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I’m No Terrorist, Man Tells Daily News

NEWARK (CN) - A man says the New York Daily News defamed him on Page 1 by printing his high school yearbook photo under the headline "FACE OF A FUTURE TERRORIST." Elvin Almonte says the news story was actually about Carlos Eduardo Almonte, and that Fox News and the Star Ledger also defamed him.

Almonte says the Daily News ran his photo under the inch-and-a-half headline, in capital letters, "and then in smaller upper and lower-case type, 'I just want the troops to come home safely ... in caskets' - jihadist Carlos Eduardo Almonte, 24.'"

But the photo is actually Elvin Almonte, 17, from his yearbook, he says.

Almonte says Fox broadcast two video clips titled "NJ Men Accused in Somali Terror Plot" that also used his picture, falsely representing him as Carlos.

He says the clips are available on YouTube and his photograph is credited: "Courtesy, Newark Star Ledger."

The Fox story, about an alleged plot involving al-Qaida-affiliated jihadists in Somalia, "accused the plaintiff of having character traits and engaging in conduct that is viewed by our society as being abhorrent and antithetical to the very nature of American citizenship," Almonte says.

Elvin apparently is the younger brother of Carlos Eduardo Almonte. The Gloucester County Times reported that the brothers had a physical altercation in May 2009 that led to a weapons charge against Carlos. According to that news report, the fight came after Elvin rejected his brother's conversion to Islam and his preaching.

Elvin Almonte's complaint in Essex County Court does not address the relationship, if any, between the two.

Elvin Almonte seeks damages for defamation, slander, false light, invasion of privacy and intentional infliction of emotional distress. He is represented by Lora Glick.

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