Slander Case

[smee76]

What is the name of your state? North Carolina

I need advise on a slander/libel/defamation of character issue. I have a close friend that was implicated in his father’s murder. It went so far that he was arrested for accessory after the fact and concealment of a body. He was held for 43 days before he was even able to go in front of a judge for his probable cause hearing. Of course he was released due to no evidence and the magistrate who issued the arrest warrant was lied to by the detective who got the warrant, but now he has had his name and mug shot on every news station and newspaper in four counties. One of the newspapers started a topic forum where there are a lot of people that are just gossiping about him on the board, must of it just rumors and hurtful things. (Because of this bulletin board you just have to type my friends name into Google and all of this comes up). Even his family has turned on him and he was pretty much forced to move out of the state just so he can find work and not be harassed by people. Is there anything he can do about the websites or the newspaper/news stations, or even the Sheriff’s department that arrested him on false allegations? This whole situation has really affected my friend badly; he will never recover from this. There should be something we can do to at least get the internet sites through the newspaper shut down.

 

[quincy]

Your friend needs to find an attorney who knows a lot about defamation law. From what you have posted here, he may very well have a basis for a defamation action.

There is nothing your friend can do, more than likely, about the news coverage, if the news coverage was based on the arrest report and the hearings and reports from the police and others connected to the murder and its investigation. As long as the media coverage was a fair and accurate report of the story (even if what was said in any hearings about your friend was false and defamatory, if quoted accurately it is legal to print), the media cannot be held liable for their reports. The attorney should certainly review all articles printed and/or stories broadcast, however, to make sure they do not contain any actionable defamation.

The area that is most likely to contain libelous material is the "topic forum". Opinions are protected free speech, and people are free to comment on issues that make the news. Many people, however, are eager to pretend they know more than they do, and may state "facts" to back up their opinions. These facts, if false, can be defamatory and should be looked at closely by the attorney.

Slanderous statements made by people in your friend's community may be harder to prove but are no less damaging to his reputation. If he is being wrongly accused of a crime he did not commit, and the people who are making these false accusations can be identified, and witnesses can attest to the slanderous comments made by these identified people, then it is possible to sue them. Again, however, opinion is free speech, and people can say what they think - they just cannot veer from opinion to false fact when talking about your friend.

I am afraid there is little your friend can do about the arrest by the Sheriff's Department, if they had a good faith belief that the arrest was warranted, even if it was later determined there was not enough evidence to hold him. He could always ask his attorney if there is any recourse possible against the detective, however.

As for having the news stories and the forum removed from the website, the attorney will be able to judge whether that is a possibility by reviewing the content. I would say it is unlikely on the news stories but, if any of the reader-responses are found to be defamatory, it is possible to have those deleted through court action.

If you remember the Jon Benet Ramsey murder investigation, and the O.J. Simpson trial, and, more recently, the disappearance of 3-year-old Madeleine McCann in Portugal, you understand that suspicion is often cast over anyone close to the murder victim. Those close to the victim are looked at closely because, statistically, they are the ones most likely to be involved.

Unfortunately, the suspicions often remain in people's minds, even when those investigated are cleared of all involvement - until the true perpetrator is found and the crime is solved.

Generally there is no legal recourse for those innocent "suspects" whose names and faces have become familiar through media coverage and gossip.