YOUNGSTOWN — Wendy Penniman of Broadview Heights has responded to a lawsuit filed against her last month by former Austintown trustee Jim Davis that alleged Penniman defamed him and caused him to lose November’s election for trustee because of false allegations against him.

The dispute stems from incidents from Dec. 27, 2005, when Penniman’s sister, April I. Morgan, and Davis socialized at two Austintown taverns and ended up at Davis’ condominium. There, they engaged in what Davis called “mutually agreed physical relations.”

Morgan filed a police report in Jan. 7, 2006, allenniman of Broadview Heights has responded to a lawsuit filed against her last month by former Austintown trustee Jim Davis that alleged Penniman defamed him and caused him to lose November’s election for trustee because of false allegations against him.

The dispute stems from incidents from Dec. 27, 2005, when Penniman’s sister, April I. Morgan, and Davis socialized at two Austintown taverns and ended up at Davis’ condominium. There, they engaged in what Davis called “mutually agreed physical relations.”

Morgan filed a police report in Jan. 7, 2006, alleging Davis raped her, but withdrew her complaint two days later. Morgan died of suicide years later.

Penniman’s filings this week in Mahoning County Common Pleas Court by attorney Matt Miller Novak of Cincinnati dispute Davis’ contention that Morgan “recanted her allegation that (Davis) raped her.” Instead, Morgan “decided not to pursue charges because of embarrassment,” Penniman’s filing states.

Penniman’s filing states that Davis “mischaracterize(d)” the contents of the police report that contains Morgan’s allegations and later decision to withdraw her complaint.

Penniman’s filing states that her sister accurately reported the date of the episode at Davis’ condominium as being Dec. 27, 2005, not Jan. 7, 2016. Penniman included a copy of the police reports in the case with the filing.

Penniman filed a response to Davis’ suit, denying many of the allegations, but also filed a motion asking that the suit be dismissed. It argues that Davis’ suit is “meritless on its face because eging Davis raped her, but withdrew her complaint two days later. Morgan died of suicide years later.

Penniman’s filings this week in Mahoning County Common Pleas Court by attorney Matt Miller Novak of Cincinnati dispute Davis’ contention that Morgan “recanted her allegation that (Davis) raped her.” Instead, Morgan “decided not to pursue charges because of embarrassment,” Penniman’s filing states.

Penniman’s filing states that Davis “mischaracterize(d)” the contents of the police report that contains Morgan’s allegations and later decision to withdraw her complaint.

Penniman’s filing states that her sister accurately reported the date of the episode at Davis’ condominium as being Dec. 27, 2005, not Jan. 7, 2016. Penniman included a copy of the police reports in the case with the filing.

Penniman filed a response to Davis’ suit, denying many of the allegations, but also filed a motion asking that the suit be dismissed. It argues that Davis’ suit is “meritless on its face because (Penniman’s) speech enjoys First Amendment protection as a matter of law.”

The filing states that it is “well established that a public figure’s defamation claims against his critics require a showing that the defendant made statements (1) that she knew were false, or (2) that she made them with reckless indifference for the truth.”

“Davis’ claim should fail now as a matter of law, so he cannot continue to harass April’s little sister for her protected speech regarding a public figure’s alleged criminal misconduct,” the Penniman filing states.

The filing acknowledges that Penniman criticized Davis during his 2021 re-election campaign for trustee, saying she “exercised her First Amendment rights to criticize Davis regarding his alleged sexual assault of her sister, April Morgan.”

She also acknowledged that she criticized Davis during the public comment period of an Austintown Township trustees meeting.

The Vindicator looked at Penniman’s Facebook page and found a video of a woman reading a statement at an Austintown Township meeting regarding rape allegations against Davis.

She was interrupted during the reading of the statement, at one point stating loudly, “my sister is dead, dead,” adding, “You’re a predator, and you’re sick.” She continued, “You’re over, dude.”

Penniman stated in her filings that the “entire police report file actually shows that (Morgan) re-engaged police and tried to pursue charges again in 2009.”

It adds, “The police report shows that (Morgan) always maintained in her statements to police that (Davis) sexually assaulted her regardless of her decisions on whether to pursue charges.”

According to a copy of a January 2006 police report included with the filings, Morgan told Austintown police she wanted the charges against Davis “dropped, stating she does not want anything further done. She stated that the families have known each other for 10 years and this would just cause problems.”

The report went on to state that there were no medical records or a rape kit related to the incident with Davis “as she did not go to the hospital. She stated she had said that she went to the hospital to appease her boyfriend and that is also why she made the report.”

Penniman’s filing adds, “Nowhere in the entire police report does (Morgan) ever suggest that she filed a “false police report.”

erunyan@vindy.com