalism

    Quote Quoting aaron
    View Post
    How about apologizing to the aunt and perhaps even asking, "What can I do to make this right?"

    I agree. After all, family is family. I agree with Aaron

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