10619Re: [infoguys-list] newspaper
- Feb 25, 2007Amy -
After having so many mixed messages posed to us about what allegedly
happened, I did some more investigating this morning. The complaint is a heck of a
lot more complex than originally suggested.
The case was originally filed in federal court in KY. The venue was wrong
and then refiled in FL. Under libel and defamation case law in Florida, a
newspaper can avoid punitive damages by publishing a retraction within a 10-day
period. The official request was tendered 10-17-03 but the generic retraction
did not appear in the Miami Herald until 11-1-03. The Miami Herald
responded to the retraction demand outside of the 10-day window. Def. atty Bruce
Rogow argues that the Herald should have clearly retracted and apologized for the
erroneous allegations in the story, but instead published only a narrowly
I find the newspaper truly in the wrong in that since their own staff
photographers and sports writers clearly said nothing was in his hand and since the
writers gave a 1 minute telephone interview to Santos in English when
neither of them speak Spanish, it is a clear RUSH TO JUDGMENT for the sake of
making a deadline. Santos' entire career was, in fact, on the line. It does
appear to be BAD FAITH.
On the other hand, Santos is a known public figure and usually the level of
expectation is altered. I'm not familiar enough with FL law to intelligently
address that portion. However, that fact might sink the case.
Sarkis Detective Agency
1346 Ethel Street
Glendale, CA 91207-1826
"one Nation under God"
If you can read this, thank a teacher. If you can read it in English, thank
a military veteran !
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