Judge tosses out lawsuit a convicted stalker filed against his victim for going public about him

Stalker suit thrown out


Photographer: WXYZ
Copyright 2011 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Posted: 07/04/2011

(WXYZ) - There’s new information on a case first exposed by the Channel 7 Investigators a couple months ago. A convicted stalker who came out of prison and sued his victim has lost another round in court. An Oakland county Judge has tossed the case out.

But the convicted stalker is not ready to quit.

Back in February, The Channel 7 Investigators introduced you to Harvette Williams a victim who's stalker came back to haunt her again.

After serving three years in prison for stalking Williams, Kevin Gary took her to court. He sued Williams and the E Entertainment Network for $10 million, claiming defamation of character. He claimed an investigative report the network did on Williams’ case damaged his reputation even though he had plead no contest to the stalking and was later locked up for violating his probation.

Kevin Gary also named the City of Southfield, Southfield Police and Oakland County in the lawsuit filed in Wayne County Circuit Court. Gary represented himself.

Wayne County Circuit Court Judge Susan Borman ruled that Gary filed the suit in the wrong jurisdiction and transferred the case to Oakland County.

Williams was hoping Gary would just fold his tent and go away.

But he didn't.

Gary re-filed in Oakland County, still insisting that Williams tarnished his good name.

"I just want an opportunity, your honor, to present my evidence to the court to prove my claim of defamation of character,” Gary told Oakland County Circuit Court Judge Phyllis McMillen.

But Judge McMillen immediately threw the case out of court noting that Gary's suit had no specifics to base his defamation claim on and he also filed it too late, beyond the statute of limitations.

Williams says the lawsuit was just more harassment.

"It's awful that someone could actually get away with even using the court and the judicial system for a purpose like this,” said Williams.

After Gary was convicted, Williams went to Lansing and got legislation passed requiring convicted stalkers to wear tethers for up to 2 years after their release. Now she's pushing for another law, making it illegal for a convicted criminal to sue their victim unless their conviction is overturned.

"I just want to make it better for the next person to not have to deal with the strain and the ordeal that I had to," Williams said.

But Williams’ ordeal is not over yet.

Gary is taking his case to the Michigan Court of appeals. Williams’ lawyer says it's never going to fly.

"You have a right to do that coming out of a circuit court action,” said attorney Lawrence Walker, but we see that as another frivolous attempt to continue the litigation.”

Frivolous or not, Williams faces the reality that her stalker will continue to be in her life for some time to come, at least until he runs out of room in the courts.
 

Copyright 2011 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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