In what looks like a suit by the old political guard against the new, the low tech against the high tech, and the status quo power brokers against the clean government reformers, there are libel lawsuits all over South Philly, see:

http://www.hallwatch.org/news/1129587445957

Vern Anastasio sang about his success getting blighted, politically connected property developed in an openly competitive, honest manner that honored all stakeholders, and Hallwatch printed a copy of that note.

Anastasio made full use of technology using the www.dumpfumo.com website, emails, and other online organizing strategies.

Then the upstart ran against DiCicco and lost. Now Anastasio is getting sued by affiliates of his political rival.

For his trouble to inform the community about local SP goings on, Goppelt got a bit of the old ugly treatment from Frank DiCicco himself with a threat of libel for reprinting the Anastasio editorial.

Franky baby, you look a bit desperate. Are you going to sue me too?

"3 Fumo Aides and Ally Sue for Libel"
By Ed Goppelt Tuesday, 10/18/05 (1129587445957)

"In the past 18 months, four libel lawsuits have been filed against former political opponents of state Senator Vincent J. Fumo and City Councilman Frank DiCicco. Three of them were filed by Fumo employees, the fourth by DiCicco.

The lawyer representing the plaintiffs in every complaint is Marc T. Sacchetta, a 31-year-old law school classmate of Councilman DiCicco's son, Christian.

Christian DiCicco works for Fumo. Sacchetta is the junior associate of Sacchetta and Baldino, a three-member firm of personal injury lawyers in Media, Delaware County. Sacchetta graduated from Widener University School of Law in 1999 and from St. Josephs University in 1996.

Suits target former political opponents

Two of Sacchetta's suits target Councilman DiCicco's opponent in the 2003 election --- Vern Anastasio. The other suits target Fumo's political opponents in 2004 -- Jack Morley and Nora Truscello.
The Anastasio Suits

In separate complaints filed this summer, Councilman DiCicco and his son said they were falsely and maliciously defamed by Anastasio.

Anastasio campaigned briefly for DiCicco's seat in 2003 before being bumped from the primary ballot on a technicality. Councilman DiCicco said he was defamed in a Daily News story in which Anastasio questioned DiCicco’s mental stability after the councilman lost his temper at a public meeting. The Daily News wasn't named as a defendant.

Christian DiCicco said he was defamed by a letter Anastasio sent to neighborhood businesses criticizing the Passyunk Avenue Business Improvement District (BID). In the letter, Anastasio questioned the 32-year-old DiCicco's qualifications to run the district and suggested the district was ``a way to set up an operation for a councilman's son.''

The www.dumpfumo.com suits:

The suits by Fumo's aides target former political opponents of Fumo. In separate complaints, Fumo's chief of staff, Charles Hoffman, and aide Tracy D'Alonzo alleged that Morley and Truscello defamed them on Truscello's Web site, dumpfumo.com.

Truscello is the sister of Dr. James Tayoun, who lost to Fumo in the 2004 Democratic primary by a margin of almost 2-to-1 (21,400 vs. 12,324 votes). Tayoun and Truscello are the children of former Councilman Jimmy Tayoun.

Morley lost to Fumo in the general election by a margin of almost 4-to-1 (88,935 vs. 23,073 votes).

The Web site www.dumpfumo.com first attracted notice in February 2004. Though the focus of the site was Fumo, it included a page on his aides. Fumo is not part of the suits.

In her April 2004 suit, D'Alonzo and her husband said a Daily News article republished on the Web site incorrectly identified her as the recipient of a federal subpoena.

In his March 2005 complaint, Hoffman said the site republished an e-mail from Morley that incorrectly identified Hoffman as being named in a federal indictment.

Suits not about money

In each case, the defendant is a private individual without the means to pay a large settlement.

The Daily News, with daily readership of over half a million, isn't named as a defendant in the two complaints that involve its article. Under Pennsylvania law, a newspaper that republishes defamatory speech is as liable for damages as the original author.

Damages appear excessive

Damages in libel cases are supposed to bear some sort of relation to the number of people who have read the libel, according to Lucy Dalglish of the Reporters Committee for Freedom of the Press in Arlington, Va.

``If some flyspeck Web site publishes it, maybe you're entitled to a buck,'' Dalglish said.

In only one case -- Frank DiCicco v. Anastasio -- was the alleged libel read by a large number of people. In the three other cases, Hallwatch estimates that the alleged libel was read by fewer than 100.

In each case, the plaintiffs have demanded damages in excess of $50,000 and requested a jury trial. The wait for a major jury trial in Philadelphia is three years.

The Sacchetta Suits

* Tracy and Russell D'Alonzo v. Nora Truscello & Jack Morley (4/04)
* Charles Hoffman v. Nora Truscello and Jack Morley (3/05)
* Christian DiCicco v. Vernon Anastasio (6/05)
* Frank DiCicco v. Vernon Anastasio (8/05)

The Sacchetta Suits--part 1 of a multipart series examining the use of libel suits by public officials and their staff. Tomorrow: A Strategic Law Suit Against Public Participation?

