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Forum Name: old JBR threads
Topic ID: 220
Message ID: 2
#2, PETROCELLI
Posted by Rmod on Sep-14-02 at 00:05 AM
In response to message #1
HANSWIRTH: Absolutely. I mean, the most interesting thing, and I agree with Dan, I don't know what these lie detector tests are going to do
for them. They're completely not admissible in court. In order for the Ramseys to prove any kind of defamation, they're going to have to prove
that what was said about them was false. The most logical way to do that is to tell us who really did it, if it's not them. That would require them
to submit to evidence, depositions, all kinds of discovery that they've refused to submit to so far.

But beyond that, since the Ramseys are clearly public figures, even if they can prove the falsity, they additionally have to prove some kind of
what's called "actual malice" in the law, which in layman's terms means that whoever is saying these things would have to have some
conscious knowledge that they're really not true. I think that's almost an impossible burden for any public figure libel plaintiff, and especially
the Ramseys.

PETROCELLI: Geraldo?

GERALDO: One second. It would just seem to me, Dori Ann, that what a suit against Steve Thomas would be, or really, even a suit against
someone like me, would be a mini-trial of the homicide, who did it, and they would have to open themselves up in a way that heretofore they have
not.

HANSWIRTH: Absolutely. And my guess is that they probably won't take it that far. They've extracted a settlement out of one publication and
just like Lin Wood did in the case of Richard Jewell, where he used some settlements to bankroll lawsuits against other publications, I think
that's what they're doing. Whether they will actually come forward under oath and say what really happened that night, that's anybody's guess.
But that's what they'd have to do.

SHARGEL: They're represented by counsel, and there's not a criminal defense lawyer in America who would advise them to go forward and be
deposed and testify at a trial.

GERALDO: Dan, you were saying?

PETROCELLI: When you're accused of something as heinous as this, and you want people to think you're innocent, whether or not you're
innocent, you file a libel suit. The purpose of these suits is strictly public relations. They rarely go to jury verdict and ironically, when they do
go to jury verdict, plaintiffs have a very good chance of success, especially high-profile plaintiffs. But putting that aside, there are so many
obstacles in these cases, as Dori Ann was pointing out, chief among which is that you have to prove malice.

GERALDO: And malice is not that easy.

PETROCELLI: I'll take your case, too, Geraldo, if you get sued.

GERALDO: Thank you. Thank you. I tell you, I'll take this crew to defend me. Gotta go.