Plaintiff wants defense attorney barred from defamation case

John Suayan, Galveston Bureau Jul. 18, 2011, 2:15pm

GALVESTON - A Santa Fe attorney who alleges his hometown's police force defamed him is asking a local state district judge to disqualify the respondent's counsel.

Michael L. Aldous requests that Galveston County 10th District Court Judge David Garner bar Daniel Kreiger from representing Santa Fe police officer Eric Bruss and Silvia Sandoval, who he sued for making false statements in retaliation for his father's actions after a 2009 arrest.

Aldous filed the motion June 24.

According to court papers, the likelihood Kreiger will be called as a witness goes against the Texas Disciplinary Rules of Professional Conduct.

"In this regard, movant would show that the testimony of Daniel Kreiger is genuinely needed and is material in this lawsuit, relates to contested issues in this cause and is not merely a formality," they say.

The three-page document also points out that Kreiger may have been the alleged individual responsible for disseminating false information about Aldous to the media thus would be named a party in the suit.

It further cites Kreiger's connection in a non-related defamation case against his law partner on which the plaintiff is working and a conflict of interest between the parties in the case.

"Eric Bruss and Silvia Sandoval recently were divorced and a conflict of interest will arise as to which individual said what in reference to the contacts containing defamation," the motion says.

Aldous recommends a different attorney represent each defendant.

Case No. 11-cv-824

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