The parents who accused a former schoolteacher of molesting their children could rack up at least $20,000 each in legal bills as they begin their defense in a massive defamation lawsuit, one Chattanooga lawyer said.
Tonya Craft's ex-husband, Joal Henke, submitted a motion Monday to dismiss the claims in the $25 million lawsuit lodged against him and 14 others. In the suit, they are accused of conspiring to bring false allegations and manipulating the three children who said they were molested by the former teacher.
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Staff photo by Allison Kwesell/Chattanooga Times Free Press - Tonya Craft talks with friends after her custody hearing with her ex-husband, Joal Henke, at the Hamilton County Circuit Courthouse in Judge Marie Williams' courtroom Monday.
On May 11, Ms. Craft was found not guilty of 22 child molestation and related charges filed against her when a Catoosa County, Ga., Superior Court jury rejected claims by parents, friends of the parents and child therapists that she molested three girls, including her own daughter, while working as a kindergarten teacher in Chickamauga.
Documents similar to Mr. Henke's motion followed all week long as defendants, including the Catoosa County government and the therapists who worked with the children, begin the process of responding to Ms. Craft's allegations.
Chattanooga attorney and civil litigator Bill Colvin said the cost to the parents easily will skyrocket into the five figures if they want to defend themselves effectively. Transcripts of depositions alone, which are very common in civil litigation, can cost at least $500, he said.
"It will be extremely expensive," said Mr. Colvin, who is not involved in the lawsuit.
In an apparent effort to defray costs, Mr. Henke and the other defendants are asking a federal judge to allow them to postpone answering requests for information from Ms. Craft's attorneys until he rules on the many motions to dismiss the case.
"The burden of massive, protracted discovery would be financially devastating to them," writes Mr. Henke's attorney.
Court documents indicate Ms. Craft's private investigator more than a year ago informed accusers of the potential for litigation in the event of her acquittal.
By then, Ms. Craft said she already had spent about $500,000 trying to clear her name.
It took Ms. Craft fewer than two weeks to file the civil lawsuit in U.S. District Court in North Georgia, a 52-page complaint that says the adults involved in the case against her "intimidated and manipulated" the alleged child victims and ruined her reputation by calling her a "sexual pervert" and "a physically assaultive and abusive parent."
By Thursday, only one defendant, therapist Laurie Evans, who counseled the three alleged victims, had filed an official answer to the lawsuit. Ms. Evans denied all allegations of professional malpractice and also filed a motion to dismiss the lawsuit for what appeared to be a technicality.
"(Georgia law) requires that (Ms. Craft) file an expert's affidavit with her complaint in order to pursue claims for professional malpractice," Ms. Evans' attorney states in the motion. "If she fails to do so, all such malpractice claims must be dismissed."
Mr. Henke wants the lawsuit dismissed based on claims that Ms. Craft has failed to show why he is liable for alleged unlawful conduct.
Ms. Craft accuses Mr. Henke of "repeatedly and suggestively" questioning their daughter and telling their daughter that Ms. Craft "lied to the police and lied to a lot of people."
"The burden of massive, protracted discovery would be financially devastating to them," writes Mr. Henke's attorney
As opposed to what they did to Tanya? Poor little crybabies, doesn't feel so good when it is being done to them. $20,000 is a drop in the bucket compared to what it has caused Tanya. I hope all those named in the suit have to pay thru the nose. The down side is Catoosa will pass it on the the txpayer, the county corruption policy, Need some house keeping in the jusicial system in Catoosa, courts and cops, they don't look to good in the media lately, Idiots.
Indeed, enuf. You go, Ms Craft.
What goes around comes around!!!
As the late great John Lennon once sang "Instant Karma gonna get to you..." I hope all the accusers end up in bankruptcy!
With all the is going on in Catoosa County, it appears it needs to renamed Hazzard County, since Roscoe is the sheriff, I just keep wondering where is Boss Hogg?
Priceless. Minus the last two years of hell for Ms. Craft, justice.
As usual, the lawyers are laughing all the way to the bank.
They should rename Catoosa County, GA to Hazzard County, GA. The law and judicial system (or lack there of) seems to take a page from "The Dukes of Hazzard".
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