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Libel Verdict Favors Judge

By TChris, Section Judiciary
Posted on Sat Feb 19, 2005 at 08:52:41 AM EST
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by TChris

Finding that a Boston tabloid acted with "actual malice" or "a reckless disregard for the truth" in its reporting of off-the-record comments allegedly made by Superior Court Judge Ernest Murphy, a jury returned a libel verdict in the judge's favor, awarding him more than $2 million in damages.

The first article was a front-page piece that said Judge Murphy, then assigned to a court in New Bedford, was a "wrist-slapping" judge who had "heartlessly demeaned victims" and had said of one young rape victim: "She's 14. She got raped. Tell her to get over it."

There's nothing a judge hates more than being branded as "soft on crime," but the real dispute in the case centered on whether (or in what context) the judge said "get over it."

The judge denied making the comment and said he had expressed compassion for the rape victim. He testified that as a result of the articles, he received hate mail and at least two anonymous death threats, including a photograph of himself with a bull's-eye on it and a letter with feces-smeared toilet paper that said, "I'm going to wipe you out." Judge Murphy testified that he suffered stress-related medical problems and that his daughters were "traumatized" after a participant in a Herald columnist's Internet chatroom suggested that they should be raped.

The reporter also made comments during an interview on "The O'Reilly Factor" that Judge Murphy deemed libelous.

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    Libel Verdict Favors Judge | 3 comments (3 topical)
    Re: Libel Verdict Favors Judge (none / 0) (#1)
    by Fr33d0m on Sat Feb 19, 2005 at 09:26:11 AM EST
    Although 2M+ doesn't seem to be enough, I hope we see more folks hiting them in the pocket.

    Re: Libel Verdict Favors Judge (none / 0) (#2)
    by Talkleft Visitor on Sat Feb 19, 2005 at 09:26:46 AM EST
    do we have to Reilly transcript?

    Re: Libel Verdict Favors Judge (none / 0) (#3)
    by Talkleft Visitor on Sun Feb 20, 2005 at 02:41:24 AM EST
    NPR had a piece on the case. I really think the judge deserves a larger reward. I personally think the reporters deserved a public flogging and a front line assignment outside of the Green Zone in Iraq. It was that serious and rotten.

    Libel Verdict Favors Judge | 3 comments (3 topical)