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Attorney: Fresno Unified Needs to Find 'Nearest Exit' in Defamation Lawsuit
Edward Smith updated website photo 2024
By Edward Smith
Published 4 months ago on
May 21, 2025

Attorney Roger Bonakdar on the "Unfiltered" podcast said Fresno Unified should be looking to settle in the defamation case from former Bullard football coach Don Arax against Trustee Keshia Thomas. (GV Wire Composite)

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With a video showing a Fresno Unified trustee denying she said a Bullard football coach called her son the N-word, a Fresno attorney says the district should be looking for the “nearest exit.”

Veteran attorney Roger Bonakdar appeared on GV Wire’s “Unfiltered” podcast Tuesday to discuss a deposition video showing trustee Keshia Thomas saying she never said Bullard teacher and coach Don Arax called her son the N-word during a football practice.

Thomas is running for the Fresno City Council in 2026 to succeed termed-out Miguel Arias representing downtown and southwest neighborhoods.

Arax sued Thomas for defamation in 2022 after she appeared on “Unfiltered” that year and made the accusation. An April 2025 deposition video shows Thomas being interviewed by Arax’s attorney, Brian Whelan. In it, she denies ever making the accusation, despite the video evidence from 2022 and then a few days later reaffirming the accusation to GV Wire reporters.

Bonakdar says the video is all Arax needs to prove the defamation occurred and “I would hit play as many times as I could in front of that jury.” With defamation suit damages potentially reaching tens of millions of dollars, Bonakdar said the district should be looking to settle.

“The strategy should be ‘where’s the nearest exit and how do we get out?’ ” Bonakdar said.

Damages Could Be Tens of Millions

Defamation can cost hundreds of millions of dollars, such as when conspiracy theorist Alex Jones was sued by the families of the victims in the Sandy Hook mass shootings, Bonakdar said.

Jones repeatedly pushed the false claim that the shootings were a hoax, and a jury found him liable for $900 million.

Payouts can also be in the tens of millions such as a defamation case against U.S. Bank that Whelan previously won.

While Thomas may not be as polarizing as Jones, Bonakdar said, accusing someone of using that language against a child carries a heavy burden in this society.

“I don’t see how you can allege someone is a bigot and their bigotry was launched against a child and credibly say that person doesn’t have damages,” Bonakdar said.

Before Arax left Bullard, the district removed him from his coaching position. There could be some compensation for lost wages, but the biggest potential cost to the district could be for the damaged reputation, the veteran attorney said.

If the jury finds the district liable just as much as Thomas, it would be on the hook for any baseline damages. Punitive damages would fall on Thomas.

“The district is definitely playing with fire in this the longer they allow it to go,” said Bonakdar, who successfully represented Bitwise employees after the Fresno-based tech company folded under the weight of CEO fraud and debt.

District Could Be Liable for Damages: Bonakdar

The district has tried to distance itself from Thomas’ comments, but judges have denied attempts to do so — notably in denying an anti-SLAPP motion brought by the district’s lawyers.

Anti-SLAPP, or strategic lawsuits against public participation, are protections for First Amendment rights. Superior Court and Appeals court judges maintained that damages exist and that the district can’t separate itself by that method.

Bonakdar said because Thomas was invited on the show in her role as a trustee, it would be difficult for the district to convince jurors the district it isn’t liable.

“Her commentary was given air time because she’s a trustee and not because she’s a concerned mother,” Bonakdar said.

Legal Fees Could Be Hundreds of Thousands to Millions of Dollars

Beyond damages are legal fees. Bonakdar said bills in cases like these can cost hundreds of thousands or millions of dollars. Even though the suit was filed in 2022, it still isn’t that old in the world of civil suits, he said. A trial has not yet been set.

In her deposition, Thomas said that the district is covering her legal fees. GV Wire has sent Fresno Unified multiple requests to verify that claim but has received no response.

Bonakdar said if the district “pulls the emergency brake” and settles, it could save the district some money.

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Edward Smith,
Multimedia Journalist
Edward Smith began reporting for GV Wire in May 2023. His reporting career began at Fresno City College, graduating with an associate degree in journalism. After leaving school he spent the next six years with The Business Journal, doing research for the publication as well as covering the restaurant industry. Soon after, he took on real estate and agriculture beats, winning multiple awards at the local, state and national level. You can contact Edward at 559-440-8372 or at Edward.Smith@gvwire.com.

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