Supreme Court Refuses to Hear Richard Jewell Case

Full story at <b><a href="http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2002/10/07/national1506EDT0656.DTL">The San Francisco Chronicle/SF Gate site</a></b><ol><b>Richard Jewell Loses Supreme Court Bid in Olympics Bombing Defamation Case</b>

MARK NIESSE, Associated Press Writer
Monday, October 7, 2002

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(10-07) 12:06 PDT ATLANTA (AP) --

The U.S. Supreme Court declined Monday to hear an appeal from Richard Jewell, the former security guard who says he was defamed by a newspaper that reported he was a suspect in the bombing outside the 1996 Summer Olympics.

The decision clears the way for a state court to consider the newspaper's motion to dismiss Jewell's lawsuit.

<b>{snip}</b>

Three days [after Jewell found a bomb on the Olympics grounds] The Atlanta Journal-Constitution reported that the FBI was investigating Jewell. He was cleared by the FBI three months later.

If the case goes to trial, Jewell must prove the Journal-Constitution had actual malice against him when he was identified as the focus of the FBI investigation. Jewell said he was targeted by the newspaper and other media when they used anonymous law enforcement sources.

"Many of the statements that were reported in the Journal-Constitution, Richard Jewell has himself admitted to be true," said Peter Canfield, the newspaper's attorney. "He has admitted that he was the focus of the investigation. He has admitted he believed that law enforcement believed he planted this bomb."</ol>

 

Supreme Court Sends Several First Amendment Cases Packing

Full article at the <b><a href="http://www.freedomforum.org/templates/document.asp?documentID=17072">Freedom Forum</a></b> website:<ol><b>Supreme Court Sends Several First Amendment Cases Packing</b>

By The Associated Press

10.07.02

WASHINGTON — The Supreme Court today turned away a host of First Amendment cases, dealing losses to Frank Sinatra Jr., the Green Party's Ralph Nader, former Olympic security guard Richard Jewell, and a South Carolina tattoo artist, among others.

Their cases were among more than a thousand that justices refused to consider as they returned to work after a three-month break. The Court only hears arguments in 80 or so cases each year.

<b>{snip}</b>

<b>The Supreme Court today also: </b>

<b>{snip}</b>

Turned away an appeal from Richard Jewell, who claims he was defamed by a newspaper that reported he was a suspect in the 1996 bombing at Centennial Olympic Park in Atlanta.

The Court's refusal to hear the case clears the way for a state court to consider a motion for dismissal of Jewell's lawsuit.

Even if the case moves forward to trial, Jewell must prove The Atlanta Journal-Constitution was acting with actual malice when he was identified as the focus of a police investigation into the bombing.

Jewell said he was targeted by the newspaper and other news media when they used anonymous law enforcement sources to report he was the focus of the investigation.

"Many of the statements that were reported in the Journal-Constitution, Richard Jewell has himself admitted to be true," said Peter Canfield, the newspaper's attorney. "He has admitted that he was the focus of the investigation. He has admitted he believed that law enforcement believed he planted this bomb."

The Supreme Court's refusal to hear the appeal lets stand a decision that found Jewell made himself a public figure through media interviews following the bombing.

It's more difficult for public figures to win libel lawsuits because they must prove actual malice — not just negligence. To prove actual malice, Jewell must not only show the newspaper printed inaccuracies, but also that it knew or suspected the information to be false.

"Holding Richard Jewell to the status of public figure is not only an injustice to Richard but threatens the reputations of any private citizen who is discussed by a member of the media," said Lin Wood, Jewell's attorney.

Jewell was considered a hero after spotting the backpack that held the bomb that exploded early July 27, 1996, killing one woman and injuring 111 people during the Atlanta Olympics.

Three days later, the Journal-Constitution reported that federal officials were investigating Jewell, leading to international media scrutiny of the security guard. He was cleared by the FBI three months later.

In the lawsuit filed in January 1997, Jewell claimed the newspaper articles portrayed him as a strange person who was probably guilty of setting off the bomb.

A state court in 1999 ruled that Jewell was a public figure because he had been interviewed by the media about his hero's role.

"When you have someone making repeated appearances on local, national and international media about this park being safe, it's relevant and important for the public to know that that person is the focus of a law enforcement investigation into the bombing," Canfield said.

The Supreme Court also let stand a state appeals court ruling that two of the newspaper's reporters wouldn't have to reveal confidential law enforcement sources.

ABC, NBC, CNN and Piedmont College, his former employer, settled similar lawsuits Jewell filed against them.

Jewell was hired by the Senoia Police Department in March, but his employment ended Sept. 19. City Manager Murray McAfee declined further comment. Jewell v. Cox Enterprises, 01-1627.

<b>{snip}</b></ol>

 

Is Lin Wood still involved--

in this? If so, he's gonna lose....big time.

......Oh, OK, I just read the rest of the article which Dun posted while I was replying. So Woody is headed for a big loss here. It's going to be thrown out.

He'll have to go out and beat the bushes for more clients WHO ARE PUBLIC FIGURES and think they have been wronged by the media. Either that, or go back to chasing ambulances.

 

Heh, Tricia....

Leroy Lincoln better keep that cowboy hat handy. That is, if he wants to advertise in JEZEBEL again.

 

Not to worry

he still has his cash cows, the Ramseys. Maybe he can borrow Patsy's wig seeing as they are so close and all.

 

L. is for Loser

Jewell's Hopes Fading

http://atlanta.creativeloafing.com/news_brief.html

BY STEVE FENNESSY

It's looking more and more doubtful that a jury will ever hear Richard Jewell's libel suit against the Atlanta Journal-Constitution.

One thing's for certain, though: The two sides still can't stand each other.

"[AJC attorney] Peter Canfield and I have personalized this case in a negative way," says Lin Wood, Jewell's lawyer. "He doesn't like me; I don't like him."

Last Monday was particularly disappointing for Wood, who wanted the U.S. Supreme Court to reverse a Georgia Court of Appeals decision that had dealt Jewell two blows: One, that the AJC shouldn't be forced to disclose confidential sources that were the basis of stories that revealed that Jewell was a suspect in the 1996 Centennial Park Olympic bombing; and two, that Jewell's prominent profile after the bombing elevated him to the status of "public figure."

In libel cases, distinctions between public and private figures can spell the difference between victory and defeat. Where private figures merely have to show that they were harmed by a negligent error, public figures must prove that the media outlet not only erred, but erred maliciously.

But the Supreme Court declined to hear Wood's appeal, sending the case back to the venue that first heard it -- the courtroom of Fulton County State Court Judge John Mather. Mather is now free to rule on a motion by the AJC for summary judgment to dismiss the case outright, a motion that was first introduced four years ago.

"I always was afraid that the trial court and the Georgia appellate court, which, candidly, are not sophisticated in First Amendment law because they don't deal with these cases on a regular basis -- I always thought that they might rule against Richard on that issue," Wood says.

Canfield stops short of declaring victory. But he says "the appellate process has brought a lot of clarity to the case. ... It's clear that this case didn't have any place being in court in the first place."

Oct. 16, 2002

---snip---

 

Lurker XIV

Looks like Wood took your advice and decided to beat the bushes for public figures. Unfortunately, all he could come up with is Gary Condit. ROFL!

 

Heh, Whitewolf....

Wood and Condit deserve each other. Maybe they will swap little black books.