Judge Dismisses Priest's Defamation Suit

By Tom Sharpe
New Mexican
March 8, 2012

http://www.santafenewmexican.com/Local%20News/Judge-dismisses-priest-s-defamation-suit

The New Mexico Supreme Court has made the grounds more restrictive for defamation cases by ruling against an Episcopal priest who sued four parishioners for accusing him of pedophilia.

State District Court Judge Nan Nash dismissed the Rev. Walter F. Smith III's lawsuit, ruling he had not demonstrated an injury to his reputation.

The state Court of Appeals in 2010 overturned Nash's ruling, finding that "humiliation and mental anguish is sufficient to establish actual injury for liability purposes in a defamation action."

But on Monday, the state Supreme Court unanimously reversed the appellate court, effectively upholding Nash's decision.

"Evidence of humiliation and mental anguish, without evidence of actual injury to reputation, is insufficient to establish a cause of action for defamation," said the opinion written by Justice Patricio Serna.

Smith, a former priest at St. Francis Episcopal Church in Rio Rancho, sued St. Francis vestry members Will Durden and William DeVries and their spouses, Denise Durden and Marion DeVries, over a packet of information they prepared for the Standing Committee of the Diocese of the Rio Grande.

The packet related to the financial problems at St. Francis, but also included personal attacks against Smith, allegations that his lack of leadership resulted in the financial problems, and an anonymous letter accusing him of pedophilia.

According to the Supreme Court decision, Smith disclosed the allegations to the congregation during a Sunday service. The Durdens and DeVrieses subsequently made copies of the packet for other parishioners.

In 2006, Smith filed a complaint for defamation against the two couples. A year later, the Durdens and DeVrieses, through their lawyers, Emily A. Franke and Jane A. Laflin, moved for a summary judgment on the grounds that Smith had failed to demonstrate he had suffered an actual injury to his reputation. Judge Nash granted that motion.

On Wednesday, Franke declined to comment on the Supreme Court decision, but acknowledged that it favored her clients. She said the New Mexico Press Association and the New Mexico Broadcasters Association filed an amicus brief in the case, supporting the Durdens and DeVrieses.

Neither Smith nor his of lawyers, William G. Gilstrap and Daymon B. Ely, were available for comment.

Contact Tom Sharpe at 986-3080 or tsharpe@sfnewmexican.com