And the saga continues…
As we reported in October, JonBenét Ramsey's brother Burke filed a $150 million lawsuit against Dr. Werner Spitz who claimed in a radio interview with CBS Detroit that Burke "bludgeoned" his sister to death.
Earlier this week, the doctor filed a motion to dismiss the lawsuit altogether.
Related: JonBenét Ramsey Isn't The Only Case Waiting To Be Solved
However, Burke is refusing to stay silent. According to his lawyers:
"The motion to dismiss by Defendant Spitz is a standard media defense tactic. A correct interpretation of First Amendment law requires a denial of the motion. The United States Supreme Court has made it very clear that the First Amendment does not provide blanket protection to all statements characterized as opinion."
The statement continues to bash Spitz' theory:
"Spitz's statements conveyed that Burke Ramsey killed his sister. That accusation is capable of being objectively proven to be false. Further, Spitz's accusation was based on undisclosed facts and more importantly, false and distorted facts. Simply stated, Spitz's accusation is legally viewed as a statement of fact, not a protected opinion."
On the flip side, Werner's lawyers believe their client has a right to express his beliefs regarding the pageant queen's murder. They wrote in their motion:
"After twenty years, the death of JonBenét Ramsey remains one of our nation's most widely discussed and debated unresolved crimes. The First Amendment gives Dr. Spitz the 'breathing room' to express his point of view about it, just as it grants to every other American citizen with a hypothesis."
In a September interview with Dr. Phil, Burke vehemently denies any part in his sister's killing.
[Image via CBS.]
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