Legal Achievements: Lenny Pozner's Court Wins Against Sandy Hook Hoaxers

Lenny Pozner, father of Sandy Hook victim Noah Pozner and founder of HONR Network, has won a defamation judgment of more than $1.1 million in Wisconsin, a default judgment on liability against Alex Jones in Texas, and a federal prison sentence for a woman who threatened his life.

Historically, as victims of online hate, harassment, and defamation attempted to sue their abusers in court, they often found that either the law had not kept up with advances in technology or authorities were unwilling to utilize existing laws. Lenny Pozner’s dogged pursuit of hoaxers and abusers in court has resulted in a legal precedent which makes it easier for other victims of online abuse to pursue their own abusers.

Pozner v. Fetzer and Palecek: $1.1 Million Defamation Judgment (Wisconsin)

• Court: Circuit Court for Dane County, Wisconsin, Judge Frank D. Remington
• Case number: 2018CV003122
• Dates: summary judgment June 18, 2019; jury verdict October 15, 2019; amended judgment July 27, 2020
• Outcome: judgment for Leonard Pozner against James Fetzer of $1,107,395.13

The court ruled on summary judgment that James Fetzer and Mike Palecek defamed Lenny Pozner in the 2016 edition of the book Nobody Died at Sandy Hook, which claimed that Noah Pozner’s death certificate was a fake, and that Fetzer also defamed him in a blog post. Palecek settled before trial. On October 15, 2019, a jury awarded Pozner $450,000. The amended judgment entered on July 27, 2020 totals $1,107,395.13: the $450,000 jury award, $7,395.13 in fees and costs, and $650,000 in attorneys’ fees ordered by the court and agreed to by the parties.

The Wisconsin Court of Appeals affirmed the judgment on March 18, 2021 (Nos. 2020AP121 and 2020AP1570). The Wisconsin Supreme Court denied review on February 16, 2022, and the U.S. Supreme Court denied certiorari on October 3, 2022 (No. 21-7916) and denied rehearing on December 5, 2022.

Full case explainer →

Copyright of Nobody Died at Sandy Hook transferred to Lenny Pozner

To help satisfy the judgment, the court ordered that, effective June 24, 2022, Fetzer’s interest in the copyright and title of four editions of Nobody Died at Sandy Hook, along with four related website domains, be transferred to Pozner. The Wisconsin Court of Appeals affirmed the turnover order on September 14, 2023 (No. 2022AP1751).

Nobody Died At Sandy Hook © All rights reserved, Leonard Pozner. Nobody Died At Sandy Hook, written by James Fetzer, is subject to copyrights owned by Leonard Pozner. All rights are reserved. No part of this book may be reproduced or used in any manner without the prior, written authorization of Leonard Pozner, the copyright owner. To request permissions, contact HONR Network.

Pozner and De La Rosa v. Jones: Default Judgment Against Alex Jones and Infowars (Texas)

• Court: District Court of Travis County, Texas (filed in the 345th District Court; the 2021 default judgment was entered by the 459th District Court)
• Case number: D-1-GN-18-001842; appeal No. 03-18-00603-CV
• Dates: filed April 2018; appeal decided November 5, 2019; default judgment order dated September 27, 2021; bankruptcy ruling October 19, 2023
• Outcome: default judgment on liability against Alex Jones, Infowars LLC and Free Speech Systems LLC; damages still to be set at trial

Lenny Pozner and Veronique De La Rosa, Noah’s parents, sued Alex Jones, Infowars LLC and Free Speech Systems LLC in April 2018 over InfoWars broadcasts aired on April 22, April 28 and June 13, 2017. On November 5, 2019, the Texas Third Court of Appeals affirmed the denial of the defendants’ motion to dismiss under the Texas Citizens Participation Act and held that the parents are not limited-purpose public figures. In an order dated September 27, 2021, Judge Maya Guerra Gamble entered a default judgment against Jones and Free Speech Systems under Texas Rule of Civil Procedure 215 because they failed to comply with their discovery obligations.

