Candidate, newspaper publisher, columnist charged with defamation

? The publisher of this small southeast Kansas town’s weekly newspaper and one of its columnists are among three people charged with criminally defaming the city clerk.

Baxter Springs News publisher Larry Hiatt, columnist Ron Thomas and City Council candidate Charles How Jr. were each charged last week with one misdemeanor count of criminal defamation.

“It’s getting close to an election,” said Hiatt, who called the charges retaliation for his newspaper’s criticism of local officials. “Can you tell?”

The charges stem from two items that appeared in Tuesday’s edition of the newspaper.

One was a column, written by Thomas, that criticized City Clerk Donna Wixon and mayoral challenger Art Roberts.

“So with Art as mayor, and council members returned to office, here’s the picture,” the column read in part. “Those Roberts for mayor signs should be taken down, and (made) to read ‘Wixon for Mayor,’ and then we have Mayor Wixon, Wixon Springs City Council.”

An advertisement, paid for by How, also attacked Roberts and mentions Wixon.

The summons alleges that the items are false and written with malice, and that they expose Wixon to “public hatred, contempt or ridicule; tending to deprive such person of the benefits of public confidence and social acceptance.”

Wixon said the claims made in the newspaper were impossible to ignore and that she thought legal action was required.

Hiatt said the charges were another attempt by the city to stifle a free press.

He said city police had previously written him a citation for leaving his car running while unattended. The city judge dropped that charge when Hiatt pointed out that the officer who wrote the ticket wasn’t qualified to do so.

Hiatt said Wixon and City Atty. Robert Myers were using the court against him.

How disagreed that the city was trying to stifle his free speech rights and dismissed the charges as “kind of comical.”

“They’re not that smart,” he said.

Thomas called the charge “really ridiculous.”

Myers said he might request a special prosecutor so those charged would not be able to claim that the prosecution was biased against them.

“Some of these individuals have attacked me personally,” Myers said.

Hiatt, How and Thomas are to appear in city court April 11.