Mass. Libel Case Offers Jurors Another Chance to Pass Judgment on the Press

By: E&P Staff Public distrust of the press will take center stage at an unusual libel trial in New England beginning January 19.

Almost three years ago, the Boston Herald ran ran a series of critical stories about Superior Court Judge Ernest B. Murphy. Among other things, he was portrayed as a weak judge who allegedly said of a 14-year-old rape victim, "Tell her to get over it."

When Herald reporter David Wedge, a defendant in the judge's libel suit against that newspaper, gave a deposition in July 2002, Murphy's lawyer, Howard Cooper, asked him whether he had thought about the repercussions of his work, according to an article in today's Boston Globe.

"Mr. Wedge, did you consider the impact that your stories on Judge Murphy would have on him before you published them?" Cooper asked.

"No," Wedge responded.

"Did you consider the impact that your stories would have on his family, his wife, and five children before you published them?"

"No."

"Have you ever considered either of those things?"

"No."

"Do you know what impact your stories have had on Judge Murphy and his five children?"

"No."

"Do you care?"

"No."

When the libel case between the jurist and the tabloid opens in Suffolk Superior Court, the plaintiff's attorney will portray the reporter as a journalist who deliberately used false material while ignoring the consequences for Murphy, according to the Globe's Mark Jurkowitz.

But Herald lawyer Robert Dushman told the Globe that Wedge checked the accuracy of his information. Herald editorial director Ken Chandler said, "We stand behind Dave Wedge, and we stand behind his reporting."

But the case, according to Jurokowitz, could hinge on how jurors feel about the motives and methods of many journalists.

"When you bring a journalist in front of a jury, the jury carries with it some perceptions about journalism that you have to debunk," said Henry Hoberman, senior vice president for litigation for ABC Inc., which has been involved in several major cases.

"There's an undercurrent of suspicion," said Stephen Cullen, lawyer for a plaintiff who won a $950,000 libel suit against The Boston Phoenix on Dec. 17.

According to The Media Law Resource Center, news organizations lose jury trials more often than they win, but the percentage of wins has risen somewhat in recent years. Executive director Sandra Baron told the Globe that plaintiffs' lawyers try to exploit antimedia animus.

"Trial lawyers tell juries to send them a message, teach them a lesson," she said.