BY BETTY ADAMS

Staff Writer

A U.S. District Court has cleared a North Carolina-based book publisher -- but not three people from Winthrop -- of claims of libel filed by a Winthrop woman.

Judge George Z. Singal granted summary judgment in favor of BookSurge LLC, a firm self-publishing authors pay to print and bind their manuscripts.

The case, involving the book "Help Us Get Mia," continues against defendants Mia Calcagni and her parents, Ralph and Maria Calcagni, all of Winthrop; and Peter Mars, an author in North Monmouth.

The lawsuit, filed in February 2007 by Shana Sandler, charges the Calcagnis and Mars with defaming and libeling Sandler in the book about events in Winthrop that led to a criminal mischief conviction against Mia Calcagni.

Sandler is seeking unspecified damages.

A jury trial, now set for October, will determine whether Sandler can recover money from the Calcagnis or Mars.

The lawsuit describes events beginning with the painting of swastikas on signs on Route 41 near Sandler's Winthrop home in November 2003.

Mia Calcagni, then 16, was convicted of criminal mischief in the incident.

"The book was the product of the Calcagnis response to their daughter being found guilty," said Bernard Kubetz, the attorney representing Sandler.

The lawsuit says the book was intended "to intimidate, harass and otherwise harm (Sandler), who is half-Jewish by virtue of the fact that (Sandler's) father is Jewish."

On Thursday, Singal wrote, "In short, the Court finds that BookSurge neither knew nor had reason to know of the alleged defamation and therefore cannot be held liable for defamation."

Also, he notes in the decision that only 840 copies of the book were produced.

"In 2007, BookSurge increased the titles it produced by 360,000 titles for a total of 480,000 titles in its inventory," Singal wrote. "The sheer volume of new titles that BookSurge handles each year does not permit BookSurge to review the content of any publications."

On Dec. 12, 2007, Singal granted a motion finding Mia Calcagni in default for liability after she failed to show up for a deposition. She remains a defendant in the damages portion.

The Calcagnis have denied the allegations in the lawsuit and maintain the statements contained in the book are true.

"Arguments presented to the court suggested pretty powerfully that no one should be held liable," said Bruce Mallonee, the attorney representing the Calcagnis.

Mallonee said Friday he had yet to talk with his clients about Singal's latest decision.

"Mr. Mars insists he's just an innocent victim here," said Mars' attorney, J. William Druary. "He took information the Calcagnis gave him, typed this manuscript and now Shana Sandler is asking to hold him responsible along with the Calcagnis for what we feel is a very inflated claim for damages."

Betty Adams -- 621-5631

badams@centralmaine.com