In 2019 a Wisconsin court ruled that James Fetzer and Mike Palecek defamed Sandy Hook father Lenny Pozner in the book Nobody Died at Sandy Hook, which falsely claimed Noah Pozner’s death certificate was fake. A jury awarded $450,000. The amended judgment totals $1,107,395.13, appeals failed, and the book’s copyright was transferred to Pozner in 2022.
Lenny Pozner’s six-year-old son, Noah, was killed in the Sandy Hook shooting at Sandy Hook Elementary School in Newtown, Connecticut, on December 14, 2012. This page sets out what the book claimed, what the courts decided, and where the case stands, with links to the court records. For HONR Network’s other cases, see Legal Achievements.
What did “Nobody Died at Sandy Hook” claim?
Nobody Died at Sandy Hook, published by Moon Rock Books (2015, with a 2016 edition), claimed that the shooting was staged and that Noah Pozner’s death certificate was forged. The court found the death-certificate claims false and defamatory (summary judgment order; Decision and Order, December 12, 2019), and the Wisconsin Court of Appeals affirmed.
What did the court decide?
The case, Pozner v. Fetzer, No. 2018CV003122, was heard in Dane County Circuit Court, Wisconsin, by Judge Frank D. Remington.
- June 18, 2019: summary judgment for Lenny Pozner on defamation (order).
- October 15, 2019: a jury awarded $450,000 in damages (CBS News; The Guardian).
- December 2019: a permanent injunction was entered.
- July 27, 2020: an amended judgment of $1,107,395.13: $450,000 in damages, $650,000 in attorneys’ fees and $7,395.13 in costs.
Did Fetzer appeal?
- March 18, 2021: the Wisconsin Court of Appeals affirmed (Nos. 2020AP121 and 2020AP1570; Justia; decision PDF).
- February 16, 2022: the Wisconsin Supreme Court denied review.
- October 3, 2022: the U.S. Supreme Court denied certiorari (No. 21-7916), and it denied rehearing on December 5, 2022.
What happened to Moon Rock Books and Mike Palecek?
Moon Rock Books, the publisher, settled with Lenny Pozner in 2019. Its principal, Dave Gahary, apologized and agreed to stop publishing and selling the book (NPR, June 18, 2019; CBS News). Co-editor Mike Palecek settled before trial.
Who owns the copyright to “Nobody Died at Sandy Hook” now?
- Effective June 24, 2022, the court turned over James Fetzer’s copyright interest in four editions of the book, and four related domain names, to Leonard Pozner to help satisfy the judgment (turnover order).
- The Wisconsin Court of Appeals affirmed the turnover on September 14, 2023 (No. 2022AP1751).
Nobody Died at Sandy Hook © All rights reserved, Leonard Pozner.
Where is Lenny Pozner’s official site about the case?
Copies of the book and its claims still circulate on sites not controlled by the court or by Lenny Pozner. Lenny Pozner’s official site about the case is jamesfetzer.org. Court documents from the case are collected at poznervfetzer.com.
Pozner v. Fetzer FAQ
How much was James Fetzer ordered to pay Lenny Pozner?
A Wisconsin jury awarded $450,000 in October 2019. The amended judgment entered July 27, 2020 totals $1,107,395.13, including $650,000 in attorneys’ fees and $7,395.13 in costs.
Who owns the copyright to Nobody Died at Sandy Hook?
Effective June 24, 2022, a Wisconsin court transferred James Fetzer’s copyright interest in four editions of the book to Leonard Pozner to help satisfy the judgment. The Wisconsin Court of Appeals affirmed the order on September 14, 2023.
Did James Fetzer’s appeals succeed?
No. The Wisconsin Court of Appeals affirmed on March 18, 2021, the Wisconsin Supreme Court denied review on February 16, 2022, and the U.S. Supreme Court denied certiorari on October 3, 2022.
Sources
- Dane County Circuit Court, case 2018CV003122: summary judgment order (June 18, 2019), Decision and Order (December 12, 2019), permanent injunction (December 2019), amended judgment (July 27, 2020), turnover order (2022)
- Wisconsin Court of Appeals, Pozner v. Fetzer, 2020AP1570 (March 18, 2021, via Justia), and 2022AP1751 (September 14, 2023)
- U.S. Supreme Court, docket No. 21-7916 (certiorari denied October 3, 2022; rehearing denied December 5, 2022)
- NPR, report on the summary judgment and the Moon Rock Books settlement (June 18, 2019)
- CBS News, summary judgment report (June 2019) and jury verdict report (October 2019)
- The Guardian, report on the $450,000 jury award (October 16, 2019)
- Court documents: poznervfetzer.com
Related: The Sandy Hook Hoax: What the Evidence and Courts Show · Legal Achievements
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