Mayor Tim Keller campaign considers 'legal options' against Manny Gonzales for 'defamatory claims'

"Accusing somebody of having an affair or accusing somebody of covering up a claim is defamatory. Absolutely. " Marty Esquivel, a media law lawyer, said.

"Accusing somebody of having an affair or accusing somebody of covering up a claim is defamatory. Absolutely. " Marty Esquivel, a media law lawyer, said.

MEXICANS HAVE ALREADY CAST THEIR BALLOTS. MAYOR TIM KELLER’S CAMPAIGN IS CONSIDERING LEGAL OPTIONS AGAINST CANDIDATE MANNY GONZALES FOR PERCEIVED DEFAMATORY CLAIMS DURING A LIVE TELEVISED DEBATE. ACTION 7 NEWS REPORTER STELLA SUN JOINS US LIVE IN ALBUEUQRQUE AFTER SPEAKING WITH LEGAL EXPERTS. CANDIDATE MANNY GONZALES DIDN'’ -- STELLA: CANDIDATE MANNY GONZALES DIDN’T HOLD BACK AND ACCUSED MAYOR TIM KELLER OF A NUMBER OF THINGS, INCLUDING PLAYING A ROLE IN COVERING UP A DOMESTIC VIOLENCE INCIDENT. LAWYERS I SPOKE WITH SAY IF KELLER SUES GONZALES FOR DEFAMATION, IT MAY NOT HOLD UP IN THE COURTS. DURING A POLITICAL CAMPAIGN, IT’S COMMON TO SEE CANDIDATES ATTACKING EACH OTHER. BUT DURING A LIVE T.V. MAYORAL DEBATE, IT GOT PERSONAL BETWEEN CANDIDATE MANNY GONZALES AND MAYOR TIM KELLER. PERSONAL TO THE POINT THAT KELLER’S TEAM IS QUOTE, PURSUING LEGAL OPTIONS AGAINST THESE DEFAMATORY CLAIMS. >> DEFAMATION IS BASICALLY A FALSE STATEMENT OF FACT, THAT IS HARMFUL TO SOMEONE’S REPUTAONTI OR LESSONSR OSTANDING IN THE COMMUNITY. STELLA: THAT'S’MARTY ESQUIVELA, SANTE FE MEDIA LAW ATTORNEY. I ASKED HIM IF GONAZLES’ ATTACKS TOWARDS KELLER IS CONSIDERED DEFAMATORY. >> ACCUSING SOMEBODY OF HAVING AN AFFAIR OR ACCUSING SOMEBODY OF COVERING UP A CLAIM IS DEFAMATO.RY ABSOLUTELY. THERE’S NO QUESTION IN MY MIND IT’S DEFAMATORY BECAUSE IT LESSENS SOMEBODY’S STANDING AND REPUTATION COMMUNITY. STELLA: ESQUIVEL SAYS 90% OF ALL DEFAMATION CLAIMS INVOLVING PUBLIC OFFICIALS GET DISMISSED INOU CRT BECAUSE IT’S DIFFICULT TO PROVE A DEFAMATORY STATEMENT CAUSED HARM. >> YOU HAVE TO PROVE IN NEW MEXICO, YOU HAVE TO PROVE ACTUAL DAMA.GE IF YOU’RE BRINGING A DEFAMATION SUIT AGAINST SOMEONE. STELLA: KOAT LEGAL EXPERT JOHN DAY YSSA DAMAGES CAN INCDELU FINANCIAL IMPACT, OR SOMEONE LOSING THEIR JOB. OVER THE YEARS, THERE HAVE BNEE THESE SORT OF CASES BROUGHT BY POLITICIANS SUING EACH OERTH SAYING YOU DEFAMED ME. IT’S REALLY HARD TO WIN THOSE BECAUSE GENERALLY POLITILCA SPEECH IS PROTECTED. STELLA: BOTH LAWYERS SAY THEY’RE NOT REGISTERED TO VOTE IN I REACHED OUT TO THE GONZALES’ CAMPAIGN TODAY AND I DID NOT HE BACK.AR STELLA SUN KOAT ACTION 7 NEWS. RON: TARGET 7 DID A DEEP DIVE INTO SOME OF THE CLAIMS MADE BY GONZALES YESTERDAY, AND IF THERE WAS EVIDENCE TO PROVE ANY OF IT, IF YOU MISSED THAT REPORT, YOU

Mayor Tim Keller campaign considers 'legal options' against Manny Gonzales for 'defamatory claims'

"Accusing somebody of having an affair or accusing somebody of covering up a claim is defamatory. Absolutely. " Marty Esquivel, a media law lawyer, said.

Following a live TV debate on Tuesday, Albuquerque Mayor Tim Keller's campaign tells KOAT they are "pursuing legal options" against candidate Manny Gonzales.During a political campaign, it's common to see candidates attack each other. But during a mayoral debate on KOB, it got personal between Gonzales and Keller. Personal to the point that Keller's team is "pursuing legal options against these defamatory claims.""Defamation is basically a false statement of fact, that is harmful to someone's reputation or lessons or standing in the community," Marty Esquivel, a media law attorney, said. KOAT asked Esquivel if Gonzales' attacks towards Keller is considered defamatory."Accusing somebody of having an affair or accusing somebody of covering up a claim is defamatory. Absolutely. There's no question in my mind it's defamatory because it lessens somebody's standing and reputation community," Esquivel said.Esquivel added 90 percent of all defamation claims involving public officials get dismissed in court because it's difficult to prove a defamatory statement caused harm."You have to prove in New Mexico actual damage, if you're bringing a defamation suit against someone," KOAT legal expert John Day said.Day added damages can include financial impact or someone losing their job."Over the years, there have been these sort of cases brought by politicians suing each other saying you defamed me," Day said. "It's really hard to win those because generally political speech is protected."

ALBUQUERQUE, N.M. —

Following a live TV debate on Tuesday, Albuquerque Mayor Tim Keller's campaign tells KOAT they are "pursuing legal options" against candidate Manny Gonzales.

During a political campaign, it's common to see candidates attack each other. But during a mayoral debate on KOB, it got personal between Gonzales and Keller. Personal to the point that Keller's team is "pursuing legal options against these defamatory claims."

"Defamation is basically a false statement of fact, that is harmful to someone's reputation or lessons or standing in the community," Marty Esquivel, a media law attorney, said.

KOAT asked Esquivel if Gonzales' attacks towards Keller is considered defamatory.

"Accusing somebody of having an affair or accusing somebody of covering up a claim is defamatory. Absolutely. There's no question in my mind it's defamatory because it lessens somebody's standing and reputation community," Esquivel said.

Esquivel added 90 percent of all defamation claims involving public officials get dismissed in court because it's difficult to prove a defamatory statement caused harm.

"You have to prove in New Mexico actual damage, if you're bringing a defamation suit against someone," KOAT legal expert John Day said.

Day added damages can include financial impact or someone losing their job.

"Over the years, there have been these sort of cases brought by politicians suing each other saying you defamed me," Day said. "It's really hard to win those because generally political speech is protected."

Mayor Tim Keller campaign considers 'legal options' against Manny Gonzales for 'defamatory claims'

"Accusing somebody of having an affair or accusing somebody of covering up a claim is defamatory. Absolutely. " Marty Esquivel, a media law lawyer, said.

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