The Lima News wins libel lawsuit

Feb. 23—LIMA — The Lima News successfully defended itself against a libel lawsuit over an opinion piece on Thursday, after the Lima man who filed the case dropped it midway through jury selection.

Leonard Bingham, Jr., 55, an inmate at the Allen Correctional Institute serving a 12-year prison sentence on drug-related convictions, had filed the lawsuit alleging defamation of character by an editorial that appeared in the Jan. 13, 2019, edition of the newspaper.

The editorial referred to Bingham as a "drug dealer, found guilty by a judge of preying on others by selling ... marijuana," and Bingham stated in his lawsuit that he was convicted of possession rather than trafficking, arguing that the statements "were not a substantially accurate report of official judicial records."

The lawsuit sought in excess of $25,000 in punitive and compensatory damages from The Lima News and parent company AIM Media Midwest.

The dismissal came after Bingham, serving as his own lawyer, questioned potential jurors and The Lima News lawyer John Bussian began his questioning. Jurors left for a lunch break, and upon his and newspaper's lawyers' return, Bingham told Allen County Common Pleas Court Judge Terri Kohlrieser that he wanted to dismiss the case with prejudice, meaning he cannot sue the newspaper again for the Jan. 13, 2019, editorial.

Kohlrieser dismissed the case with prejudice on the condition that an entry with both parties' signatures goes into the record within 45 days. The parties will be responsible for their own court costs, and no damages will be paid.

Bingham had not subpoenaed any witnesses to testify in his case but would be allowed to testify on his own behalf in a narrative format. He was denied permission to appear in civilian clothing, for which he filed a motion Wednesday. Kohlrieser said he does not have that constitutional right in a civil case, and security concerns prevented her from allowing the clothing.

Bingham pleaded no contest in October 2018 to charges of possession of cocaine and marijuana and for the illegal manufacture of drugs, along with one count of having a weapon under disability and possession of marijuana. He was found guilty by the court of all charges against him.

Bingham had previously filed a libel lawsuit against The Lima News for the same editorial, asking for in excess of $50,000 in damages. He voluntarily dismissed the suit in July 2020, filing the second lawsuit in July 2021.

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