CHARLESTON, W.Va. — State Sen. Chris Walters filed suit over a union- and trial lawyers-backed advertisement he claims unfairly links him to a convicted child molester.
West Virginia Family Values, a political action committee representing labor interests, placed the advertisements.
The advertisements are called “Laughing.” Part of the focus is a Jackson County sexual predator case in which state Senate Majority Leader Mitch Carmichael served as a witness.
The first version of the ad only described “their leader,” while a re-cut version added Carmichael’s name. Walters claimed the ambiguity in the first version left room for listeners to believe it was his testimony in court.
Walters distributed a cease-and-desist letter Monday to broadcasting companies to stop running the advertisements .
“I firmly believe in the First Amendment right to free speech, but people should not be allowed to get away with behavior that irresponsibly maligns the character of those of us who seek public office,” Walters stated in a Friday afternoon release.
“The only way we can clean up this type of outrageous behavior is to fight it using all means available.”
The lawsuit was filed in Kanawha Circuit Court against Katz Radio Group, West Virginia Family Values and Steve Smith, the treasurer of that political action committee. Rusty Webb is Walters’ lawyer.
Walters claims the advertisement depicts him as dangerous to children.
Walters seeks compensatory and punitive damages. He also wants an immediate retraction.
Earlier Friday, West Virginia Family Values political director Lou Ann Johnson defended the advertisement.
“We stand by the ad,” Johnson said. “It was clear to us that we’re talking about their leader in the senate. We didn’t mention Mitch by name. But we feel like that’s a relevant question to ask the Republican candidates who are running with him. If they prevail, he may end up being Senate president, lieutenant governor.”
Carmichael also disputes the characterization of his testimony. He says he was asked by the defendant’s attorney, George Cosenza, to testify about his brief encounters and acquaintance with his client.
Carmichael released a statement from Cosenza saying, “Senator Carmichael complied with my request to provide testimony as to how he knew defendant, Cecil Hinzman. He did not seek or volunteer to testify. Senator Carmichael honored my request by telling the truth. In no way did Senator Carmichael defend the actions of Mr. Hinzman. He answered forthrightly and truthfully as to his very limited knowledge of the defendant.”
Carmichael added that he does not condone any sort of sexually predatory behavior toward children.
“I have repeatedly stated that crimes against children, especially of a sexual nature, are abhorrent. I pray for the victims in these cases, and I would humbly ask the West Virginia Family Values PAC to stop their deceptive and misleading scheme. These children, and those who love and care for them as they work to heal their emotional scars, deserve better.”