A motion to dismiss an appeal by former South Orange-Maplewood Board of Education member Elissa Malespina in the “Friends of Frank” defamation ruling has been denied.
Malespina filed the appeal after a judge ruled last year that she pay $40K in legal fees to ‘Friends of Frank’ defendants.
Read more about the case here: Judge Orders Malespina to Pay $40K in Legal Fees to ‘Friends of Frank’ Defendants
In April 2025, Judge Jeffrey Beacham ruled that Malespina had “failed to establish a prima facie case as to each essential element of any cause of action in the Complaint, and/or Defendants have established that the Plaintiff has failed to state a cause of action upon which relief can be granted, and/or or there is no genuine issue as to any material fact and Defendants are entitled to judgment as a matter of law.”
Beacham identified Malespina’s suit as a SLAPP suit or or Strategic Lawsuit Against Public Participation, which New Jersey law describes as “meritless lawsuits intended to intimidate them for exercising their free speech rights.”
Malespina announced that she would appeal the decision and “seek all other remedies at her disposal.”
The defamation case was related to the arrest of Columbia High School Principal Frank Sanchez in March 2024 on a felony charge of child endangerment and a misdemeanor charge of simple assault related to a 2023 altercation with a 15-year-old Black female CHS student. A grand jury dismissed the felony charge against Sanchez in June 2024. Sanchez was reinstated as Principal days later, having been placed on administrative leave in January 2024. The misdemeanor charge was dismissed in Maplewood municipal court on April 17, 2025.
A grassroots group called “Friends of Frank” formed after his arrest to raise funds for Sanchez’s legal fees and held rallies in his support. Former BOE member Courtney Winkfield and Friends of Frank alleged that the Essex County Prosecutor’s Office had brought charges based on unvetted information that they said was inappropriately provided to the Maplewood Police Department by Malespina.
In December 2024, Malespina, who admitted that she did deliver a draft report regarding the altercation between Sanchez and the student to Maplewood police but did so because she is a “mandatory reporter,” filed a defamation suit against Winkfield and several members of “Friends of Frank” alleging the defendants “maliciously, intentionally, and/or recklessly defamed” her by stating she “acted in a criminal manner, acted in an unethical manner, and directly caused Principal Frank Sanchez, Principal at Columbia High School, to be arrested and charged with a felony and misdemeanor.”
In announcing that Malespina’s appeal would go forward, her attorney James H Davis III — who is also President of the Black Parents Workshop — said, “This ruling is a victory for due process. We refused to be intimidated by threats of sanctions or demands for a voluntary dismissal. The Court’s decision to hear this case in the normal course validates our commitment to seeing this matter through to a fair conclusion on its merits.”
Davis shared a December letter in which defendants’ counsel demanded that Malespina “withdraw and dismiss her appeal” and that the defendants “be entitled to a mandatory award of fees and expenses,” and, “Additionally and separately, if Plaintiff does not withdraw her appeal within 28 days and the dismissal is affirmed, we will also submit an application for fees and sanctions against both Plaintiff and your firm at an appropriate time.”
In denying the motion to dismiss the appeal, Judge Robert Gilson wrote, “The appeal will be heard in the normal course, and the parties can make their arguments to the merits panel.”
After the judge’s ruling against Malespina last year, defendants Courtney Winkfield, Rachel Fisher and Stefanie Nasteff said, “We are gratified that Judge Beacham followed the law and ensured that this effort to retaliate against us and negatively impact the SOMA community will finally come to an end. We fervently hope that these just results will prevent Malespina or anyone else from trying to use the courts to silence their neighbors. … Once the legal bills are paid in full, we plan to donate the remainder to nonprofits supporting marginalized youth. Thank you again to our families, friends, and neighbors for your unwavering support.”
