Libel negligence

[Davidromine]

I have a case in the superior court of XYZ county georgia case number (removed). A journalist claims that he saw i was charged with hoax devices on a police report and called the courthouse to learn i was charged with attempting to manufacture an explosive device for the article. That is negligent and defamatory heresay. I was not charged with that crime at that time. The judge is throwing out the case.

 

[Just Blue]

I have a case in the superior court of XYZ county georgia case number (removed). A journalist claims that he saw i was charged with hoax devices on a police report and called the courthouse to learn i was charged with attempting to manufacture an explosive device for the article. That is negligent and defamatory heresay. I was not charged with that crime at that time. The judge is throwing out the case.

I reported your post because of I.D.ing info , when Admin edits out the link and case # it will likely be placed back. If you have a question please ask without revealing personal information. Thank You.

 

[justalayman]

You weren’t charged with that crime at that time? Does that mean you were eventually charged with that crime?

 

[quincy]

David, your post was reported because of the identifying information but I am curious about what was false in the article.

Defamation requires the publication of false facts. It appears the news reporter based his story on what was said in police reports and on interviews with neighbors and the police.

Reports published that come from the police or a police agency are considered privileged (although the privilege is a "qualified" privilege which can be defeated with a showing of actual malice).

It also appears that the subject of article was charged with the crime that was discussed in the article.

Where are you seeing falsehoods? Or are you claiming possible defamation because charges were dismissed?

Here is a link to a brief overview of defamation laws in Georgia:
http://www.dmlp.org/legal-guide/georgia-defamation-law

If you are the one charged, I recommend you hire a criminal defense attorney. You can discuss defamation with this attorney - but the criminal matter is where your focus should be right now.

 

[Davidromine]

David, your post was reported because of the identifying information but I am curious about what was false in the article.

Defamation requires the publication of false facts. It appears the news reporter based his story on what was said in police reports and on interviews with neighbors and the police.

Reports published that come from the police or a police agency are considered privileged (although the privilege is a "qualified" privilege which can be defeated with a showing of actual malice).

It also appears that the subject of article was charged with the crime.

Where are you seeing falsehoods? Or are you claiming defamation because charges were dismissed?

Here is a link to a brief overview of defamation laws in Georgia:
http://www.dmlp.org/legal-guide/georgia-defamation-law

If you are the one charged, I recommend you hire a criminal defense attorney. You can discuss defamation with this attorney - but the criminal matter is where your focus should be right now.

You weren’t charged with that crime at that time? Does that mean you were eventually charged with that crime?

Yes.

 

[quincy]

Yes.

Yes, you were not charged - or yes, you were charged but the charges were dismissed?

 

[Davidromine]

David, your post was reported because of the identifying information but I am curious about what was false in the article.

Defamation requires the publication of false facts. It appears the news reporter based his story on what was said in police reports and on interviews with neighbors and the police.

Reports published that come from the police or a police agency are considered privileged (although the privilege is a "qualified" privilege which can be defeated with a showing of actual malice).

It also appears that the subject of article was charged with the crime that was discussed in the article.

Where are you seeing falsehoods? Or are you claiming possible defamation because charges were dismissed?

Here is a link to a brief overview of defamation laws in Georgia:
http://www.dmlp.org/legal-guide/georgia-defamation-law

If you are the one charged, I recommend you hire a criminal defense attorney. You can discuss defamation with this attorney - but the criminal matter is where your focus should be right now.

Page one of the police report as well as the contents of the police report state that i was arrested for hoax devices. The news article says i was arrested for attempting to manufacture an explosive device. The journalist says he read the police report, but called the courthouse to check and was told attempt to manufacture an explosive device. He does not say who at the courthouse told him that and i was not charged with that crime until 2 and a half months later.

 

[Davidromine]

Yes, you were not charged - or yes, you were charged but the charges were dismissed?

Yes i was charged for an attempted indictment 2 and a half months after arrest and the grand jury declined to indict.

 

[quincy]

Yes i was charged for an attempted indictment 2 and a half months after arrest and the grand jury declined to indict.

There are currently no criminal charges filed against you?

Was everything in the article substantially true at the time it was published?

 

[Davidromine]

There are currently no criminal charges filed against you?

Was everything in the article substantially true at the time it was published?

There are no charges against me. At the time it was published i was in jail after being arrested for hoax devices and the district attorney had not accused me of attempting to manufacture an explosive device. The reporter does not provide the person who told him i was charged with that crime and i was not formally charged with that crime at the time by the d.a.

 

[quincy]

There are no charges against me. At the time it was published i was in jail after being arrested for hoax devices and the district attorney had not accused me of attempting to manufacture an explosive device. The reporter does not provide the person who told him i was charged with that crime and i was not formally charged with that crime at the time by the d.a.

But you were in fact charged with that crime, correct? The reporter apparently got his information from a reliable source.

I can understand your concern with how the article was written, by the way. I am concerned when I read any story of an arrest that implies guilt and I think the story about you implied guilt.

That said, a defamation claim would be difficult to support. What was published was true or substantially true at the time it was published.

You could speak to an attorney in your area who is well-versed in defamation law to see if s/he thinks the newspaper and the reporter could be sued successfully. I think it highly doubtful.

Good luck.

 

[Davidromine]

But you were in fact charged with that crime, correct? The reporter apparently got his information from a reliable source.

I can understand your concern with how the article was written, by the way. I am concerned when I read any story of an arrest that implies guilt and I think the story about you implied guilt.

That said, a defamation claim would be difficult to support. What was published was true or substantially true at the time it was published.

You could speak to an attorney in your area who is well-versed in defamation law to see if s/he thinks the newspaper and the reporter could be sued successfully. I think it highly doubtful.

Good luck.

I told the judge if he names the person at the courthouse i would drop the case and file against that source. What about the article implies guilt?

 

[Zigner]

I have a case in the superior court of XYZ county georgia case number (removed). A journalist claims that he saw i was charged with hoax devices on a police report and called the courthouse to learn i was charged with attempting to manufacture an explosive device for the article. That is negligent and defamatory heresay. I was not charged with that crime at that time. The judge is throwing out the case.

The judge is throwing out the case you filed?

 

[Zigner]

I told the judge if he names the person at the courthouse i would drop the case and file against that source.

Yeah - judges love being strongarmed.

 

[Just Blue]

Yeah - judges love being strongarmed.

Hummm...Kinda sounds like blackmail to me.