You'll need an attorney in Ohio, not New York - one in the county in which the suit was filed - and a motion to dismiss is the appropriate response.
Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.
Generally, reports made to law enforcement and statements made in court are immune from defemation suits.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
I agree with my colleague. If you have a contact with the agency you reported the claim to you should inform them of these threats.
Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
If you can document the death threats, you should also consider presenting them to the Police Agency located in the same community as the Ohio resident, to see if they will pursue charges of criminal harassment and any other Ohio criminal statute that may have been violated.
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