From the Atlanta Journal Constitution:
Smyrna gun shop owner vows to fight NY ruling
By DAVID HO
Cox News Service
Published on: 06/02/08
New York -- Smyrna gun shop owner Jay Wallace ended his current courtroom fight against a New York City lawsuit on Monday, saying that the trial was unfair and he accepted a judgment against him so he could appeal to a higher court.
"I wasn't getting a fair shake here in this court, so why should I continue?" Wallace said after the morning's legal action.
New York Mayor Michael Bloomberg called the judgment a victory, but Wallace said his defense against accusations that he mishandled gun sales is far from over.
"David is still fighting Goliath," he said.
Wallace's Adventure Outdoors in Smyrna was one of more than two dozen gun shops named in federal lawsuits brought by New York City in 2006. The city accused dealers of sales practices leading to illegal guns being used in Big Apple crimes.
Most of the shops settled, agreeing to have their businesses monitored, but Wallace chose to go to trial and filed a $400 million countersuit accusing Bloomberg of libel.
On Monday, Bloomberg called the default judgment "as good as a win at trial."
"Today's decision by Mr. Wallace to surrender his opportunity to defend his case at trial paves the way for the court to appoint a monitor of Adventure Outdoors," Bloomberg said in a statement. "We have always said that we have no interest in bankrupting gun dealers, only in ensuring that they follow federal laws."
Jury selection in Wallace's trial began last week. Opening arguments in the Brooklyn court had been planned for Tuesday. Wallace's attorneys said they sought the default judgment and a move to an appeals court because U.S. District Judge Jack Weinstein decided to appoint an "advisory jury" that would leave the verdict up to the judge.
"The court has already made some rulings in this case that clearly indicate its opinion," attorney John Renzulli said.
Wallace's attorneys said they want an appeals court to consider jurisdictional issues about why a Georgia gun shop owner is being tried in New York.
Wallace said that it would have cost hundreds of thousands of dollars to "go through with this trial and end up with the same result that we made here today."
He also said the trial was unfair because the judge had ruled that Bloomberg would not be allowed to testify.
"I'm not allowed to face my accuser," he said.
Weinstein had said the mayor's appearance would have been an unneeded distraction, turning the trial into a "media show."