Alum Legal Victory in Ohio

Jurors Order Stalker To Pay Victims For Internet Harassment

Story from the Ohio Post Dispatch

Two female musicians have been awarded $105,000 from a man who had been convicted of stalking them and then apparently used the Internet to break his promise not to contact them. Althought the women don't expect to see all or perhaps any of the money awarded by a Franklin County jury, it's the principle that counts, one of them said. I hope that this will set an example and help other people in similar situations," said Ann Spurgeon, 32.

In 1999, John Baba, now 32, was convicted in Municipal Court of menacing Spurgeon and Tera Stockdale by stalking them. The women had been members of such local bands as Mudflap Girls from Venus and Miss May 66. Stockdale, 27, is in the band Di Di Mao; Spurgeon no longer lives in Ohio.

Baba had sent many letters to the women during a two-year period. The letters contained obscene and violent language. Baba repeatedly called one of the women for a year, according to the lawsuit. He lived in Indiana when the lawsuit was filed but now lives in Columbus, his attorney said.

As part of a settlement in the criminal case, Baba agreed never to again contact the two women. In exchange, they agreed not to pursue civil action against him. But in January 2000, Baba began posting Internet messages on Cringe.com, a local music Web site, where the women listed where their bands were playing, according to the lawsuit. Using a fake name, Baba sent responses to Stockdale's postings.

"He took part in a public discussions mentioning me by mame, about my band and women in local bands," Stockdale said in the court document.

Baba's postings were profane, derogatory and harassing, according to court records.

Stockdale noticed that the writing style of the postings was similar to that of the letters sent by Baba. She contacted Baba's probation officer. Baba admitted posting some of the messages under the name "Don Pijote," according to a court document. A couple of the messages included quotations from English author Alistair Crowley, who is known for his profanity and sexually explicit writings, according to the document. Baba was sentenced in April 2000 to 30 days in jail for violating probation by engaging in an offensive course of conduct.

The women then filed their lawsuit, represented by attorney Leah Reibel. ['91] In the civil trial, a jury found that Baba had violated the settlement agreement. The jury awarded a total of $70,000 to Stockdale and Spurgeon, plus $35,000 for their legal fees. The award included $50,000 in punitive damages, which defense attorney Elizabeth Ayres Whitman indicated typically are not awarded in breach-of-contract cases. Whitman noted that the trial judge in the civil case, John Martin, threw out three of the women's claims during the trial, including an attempt to collect for infliction of emotional distress.

Without the emotional-distress claim, Whitman questioned whether the jury could award punitive damages. However, she has not decided whether to appeal the jury's decision or award.

The criminal case is under appeal, she said. As part of the probation in that case, Baba was ordered to receive counseling.

Whitman described Baba as "very intelligent and creative." "He is a very well educated man. He has a master's degree. He was working on a Ph.D."

tdoulin@dispatch.com