Madison - St. Clair Record

Tuesday, October 15, 2019

Man convicted of aggravated battery to child sues MC State's Attorney claiming defamation

By Robert Hadley | Sep 28, 2015

A man who was convicted in January on four counts of aggravated battery to a child, and sentenced Tuesday to 24 years in prison, filed suit against Madison County State's Attorney Tom Gibbons and another individual for statements they made on TV and social media regarding his 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 Kerr 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, whose attorney was not provided in the court filing, is seeking damages in excess of $50,000 to include litigation fees and punitive damages for the defendants’ alleged criminal conduct.

Madison County Circuit Court case number 15-L-1161.

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