'Boston Phoenix' Hit with Nearly $1 Million Libel Judgment

By: Joe Strupp The alternative Boston Phoenix has been ordered to pay nearly $1 million after a federal jury found that the publication had libeled a Maryland prosecutor involved in a custody dispute that included charges of child abuse, The Boston Globe reported.

The U.S. District Court jury found Friday that a January 2003 Phoenix article libeled Marc Mandel, who left his job as a Baltimore County state attorney in August 2003 and is involved in "an acrimonious and complex custody and divorce battle." The jury ordered that the paper pay him $950,000 in damages.

The 9,000-word Phoenix article -- written by Kristen Lombardi, who is now at The Village Voice -- reported on the problems of the family court system in dealing with claims of child abuse, according to the Globe. Phoenix editors said that the publication will appeal.

The story reportedly described allegations that Mandel had sexually abused children from two marriages. Mandel denied the accusations and sued for libel in April 2003, claiming that the article damaged his reputation, harmed his career, and caused "personal humiliation."

Mandel declined to comment on the verdict that was reached after three days of deliberation. His attorney, Stephen Cullen, called the jury's action "fantastic -- complete vindication for Marc Mandel. The jury found that the article ... was false and secondly, it found that The Boston Phoenix and its reporter acted negligently in writing the story in the first place."

Dan Gleason, representing the Phoenix, released a statement saying, "We do not consider the verdict that the jury gave in this case to be consistent with the evidence. There are several steps to take before anything becomes final in this case, including with both the trial court and should it become necessary, on appeal."

Peter Kadzis, the editor of the weekly newspaper who was also named in the suit, said, "While we're disappointed by today's verdict, this case is not over. The Phoenix plans to appeal."

U.S. District Court Judge Edward F. Harrington also ruled that for the purposes of the case, Mandel was a private individual rather than a public official, meaning that he did not have to prove that the Phoenix acted with malice.