The New York Supreme Court has granted a motion by Alcor to amend its lawsuit against Defendants, Larry Johnson, co-author, Scott Baldyga, and publisher Vanguard Press. The lawsuit now includes dozens of defamation claims, including numerous claims related to false allegations of mistreatment of Ted Williams and other claims for defamation per se. There is an even larger volume of false and misleading statements in the book “Frozen” than encompassed by these claims, but Alcor believes that these claims are sufficient for proving in court that the book by Johnson and Baldyga was written and published maliciously with false information intended to harm Alcor. The lawsuit additionally includes causes of action for Breach of Agreements and Judgment, Breach of Fiduciary Duty, Conversion (theft of company property), and Aiding and Abetting Breach of Court-Entered Judgments against Johnson.
The New York Supreme Court also approved a motion to domesticate in New York the Arizona judgment against Larry Johnson that has been in place since July 7, 2009. This domesticated judgment requires Johnson to return all materials he took from Alcor, including materials distributed to third parties, and prohibits him from making any statements about Alcor. Since this Judgment is now enforceable in New York, it will support the next request for the New York publisher to cease and desist from continued publication of the subject book and to return any Alcor materials Johnson provided to his publisher.
It should provide some reassurance to Alcor members and their families to know that courts are supporting return of records to Alcor, and that any disclosures of Alcor records by Johnson were completely inappropriate. Neither Johnson, Baldyga or Vanguard even attempted to argue “free speech” in opposition of the Motion to Domesticate the Arizona judgment.
Alcor continues to contend that Larry Johnson’s book and media appearances in October 2009 and thereafter were knowing violations of the Arizona judgment. It was admitted in court documents that Mr. Johnson knew as early as September 17, 2009, about the Arizona injunction. Notwithstanding entry of the Arizona judgment and the New York order, Johnson continues to violate both orders requiring the return of materials to Alcor.
In January, 2010, Larry Johnson and his wife failed to appear in Arizona for mandatory depositions, and they failed to appear at a court-ordered hearing in which he was required to show cause for his past and ongoing violation of the July 2009 Arizona judgment. Alcor has since filed a motion for a summary order of criminal and civil contempt against Johnson. The court ordered that Johnson and his wife explain and prove in writing their reasons for non-appearance. Johnson has once again refused to comply with court orders, and he has failed to provide any written basis for his non-appearance at depositions. In fact, counsel for Mr. and Mrs. Johnson in Arizona filed a motion to withdraw as counsel due to “unresolved issues between the clients and counsel.” Alcor awaits entry of a summary order of criminal and civil contempt against Johnson and intends to seek extradition of Johnson from Nevada to Arizona to answer for his conduct.
It has always been Alcor’s contention that Larry Johnson’s activities were not only in violation of court orders and patient privacy, but also based on lies. The addition of defamation claims to the lawsuit in New York now provides Alcor with an opportunity to prove this in a court of law.