A man convicted in January on four counts of aggravated battery to a child has voluntarily dismissed his defamation suit against Madison County State’s Attorney Tom Gibbons and another individual for statements they made on TV and social media regarding the case.
Kamryn Kerr filed the lawsuit on Sept. 8 in Madison County Circuit Court against Gibbons and Peggy Wethington.
Wethington is the mother of the child.
According to Kerr’s complaint, during a Sept. 9, 2014, interview on KMOV TV Channel 4, Gibbons allegedly said Kerr severely beat his newborn baby, which the plaintiff claims was not true. Kerr says Gibbons also told additional media on two other occasions that the plaintiff broke his newborn baby’s ribs.
Kerr alleges Wethington made claims on Facebook that accused him of being responsible for the child’s injuries. Again, the plaintiff claims the accusations are false.
Kerr was convicted in January and was sentenced last month to 24 years in prison.
Kerr filed a motion for voluntary dismissal without prejudice on Sept. 11. He requested leave to refile the case within one year should he choose to do so.
Madison County Circuit Judge William Mudge granted voluntary dismissal on Sept. 18.
Kerr was representing himself in the case.
Madison County Circuit Court case number 15-L-1161