After Jones filed for bankruptcy, the U.S. Bankruptcy Court for the Southern District of Texas ruled on October 19, 2023 (Adv. No. 23-03035) that Jones committed willful and malicious injuries to Pozner and De La Rosa, so the debt for their defamation and emotional-distress claims cannot be wiped out in bankruptcy (11 U.S.C. § 523(a)(6)). The court noted there has not been a damages trial in the Pozner/De La Rosa case; one must still be held to set the amount.

United States v. Lucy Richards: Federal Prison for Threatening Lenny Pozner (Florida)

• Court: U.S. District Court for the Southern District of Florida, Senior Judge James I. Cohn
• Case number: 9:16-cr-80206-JIC
• Dates: threats sent January 10, 2016; indicted December 2016; sentenced June 7, 2017
• Outcome: guilty plea; five months in prison, five months of home confinement and three years of supervised release

Lucy Richards, of the Tampa, Florida area, sent Lenny Pozner death threats on January 10, 2016. She was indicted on four counts of transmitting threats in interstate commerce (18 U.S.C. § 875(c)), pleaded guilty, and on June 7, 2017 was sentenced to five months in prison, five months of home confinement and three years of supervised release.

State of Florida v. Wolfgang Halbig: Arrest Over Lenny Pozner’s Personal Information (Florida)

• Court: County Court, Lake County, Florida
• Case number: 2020-MM-001628-A
• Dates: arrested January 27, 2020; charge dropped April 7, 2021; victim impact statement August 1, 2023
• Outcome: arrest record remains; the charge itself was dropped

Wolfgang Halbig, one of the most prolific Sandy Hook hoaxers, was arrested in Lake County, Florida on January 27, 2020 after Lenny Pozner reported that Halbig had shared his personal identification information, and was released on $5,000 bond. Prosecutors later dropped the charge (nolle prosequi, April 7, 2021). When Halbig asked the court to expunge the arrest record, Pozner delivered a victim impact statement on August 1, 2023 opposing the request.

Frequently asked questions

What did Lenny Pozner win against James Fetzer?

In Pozner v. Fetzer (Dane County Circuit Court, Wisconsin, Case No. 2018CV003122), the court ruled in June 2019 that Fetzer and Mike Palecek defamed Lenny Pozner by claiming his son Noah’s death certificate was fake. A jury awarded $450,000 in October 2019, and the amended judgment of July 27, 2020 totals $1,107,395.13. Wisconsin’s appeals courts and the U.S. Supreme Court left the judgment in place.

Who owns the copyright to Nobody Died at Sandy Hook?

Lenny Pozner does. To help satisfy the Fetzer judgment, the Dane County court ordered Fetzer’s interest in the copyright and title of four editions of the book transferred to Pozner, effective June 24, 2022. The Wisconsin Court of Appeals affirmed that order on September 14, 2023.

What happened in Lenny Pozner’s lawsuit against Alex Jones?

Lenny Pozner and Veronique De La Rosa sued Alex Jones, Infowars LLC and Free Speech Systems LLC in Travis County, Texas, in April 2018 (Cause No. D-1-GN-18-001842). In 2019 the Texas Third Court of Appeals refused to dismiss the case, and in September 2021 the trial court entered a default judgment against Jones and Free Speech Systems for failing to comply with discovery. In October 2023 a federal bankruptcy court ruled that Jones willfully and maliciously injured Pozner and De La Rosa, so the debt cannot be discharged in his bankruptcy. As of that ruling, no damages trial had been held.

Was anyone sent to prison for threatening Lenny Pozner?

Yes. Lucy Richards, of the Tampa, Florida area, pleaded guilty in federal court to transmitting threats to Lenny Pozner. On June 7, 2017, U.S. District Judge James I. Cohn sentenced her to five months in prison, five months of home confinement and three years of supervised release.

What happened when Wolfgang Halbig was arrested?

Wolfgang Halbig was arrested in Lake County, Florida on January 27, 2020 after Lenny Pozner reported that Halbig had shared Pozner’s personal identification information. Prosecutors later dropped the charge (nolle prosequi, April 7, 2021). On August 1, 2023, Pozner delivered a victim impact statement opposing Halbig’s request to expunge the arrest record.