A judge has dismissed former Pittsfield City Council candidate Craig Gaetani's $50 million defamation lawsuit against the Berkshire Eagle.
A judge has dismissed former Pittsfield City Council candidate Craig Gaetani's $50 million defamation lawsuit against the Berkshire Eagle, ruling that the newspaper's coverage of an encounter between Gaetani and a bystander outside an October candidate forum was accurate.
In his ruling, Berkshire Superior Court Judge John Agostini wrote that Gaetani's suit had failed to meet the legal standard for defamation, which is that the reporting was false, and that it was published with "actual malice."
"The only real issue is whether it was false or in the street vernacular 'fake news,' " Agostini wrote. "Given that the plaintiff admitted that the newspaper account was accurate, no claim of defamation will lie and the complaint must be dismissed."
The suit, in which Gaetani accused the newspaper of "character assassination," named the Eagle, its publisher Fredric Rutberg and reporter Amanda Drane as defendants.
The dispute stemmed from the Eagle's coverage of an Oct. 23 forum, in which Drane described an encounter between Gaetani and a man who suggested he could smell alcohol on Gaetani's breath.
"Out in the parking lot, a man tried to convince Gaetani not to drive home, saying that he smelled alcohol on his breath. Gaetani said the man didn't know what he was talking about and drove away, prompting the man to report the incident to police," the Eagle reported. "A desk officer confirmed receiving the call, but said they'd been unable to locate Gaetani and likely would not have another chance to follow up."
In an interview, Rutberg, a former judge who bought the Eagle in 2016 along with a group of local investors, described the suit as a "burden" that cost the paper thousands of dollars in legal fees.
That burden has now been lifted, he said.
"I was relieved that the case was over," Rutberg said. "We knew from the get-go that the case had no merit. It was reassuring to have that confirmed by the court."
Reached by phone, Gaetani continued to dispute the Eagle's reporting, despite the judge's ruling that the story was true. He said he intends to file another lawsuit -- this time for $100 million -- based in part on the Eagle's account of "a man" who confronted him outside the forum.
It was actually two men, he said.
"All I can say to you is I will be filing a lawsuit again very shortly," Gaetani said. "I don't want this to happen to anyone else."
Gaetani said he intends on attending a Pittsfield City Council hearing tonight to advocate for ways to save the city money on wastewater and sewage treatment.
Any additional suit may face an uphill battle, given Agostini's firm ruling in the case.
"Simply stated, the Berkshire Eagle accurately reported the events in the parking lot," Agostini ruled.
Gaetani, an engineer who campaigned on his experience building efficient and cost-saving wastewater treatment plants, said in his lawsuit that the story was a "vicious attack" that would likely cost him the election. He finished last of six candidates in Pittsfield's at-large city council race.
He also has a history of recent criminal convictions involving threats and erratic behavior, though he has said the cases against him were political motivated.
In May, Gaetani was convicted of threatening to shoot a city employee during a phone call during his unsuccessful run for mayor in 2015, the Eagle reported. Gaetani had called the fire department to ask about removing junk vehicles from his property; unsatisfied with the employee's response, he allegedly threatened to fire her once he was elected mayor, burn her house down and come to her office with a gun.
Gaetani received a six month suspended sentence in the case.
In June, he was sentenced to another two and a half year suspended sentence after he was convicted of breaking into a car he had sold to another person and stealing the title. In both cases, Gaetani dismissed the prosecutions as politically motivated and said he would continue to seek office.