Note to the reader: Hallwatch began looking into this story after receiving this libel threat from Councilman Frank DiCicco for republishing this announcement by Anastasio. Hallwatch made every effort to be fair to the subjects of this story, but did want the public to be aware of its own involvement in the story."

A libel suit over comments on DiCicco's mental capacity demand $50,000; Committee of Seventy Head states that comments on the mental capacity of a politician fair game if "respectful."

Libel lawsuits are the latest SP weapon to prevent criticism or even possibly to run an opponent out of money.

However, given that Mariano himself has made mental issues front and center, the issue is going to come up again for the press and for those who are running against a politician, even one who may have brought the issue of mental capacity into the fray with his own behavior.

"Libel Defendants: Suits Won't Shut Us Up
By Ed Goppelt Friday, 10/21/05 (1129850193165) from www.hallwatch.org

"South Philadelphia activist Vernon Anastasio said the two libel suits he faces, plus a third, threatened suit, are intended to shut him up. In two separate actions, Councilman Frank DiCicco and his son Christian DiCicco are each demanding Anastasio pay them at least $50,000 for defaming them.

``Why is he [DiCicco] so afraid of what I have to say?'' said Anastasio. ``I'm just a guy from Ninth Street who thinks the future of our city could be better. I'm sued for exercising what I consider to be a fundamental constitutional right. They're trying to intimidate me.'' Anastasio ran briefly against DiCicco in 2003 before being bumped from the ballot on a technicality.

Over the past 18 months, a total of four suits have been filed against Anastasio and other defeated political opponents of state Senator Vince Fumo and Councilman Frank DiCicco. In each case the plaintiffs are represented by Marc T. Sacchetta, a 31 year old personal injury lawyer from Media, Delaware County.

In his suit, Councilman DiCicco alleges that Anastasio defamed him in a Daily News story in which Anastasio questioned the Councilman's mental stability after DiCicco lost his temper at a public meeting.

Zack Stalberg, head of the Committee of Seventy, thinks Anastasio went too far in his criticism of the Councilman. "It seems to me over the line when somebody suggests that a public official or private individual is mentally ill and the only evidence is an occasional outburst," said Stalberg. "If I'm DiCicco I wouldn't dignify it by suing him."

But said Stalberg "It's definitely legitimate to discuss physical or mental capabilities to hold public office--that's definitely fair game." The trick, said Stalberg, is that the questioning be respectful. Stalberg, who is the former editor of the Daily News, cited the stories his paper did on Councilman Thacher Longstreth's decline as an example.

As editor, it would have been Stalberg's call as to whether Anastasio's comments crossed the line into libel. The comments were not removed from the story.

Anastasio and DiCicco may meet again on a ballot, albeit not as direct competitors.

``I do not intend to challenge Frank DiCicco for the First District seat,'' Anastasio said. ``However, I do intend to run for whichever open seat happens to exist at the time of the 2007 primary, be it for the First District or an At-Large seat.''

Jack Morley was equally defiant. Morley ran against Fumo in 2004 and lost. Now Fumo chief-of-staff Charles Hoffman is suing Morley for defamation.

``It will not chill my adversarial nature vs. Vince Fumo,'' he said. ``It's not going to slow me down one bit. I'm not worried about it. As defendant, I get to make the motions the other side has to respond to. I'm going to force [Hoffman attorney Marc T. Sacchetta] to do a lot of work,'' Morley said.

Nora Truscello's brother Dr. James Tayoun lost to Fumo in the 2004 primary election. In April, 2004 Fumo aide Tracy D'Alonzo sued Nora Truscello for libel. Truscello declined to comment on the suit on the advice of her attorney.

How are these law suits being paid for? A source in the legal community estimated the cost of pursuing the 4 libel suits filed by Sacchetta at $10,000 per suit or $40,000 total.

The 32 year old Christian DiCicco didn't respond to 2 telephone messages followed by a letter sent to his home address asking him to discuss his suit against Anastasio. Christian DiCicco made $65,000 a year working for Fumo, according to a Philadelphia Inquirer report published in January 2004.

Likewise Fumo aides Hoffman and D'Alonzo did not respond to requests that they discuss their suits.

In response to written questions, Councilman DiCicco issued a statement through his legislative assistant, Brian Abernathy. ``All legal bills are being paid with Mr. DiCicco's private finances,'' wrote Abernathy. ``I must refer you to Mr. DiCicco's attorney for comment on who is being sued and why.''

Councilman DiCicco is paid $98,000 a year for his work on City Council.

Three calls to Sacchetta were not returned.

The Sacchetta Suits--the final part of a multipart series examining the use of libel suits by public officials and their staff.
Stories in the Sacchetta Suits Series

* 3 Fumo Aides and Ally Sue for Libel (10/18/05)
* A Strategic Law Suit Against Public Participation? (10/19/05)
* Fumo: I didn't know my employees were going to sue (10/20/05)
* Libel Defendants: Suits Won't Shut Us Up (10/21/05)

Note to the reader: Hallwatch began looking into this story after receiving this libel threat from Councilman Frank DiCicco for republishing this announcement by Anastasio. Hallwatch made every effort to be fair to the subjects of this story, but did want the public to be aware of its own involvement in the story."