John Grisham libel suit results
By Marjorie Kehe | 09.18.08
Yesterday a federal judge in Oklahoma City dismissed a libel suit against bestselling author John Grisham and spoke in strong terms about the need to protect free speech when it comes to analysis of the US legal system.
“What two words best describe a claim for money damages by government officials against authors and publishers of books describing purported prosecutorial misconduct?,” asked US District Judge Ronald White in his ruling. “Answer: Not plausible.”
The suit involved Grisham’s book “The Innocent Man,” written about the 1982 killing of Debra Sue Carter, an Ada, Okla., cocktail waitress. Two men, Dennis Fritz and Ron Williamson, were arrested and convicted of the killing, then later freed by DNA evidence after serving 12 years in prison.
Grisham’s book explores both the killing and the subsequent investigation. Former Pontotoc County District Attorney William Peterson, former Oklahoma State Bureau of Investigation investigator Gary Rogers, and Melvin Hett, an Oklahoma State Bureau of Investigation criminologist, were plaintiffs in the case.
All had been involved in the arrest and prosecution of Fritz and Williamson and argued that Grisham’s book defamed them. Their suit alleged that Grisham – and several other defendants in the suit – conspired to commit libel and that in order to generate publicity for themselves they placed the plaintiffs in a false light and intentionally inflicted emotional distress.
The other defendants in the case included Grisham’s publishers, two other authors who had written about the case, their publishers, and and Barry Scheck, founder of the New York-based Innocence Project who had served as an attorney for one of the accused men.
“Where the justice system so manifestly failed and innocent people were imprisoned for 11 years (one almost put to death), it is necessary to analyze and criticize our judicial system (and the actors involved) so that past mistakes do not become future ones,” White wrote in his ruling. “The wrongful convictions of Ron Williamson and Dennis Fritz must be discussed openly and with great vigor.”
It’s not yet clear whether the plaintiffs will pursue an appeal.
Comments
2. Scott Dunn | 09.19.08
Wow. Great article. Reminds me of that Clint Eastwood movie…Blood Work. I’m gratified to hear that writers and journalists can actually do their job, even if the court’s help is needed.
3. Richard Brickwedde | 09.19.08
How much did the government pay to settle the litigation brought by Fritz and Williamson against Peterson and others after Peterson’s motion to be dismissed from that litigation was dismissed?
4. Maz2331 | 09.19.08
They had the chutzpah to file a lawsuit?
In any even semi-sane legal system, all three of them would be serving double the time of the innocent men they imprisoned, have their entire estates seized and given to the victims, and forced to turn over every red cent they ever make for life to them.
Being able to duck the appropriate punishment for criminal negligence and malfeasance by hiding behind an office needs to end.
5. Jan | 09.19.08
They should have hanged them both — and then hanged the prosecutors for bringing such a worthless case, and the judge for letting it pass without proper evidence.
6. Roger Salisbury | 09.20.08
If there were more judges with this fix it -fix it -fix it
attitude the USA would be held up on a pedal stool to the the entire world. Sadly the perception or reality that justice is seriously upheld is a long time coming!
7. Angel | 09.21.08
I am glad to see that one of our Justice’s are being realistic about the situation and is standing up for what is right.
As the public we have the right to know the truth when there are mistakes made that end up harming innocent people.
Our justice system is not as balanced as most believe it to be. The fact that Justice White has stated that these two innocent men being wrongly convicted needs to be discussed with vigor, shows that we still have some who are willing to step up to the plate and admit error.
If this were the case for everyone who works in the justice system across the nation, the scales would be a little more balanced.
8. tess | 10.29.08
Wow a great indicator of a sober judge who stands for protection of free speech.Keep up!However those involved in wrong imprisonment must be held liable.J.Grisham deserves a pat on the back.
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1. SPM | 09.19.08
Nothing unusual here. It is estimated that about 20% of convictions are wrongful convictions. This is the main case against capital punishment - at least if you make a mistake, you can release those wrongfully convicted as in this case.