Santa Rosa commissioner-elect Kerry Smith opens defamation lawsuit over campaign mailers

Incoming Santa Rosa County Commissioner Kerry Smith just barely won the four-way race for the District 2 Republican primary in August.

Now, Kerry is suing several entities for defamation after mailers were sent out to county residents during the campaign that he says painted him as a "wife-beater."

The defamation complaint states Smith is seeking damages of over $30,000 from two different mail companies, Direct Mail Systems and Direct Response Campaigns. The lawsuit also names Nature Coast Conservatives, a self-described "electioneering communications organization" based out of Tallahassee, and Mark Zubaly, account executive with Direct Mail Systems.

The election: Kerry Smith clinches Santa Rosa District 2 commission seat after recount in Milton

Who is Kerry Smith? Kerry Smith: Candidate, Santa Rosa County Commissioner, District 2

Neither DMS nor DRC responded to the News Journal's request for comment. The News Journal was unable to reach the Nature Coast Conservatives.

On Aug. 8, Smith's legal representation sent out a cease and desist and retraction letter to Zubaly over the mailer.

The mailer depicts headlines about Cassie Carli, a Navarre woman who was found dead after she failed to return from a March 27 child custody exchange with an ex-boyfriend.

The reverse side of the mailer claims Smith was found guilty several times of domestic violence against his then-wife and violated probation after being found guilty, two claims Smith's cease and desist letter disputes.

The Nature Coast Conservatives group responded to the cease and desist letter Aug. 17 by saying it was ending production of the mailer.

"Without admitting or denying that the statements contained in the electioneering communication referenced in your correspondence are false … Nature Coast Conservatives has ceased further publication or distribution of that electioneering communication," the group's response reads. "In addition, without admitting or denying that the statements contained in the electioneering communication referenced in your correspondence are false, Nature Coast Conservatives agrees not to make any false statements of fact regarding Kerry Smith."

Alex Andrade is part of the legal team representing Smith. In a statement to the News Journal, Andrade said his "heart goes out to Cassie Carli's family and friends, who were forced to see her story used in such a disgusting and dishonest way."

Smith said regardless of how the primary election turned out, he planned on filing this complaint.

The trash war lawsuits in Santa Rosa: Trash war reignites: Adams Sanitation put on hold from servicing Santa Rosa south end

School district could sue vape makers: 36% of Santa Rosa high schoolers have tried vaping. The school district may sue over it

"There are better people than me that could probably have run for this office, who do not run because of this stupidity and because they know that this kind of crap goes on," Smith said in reference to people attempting to discredit political candidates.

According to case details from Polk County, Smith was arrested on suspicion of domestic violence battery in late 2003, but the case was eventually dropped. In another instance in 2004, he was given a notice to appear for a battery charge and pleaded no contest. This is a plea where a defendant does not accept or deny responsibility for the charges but accepts punishment.

Regarding the latter instance, Smith referred to the incident as a "street fight" with a man that ultimately led to him having to attend anger management classes.

Smith told to the News Journal that he used to be an alcoholic but said "you're not going to see me touching a woman."

Regarding the defamation suit, he said, "It's not about money, it's about truth and my name being cleared."

Andrade spoke to the fact that campaigning is difficult, and accusations like this make it more so.

"(Zubaly) should've known better than to fabricate a criminal record, and Commissioner-elect Smith deserves justice," Andrade's statement to the News Journal said.

Smith defeated three other candidates to win the Republican primary in August. The race was close, however, and required a pair of recounts between Smith and his closest competitor, Jeff Ates IV.

It was ultimately determined Smith won the election by about 60 votes.

Smith has no Democratic challenger in November and is set to take the seat held by longtime County Commissioner Bob Cole.

This article originally appeared on Pensacola News Journal: Kerry Smith opens defamation lawsuit over Cassie Carli campaign mailer