Newspaper Libel

[seniorjudge]

Whew. Thank you, S.J. You saved me the research!

And it certainly makes sense what the editor said. I can see libel suits galore if the "not" were dropped!

Journalists come up with all kinds of weird terms: "living will" for example.

 

[quincy]

"Living will", huh? That was the creation of journalists?

Well, aren't we just the cleverest group of people that ever lived?!!

 

[RichardLee]

Quincy
The crime that I am charged with is not a "sex offender" crime in the state of Ohio and I will not have to register per the prosecutor in the case and my attorney. Also the plea deal I am negotiating does not involve a 60 days in jail. Also, he has known for months that I am not nor was I ever an employee of the school nor was I entrusted with the kids care and custody. The only thing I did was volunteer to drive a bus for the school, There were always several other adults (coaches, parents, etc.) on the bus. One other thing of note. 2 days after this e-mail was sent, I was terminated from my job of 36+ years. Until that point, I had been on administrative leave. Coincidence?

 

[quincy]

In that case, definitely consult with your attorney about a defamation action.

Have your attorney review all of the articles written, all of the reader-comments, and the email, to see if he thinks there is good reason to sue. You will probably have to wait until your court case is resolved, however, before bringing any action of your own.

 

[seniorjudge]

http://www.maysville-online.com/articles/2008/02/19/local_news/1588pipal.txt

Richard, is this you?

 

[seniorjudge]

"Living will", huh? That was the creation of journalists?

Well, aren't we just the cleverest group of people that ever lived?!!

"Clever" is not a word that leaps to mind when discussing journalists.

(Pace "likable lawyer"!)

 

[quincy]

Richard, your Class B misdemeanor in Kentucky comes with the possibility of 90 days in jail and a fine of $250, but you are right that with your particular offense, both the one in Ohio and the one in Kentucky, you do not have to register as a sex offender. I am assuming, since you are being charged with a Class B misdemeanor and not a Class A misdemeanor, the offense in Ohio was over 3 years ago and was not considered when the current charges were brought.

So, the email sent is defamatory, regardless of the outcome of your current case.



(While "likeable lawyer" has, admittedly, a nice ring to it, I can guarantee you that THAT is not the clever creation of any journalist, as our motto is "Accuracy Always". )

 

[RichardLee]

Quincy, I just want to clear up a few items. I am being charged with a 2nd degree misdemeanor in the state of Ohio. I do not have a criminal background and I have never been in jail. I was arrested once 37 years ago but never went to court.

Thanks so much for your help

 

[quincy]

You are posting from Kentucky but you work in Ohio???

I am mistaking your case for another one - it mirrors your situation exactly, right down to the soccer players on the bus - but it occurred in Kentucky. Sorry for my misunderstanding.

Well then, you can ignore what I have posted about the reporter, the stories and the reader-responses then, because I have no clue if they are defamatory or not. The rest of the information still applies, including the fact that the email, if viewed by others, is defamatory. You will not have to register as a sex offender.

Just have your attorney review the email, and all of the stories written by the newspaper reporter, and the reader-responses. If they imply guilt, they are probably defamatory - unless you are found guilty.

 

[RichardLee]

Quincy, I was driving a school bus for St Patrick school in Kentucky to a soccer game in Ripley Ohio. The alledged offense occured in Ohio. The newspaper is the Maysville Ledger Independent. These are the same stories

 

[quincy]

Okay. NOW you can disregard what I said about disregarding what I said.

That IS the newspaper, the reporter, and the reader-responses I was referring to.

Yes, definitely have your attorney review the articles in the paper and the responses posted, as well as the email. Your attorney can tell you if a defamation action is worth pursuing.

Quite frankly, I am surprised the story has not been pulled. Small papers don't have large editorial staffs, but . . . . .