Woman says defamation suit not filed within time limit

John Suayan, Galveston Bureau Oct. 3, 2011, 3:00pm

GALVESTON - A woman sued over reportedly false criminal accusations recently submitted an amended answer to the lawsuit against her.

According to the three-page document filed Aug. 31 in Galveston County Court at Law No. 3, Tonya J. Moore fields a series of affirmative defenses along with her general denial opposite to Bert McWilliams's allegations.

As previously reported, McWilliams insists Moore made dubious claims against him which led to his arrest, a lawsuit filed March 9 states.

He asserts the defendant intentionally and falsely reported to the Texas City Police Department that she was assaulted by him on Feb. 15, 2008.

The charges in question remained pending until they were formally dismissed by the Galveston County District Attorney's Office in March 2009.

McWilliams also mentions that Moore committed fraud "by intentionally not disclosing to the plaintiff the existence of funds acquired during their marriage that she had secretly placed into an account in her name at ACU of Texas" despite a formal request for such information made during divorce proceedings between the two parties.

Moore's answer argues that the plaintiff failed to bring his action for slander and defamation within one year after the day of the cause of action.

It says Moore "would plead and prove the statements which the plaintiff alleges to be false" in the event of a trial.

The response further explains that McWilliams knew about the account he thought to be hidden and failed to disclose said account in his inventory in the subsequent divorce action, adding he received and accepted $500 from the defendant.

Attorney Todd W. Deatherage of Galveston is representing Moore.

Cause No. 64,863

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