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Is this libel? Urgent!!

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M

meng

Guest
I have a question regarding libel.
Ok - A friend of mine and two other guys were walking out of a bar, intoxicated. They are being loud and as someone is walking in they turn and begin to argue with the young men. Somehow a "fight" starts: The other guy pushes one of the three men, two of them may have punched him seperately. He goes after one the third guy and both of them fall down the guy hits his head, and is in a coma.
Ok the problem isn't this, while currently there is criminal charges due in part to the politics in the small town, but mostly because of the coverage by the local newspaper.

Problem: The newspaper publishes many articles about the "fight" which is still under inverstigation, prior to any charges being files and without any info from the police only from other sources, such as the victims family. In one article they say, "The 21-year-olds suspected of beating him have been identified by police, but remain free pending charges."

Later in the article they have an entire paragraph which reads as follows: In the next few moments, according to Victim's cousin( Both names excluded for the purpose of the e-mail), name excluded, he was shoved in the chest by one man and then jumped by the others. The men she said, "bashed his head into the bumber of a car."

The article give no indication where the cousin got this information as is reported as if fact - In fact she was not there, according to my police source, the investigation detective. The article gives no indication of this being speculation.

The articles Headline infact reads: "Listed as critical - Assault victim faces long road to recovery."

They even called this an assault?

This not only has affected the local people who have villainized these young men, who all are college students, and have no prior record - but even the Judge presideing over the arrainment made reference to the seriousness of the case and said that based on what he had read in the paper that they shouldn't get bail - even thought the DA was only asking 20,000. Proving this has obviously tainted their case, and it may tarnish there names.

I also wondered if the verdict in any criminal case would affect the ability to fight this as libel. We don't want money, just the paper to stop printing these things that even the investigating reporter finds untrue and misleading.

The question I am posing is in regards to further arcticles. If in further artices the name of the accused are listed, can the previous article be considered libel? Simply by it's wording and the way rumors are reocounted as fact can this be libel if names are listed later?

If you have any further question about the articles please e-mail me at [email protected]





 



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