By HOLLY GASKILL
A lawsuit filed by Wells County Council member Brandon Harnish has been transferred to Boone County, as requested by the only named defendant.
Judge Kenton Kiracofe granted this motion Wednesday afternoon, following a hearing for the change of venue on the same day. The defendant, Brian Pollie of Zionsville, will bear any costs incurred by the transfer.
Harnish filed the complaint on Feb. 21 after several anonymous-facing Twitter accounts alleged Harnish had a history of sexual misconduct. Of the three social media accounts named in the complaint — @INDprogressives, @Uwuasssss and @REI-BJP — Pollie was the only named defendant. In Pollie’s response, he admitted to tweeting under the @REI-BJP handle.
During the change of venue hearing, Pollie’s lawyer, Richard Shoultz of Indianapolis, cited Trial Rule 75(A), which identifies protocol for a preferred venue where the plaintiff resides.
In response, Harnish’s lawyer, Jeffrey Heinzmann of Fishers, referenced the tweets named in the suit. In response to a tweet from Harnish, @Uwuasssss, identified as John Doe 2, stated, “I remember you from high school. Be a shame if others found out about your whole sexual assault thing….touching passed out girls. Ring a bell?”
Heinzmann claimed that this statement was enough evidence to assume Doe 2 is a resident of Wells County and, therefore, relevant to keeping the case where it was filed. Heinzmann also cited legal precedent for the matter.
However, Shoultz noted that, given the anonymous nature tweet, there’s no evidence to prove Doe 2 has ever lived in Wells County.
“That’s just mere speculation on part of the allegation that is being brought,” Shoultz stated. “What we do know is Pollie is a resident of Boone County … The rule is clear … that if any of the (requirements) 1-9 are met, then the case must be transferred to Boone County.”
Kiracofe concluded the hearing by stating he would review the cited materials; he later granted the motion. The jury trial has not yet been scheduled.
Harnish’s complaint alleges the three social media accounts knowingly falsely accused Harnish of sexual assault, ultimately to defame his reputation within the community. These allegations were made in response to Harnish’s January tweets opposing the signs at Bluffton’s city limits which state, “We are building an inclusive community.”
The complaint identifies Pollie allegedly contributing two statements to these accusations on Feb. 15.
The first was a quote tweet of a statement from John Doe 1, which reportedly included a group picture with Gov. Eric Holcomb and Harnish and the statement, “Our Governor is proud of this sexual predator. #Indiana”. Pollie reportedly added the statement, “He was going to be for a while, but now he is back and private. You know those sexual abuse claims hurt. At least he hangs with young girls and our governor. #gop #indiana”.
The second incident involved another quote tweet of the same tweet from Doe 1, where Pollie reportedly added, “A sexual predator would find his way into chess clubs and beauty pageants. Why is he there? #creepy #gop”.
In Pollie’s answer to the complaint, he asserts the statements are protected free speech and that Harnish bears a “higher standard to prove a defamatory statement” as a public official.
Harnish is seeking damages in an amount to be determined by a jury, along with compensation for his costs incurred in filing the suit.
holly@news-banner.com
