COUNCIL BLUFFS — A Council Bluffs attorney said he hopes a message has been sent to political parties to stick to the issues during campaigns after his client was awarded $50,000 over a pamphlet mailed out by the state's Democratic Party.
An eight-member jury in Pottawattamie County District Court awarded Randy Higginbotham $50,000 this week, according to his attorney, Mark Rater.
Higginbotham was the focus of a pamphlet mailed out by the Democratic Party during the 2008 campaign for the Iowa House District 100 seat between Democratic incumbent Paul Shomshor and Republican challenger Scott Belt.
The pamphlet said that in 1994 Belt bailed out Higginbotham, who, the pamphlet said, was a convicted sex offender. At that time, Belt and Higginbotham were employees of Fran Oil Co.
"My client was charged but never convicted of any sexual-related offense," Rater said after Wednesday's jury decision. "The Democratic Party has been held liable for libel."
During the final days of the House campaign, the Daily Nonpareil newspaper reported that many House District 100 residents had received a pamphlet from the Iowa Democratic Party claiming that Belt bailed a "convicted sex offender out of jail." The Oct. 30, 2008, newspaper article also said a website was available where voters could find the truth about Belt.
Upon learning of the pamphlet, Higginbotham called it a "blatant lie."
Belt responded that he did put up bail for Higginbotham in November 1994, doing so at the request of his boss, company President Ed Morris.
Morris, in the 2008 article, said Higginbotham was never convicted as a sex offender.
Brooke Borkenhagen, press secretary for the Iowa Democratic Party in 2008, said in the newspaper article, "We stand by the piece. The facts are not in dispute."
Shomshor said in the article that the state party and its leadership were responsible for the website and the pamphlet. "I don't know any of the details."
Shomshor won the election, and Belt, a Council Bluffs City Council member at the time, was elected to the Pottawattamie County Board in 2010.
Rater said Wednesday what bothered him and his client was that Higginbotham became a focus in a campaign even though he wasn't a candidate.
"We want campaigns of all political parties not to do this, especially on somebody not running," Rater said. "He (Higginbotham) is happy that a message was sent to all parties that these campaigns need to be run honestly."
Rater said his client has been a model citizen since the 1994 incident. "He's happy for the verdict, but his intention is to let this go by."
Norm Sterzenback, executive director of the Iowa Democratic Party, said, "The plaintiff in this case pled guilty to serious assault and providing alcohol to a minor, after he was initially charged with sex abuse in the third degree, lascivious acts with a child and supplying alcohol to a minor. The plaintiff spent nearly a year in prison as a result.
"The Iowa Democratic Party relied on research, which was obtained and vetted by an independent firm. Unfortunately, the firm provided inaccurate information concerning the type of criminal conviction. We are currently seeking compensation from this research firm to cover the costs of this case.
"The Iowa Democratic Party continues to scrutinize research and campaign materials to ensure that they are both substantively and technically accurate."
Sam Roecker, communications director for the Iowa Democratic Party, said he could not disclose the name of the independent firm.
Copyright ©2012 Omaha World-Herald®. All rights reserved. This material may not be published, broadcast, rewritten, displayed or redistributed for any purpose without permission from the Omaha World-Herald.
