State senator settles defamation lawsuit against consultant

FRANKFORT, Ky. (WTVQ) – Republican state Senator Ralph Alvarado of Winchester says he received a signed public apology as part of a settlement in his defamation lawsuit against Democratic political consultant Dale Emmons. During the campaign for the 28th Senate District in 2014, Alvarado, who is a medical doctor, sued incumbent R.J. Palmer of Winchester, and Palmer’s campaign consultant, Emmons, for defamation involving a campaign ad.

Alvarado claimed that the TV ad used edited courtroom footage to cast him as a drug dealer. Alvarado claimed the ad implied that he illegally prescribed $3,000 worth of oxycodone to a criminal defendant, when video from the court hearing clearly showed that the defendant had a valid prescription for OxyContin.

Alvarado’s attorney released the apology from Emmons in a news release on Wednesday. It said:

“In the 2014 race for the 28th District State Senate seat, we created a campaign
advertisement using courtroom video footage that we edited. The advertisement did
not disclose that the footage had been edited. The advertisement showed footage of a
patient of Dr. Alvarado’s who had been charged in court with criminal wrong-doing
involving narcotics. Dr. Alvarado had legally prescribed narcotics to his patient but the
edited footage made it appear as though Dr. Alvarado had been involved in the criminal
activity of illegally distributing narcotics to his patient. Dr. Alvarado was not involved in
any criminal activity. I am publicly apologizing to Dr. Alvarado for creating a
misimpression in the advertisement to the contrary. Dr. Alvarado was not involved in
his patient’s illegal drug activity.”

Signed,
Dale C. Emmons, Emmons & Company, Inc.

“The agreement with Dr. Alvarado makes clear that I did nothing wrong,” Emmons said Wednesday in a statement to the Lexington Herald-Leader newspaper. It reads:

“Settlement Agreement does not constitute an admission of any fault, liability, or wrongdoing, or the validity of the allegations, claims, or contentions of any party to this settlement agreement made in or asserted in the Clark Civil Action.”

Emmons told the newspaper that he conferred with his attorney and decided “it was time to move on.”

Alvarado’s legal battle against former state Senator R.J. Palmer continues.

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