The US District Court Southern District New York ruled on October 17, 2005 against Ronald "Butch" DeFeo, ordering his “action closed.” This brings to an end nearly three years of legal struggles that Ric Osuna, author of The Night the DeFeos Died: Reinvestigating the Amityville Murders, has had to endure in order to validate his work and defend himself from the defamatory claims made by individuals looking to prevent his book from achieving the international recognition it has gained.
In February 2004, DeFeo brought a civil action against author Ric Osuna and his former publisher, good friend and Amityville colleague Ryan Katzenbach, claiming he lied in his book, made defamatory statements, and stole his property. Osuna always has maintained that the case was revenge, filed against him because he refused to help DeFeo profit from his crime. The case against Ryan Katzenbach was dismissed in July, when the court ruled DeFeo was libel proof. Osuna, on the other hand, held off until August to request a formal dismissal, which was recently granted after DeFeo could not address the merits of his case.
Osuna said, "I am pleased that the New York court, after carefully weighing all the evidence, has found that the accusations against me were without merit and has summarily dismissed the case. Far too long, certain individuals have called into question my character to prevent the truth from being reported and sabotage my diligent work. This court decision, like the others, has exonerated not only me, but also the individuals who have stood by me."
Ric Osuna is no stranger to legal action. In 2003, George Lutz filed a lawsuit against Ric Osuna arguing several absurd and self-serving claims that a court of law eventually dismissed. Like DeFeo’s action, Osuna feels the case was nothing but an attempt to bully him into silence. Representing himself, Osuna filed a 200+ page summary judgment that won four of the five causes of action. Although in the court proceeding Lutz never attacked any of the facts presented in Ric Osuna's book, Lutz tried to claim that Osuna was guilty of fraud, conversion of stolen property, trademark infringement over a domain name dispute, copyright infringement, and breach of contract. Despite the fact that in an earlier letter Lutz's attorney promised Lutz would "own" him, the court ruled in favor of Osuna, citing that Lutz's "mere scintilla of evidence is not enough to defeat a motion for summary judgment."
Explaining a summary judgment, Ryan Katzenbach said, "Ric, who moved for summary adjudication [judgment], had the burden of presenting evidence and facts that prove, SO CLEARLY, that he is right and the other side is wrong. In this case, George and his attorney had the upper advantage, frankly. Lutz's attorney was fighting a pro-se Defendant with no formal legal training or degree."
As the case neared the final showdown, Ric Osuna filed an 18-page motion, expecting to win his case with an involuntary dismissal of the last cause of action pertaining to the disputed domain name. The day before the hearing and upon the request of Lutz and his attorney, Osuna settled the last cause of action over the disputed domain name for no money or damages. "If any of the opposing parties in these proceedings would have had a leg to stand on," Katzenbach quipped, "they would have prevailed. THEY DIDN'T. George and his attorney had 80% of their lawsuit blasted out from under them by a 30-year old with no formal legal education. Apparently, our courts can still see the differences between right and wrong." Lutz settled the last claim for an amicable outcome to both parties. The case was dismissed.
However, Ric Osuna and Ryan Katzenbach were not the only party to prevail in the courts. Back in 2003, Butch DeFeo retaliated against his ex-wife Geraldine because, among other things, she would not remarry him. The lawsuit against Geraldine was nearly identical to the one he would eventually file against Osuna. As in Osuna’s case, the New York superior court found Butch DeFeo’s charges to be baseless. The case was dismissed, helping secure Geraldine DeFeo’s authenticity.
The results of these court cases further substantiate that Ric Osuna’s book, The Night the DeFeos Died: Reinvestigating the Amityville Murders, was based on the truth supported with factual information obtained through legitimate and proper methods. Osuna picked up the entire tab for the research, which amounted to more than $13,000 in expenses.
But, Ronald “Butch” DeFeo did not limit his accusations to court documents. He continued his defamatory remarks through sensational claims against Ric Osuna and Geraldine DeFeo made to various law enforcement agencies. Osuna contacted these agencies offering cooperation and proof of his innocence, being proactive with his defense. The U.S. Department of Justice, the Suffolk County District Attorney’s office and the Attorney General of New York State informed the embattled author that they had found no wrongdoing on his part. Disbelieving Butch's allegations, in an October 3, 2004 letter to Ric Osuna, the U.S. Department of Justice wrote that it "does not intend to initiate a criminal investigation regarding this matter." For the record, Osuna has never been arrested or a suspect in a crime and has even assisted law enforcement in criminal cases. In fact, Osuna has a clean record and, at the time, was a volunteer with the American Red Cross along with several other prominent community organizations.
"It is a great day." Osuna concluded, "The absurd allegations, along with the various parties who have resorted to character assassination, have been proven false. Their failure only reinforces the validity of the truth and corroborating research contained in my book and at my website."
THE AMITYVILLE MURDERSSocial Media