Judge Remington said there was no question of fact in dispute, and ruled in favor of Mr. Pozner in the libel case, allowing it to proceed to a jury to consider a penalty.
Mr. Fetzer and Mr. Palecek are representing themselves in the lawsuit. Mr. Fetzer, in an email, restated his belief that Noah’s death certificate was faked. “The American people are entitled to know the truth about their own history,” he said.
Mr. Pozner, 51, said he lives in hiding because of ongoing harassment by Sandy Hook hoaxers. Noah was also survived by his mother, Veronique De La Rosa, a twin sister, Arielle, now 13, and an older sister, Sophia, 14.
Mr. Pozner had also sued the book’s publisher, Moon Rock Books, which is part of a broader company, Wrongs Without Wremedies, LLC. But its principal officer, Mr. Gahary, said Tuesday that after listening to Mr. Pozner’s 15-hour deposition, he no longer had any doubt that Mr. Pozner had truly lost his son.
“I came away from that believing that he was telling the truth,” Mr. Gahary said in an interview. “And I felt personally bad for anything that I had done to contribute to his misery.”
Mr. Gahary, who has published multiple conspiracy volumes, said that he has been swamped with hate mail since his change of heart became public, including from Sandy Hook deniers who have accused him of betrayal. He said he hoped to send them a message.
“If someone like me is saying that I believe him,” he said, “it should carry some weight, and they should look at this event differently.”