Re: Did Earl Cooley libel Grady Ward?

In article <3sk79i$cab@ixnews6.ix.netcom.com>, coriez@ix.netcom.com (Charles Oriez) writes: >In <3sid1h$jvu@news.csus.edu> davidson@sfsu.edu (Daniel Davidson)
>writes:
>>
>>June 24, 1995
>>
>>If the transcript of Mr. Earl Cooley's words before Judge Whyte
>>conforms to my recolection, it will show that Mr. Cooley stated
>>something to the effect of (paraphrasing):
>>
>> "Grady Ward and Dennis Erlich have conspired to publish
>> copyrighted Scientology scriptures onto the Internet."
>>
>>*If* Mr. Cooley did in fact make a statement in open court
>>equivalent to my recolection, and *if* this charge is demonstrably
>>unture, would this constitute possible actionable libel or slander?
>>
>Rather than us guessing, Grady should spend an hour with a good
>lawyer. >Maybe a slander suit could be brought. Maybe it couldn't. I'm
more >interested in the hypothetical question of whether accusations of
>this nature ought to prompt a complaint to the California Bar Assn.
There is a limited immunity for statements made in open court. It is improbable that a lawsuit could be sustained against Cooley.

However, all lawyers are officers of the court. They are obliged to refrain from statements which cannot be supported by evidence, especially statements that reflect adversely on the character or actions of some individual. Failure to do so is an abuse of process and grounds for contempt of court. Grady should write a letter to the judge.

But run it by Dennis' lawyers first. CC's to everybody on the mailing list of the pleadings.

Have fun.

Cerberus _________________________

Good name in man and woman, dear my lord, Is the immediate jewel of their souls. Who steals my purse steals trash; 'tis something, nothing, 'Twas mine, 'tis his, and has been slave to thousands. But he that filches from me my good name Robs me of that which not enriches him And makes me poor indeed.

Othello, Act III, Scene 3 ********************************************** Post-.sig .sig: Did you post to alt.religion.scientology recently? Beware! They can find you! And why should they have all the fun? Find yourself, and all of your a.r.s. friends at David Dennis' Amazing Internet Services WWW Home Page on Scientology. He's found everybody! <a href="http://amazing.cinenet.net/scientology.html">http://amazing.cinenet.net/scientology.html</a>**********************************************

Just thought you'd like to know.