2006 MLRC/NAA/NAB LIBEL DEFENSE ... - Directrouter.com

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For exclusive use of MLRC members and other parties specifically authorized by MLRC. © Media Law Resource Center, Inc.17. Defendant’s Theme(s):The publications were either true or based on public records or comments made at ameeting of the board of directors of Babcock where important public issues were beingdiscussed regarding the obligation to report to the state instances of attacks by residents onother residents. The state ombudsman had issued an opinion that said the attack by the 16-year old on the 78-year old “should” have been reported.18. Factors/Evidence:Unknown.a. Pre-existing attitudes of the venire towards the plaintiff, defendant,or issues:b. Sympathy for plaintiff during trial:Not evident from jurors’ posture.None.c. Proof of actual injury:d. Defendants’ newsgathering/reporting:Based on a state audit and remarks at a public meeting.None.e. Experts:f. Other evidence:Report from state ombudsman.g. Trial dynamics:i. Plaintiff’s counsel:At times appeared frustrated and disorganized. Did not seem to understand what wasrequired to prove actual malice.32
For exclusive use of MLRC members and other parties specifically authorized by MLRC. © Media Law Resource Center, Inc.ii.Defendant’s trial demeanor:The newspaper editor was present and appeared calm and interested. The codefendant,a lawyer, was too animated and more involved in the defense of her case than Ithought appropriate.iii.Length of trial:Three days.iv.Judge:Edward B. Cottingham, a retired but active judge with experience trying libel cases.h. Other factors:The Supreme Court of S.C. had recently issued an opinion spelling out the limitedpurpose public figure status proof requirements which gave the trial judge a sound basis todetermine that the plaintiff was a limited purpose public figure.19. Results of Jury Interviews, if any:None.20. Assessment of Jury:I thought the jury would have been a good one. I didn’t see any jurors nodding inagreement with any testimony from the plaintiff or her witnesses.21. Lessons:It always helps to get a judge who has tried libel cases. As this judge said in ruling onthe public figure status motion, “This isn’t my first rodeo.”22. Post-Trial Disposition:I am anticipating an appeal.33
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2006 MLRC/NAA/NAB LIBEL DEFENSE ... - Directrouter.com

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