John Grisham Libel Suit Dismissed. Judge Rules "Not Plausible"

U.S. District Judge Ronald White dismissed the libel suit against well-known author John Grisham on September 18, 2008. The libel suit, filed by the former prosecutor, the criminalist and the investigator, was in response to John Grisham's non-fiction book "The Innocent Man" about the 1982 murder of an Ada, Oklahoma cocktail waitress. The plaintiffs claimed that Grisham and co-defendants conspired to put them in a bad light and deliberately inflict emotional distress. Among co-defendants listed in the libel suit is Dennis Fritz, who is one of the two men wrongfully convicted of the murder. Fritz wrote a book, "Journey Towards Justice" about his experience. Ronald Williamson, the other wrongfully convicted man, died of cirrhosis of the liver in 2004. His obituary sparked the writer's interest in the case.

In his ruling dismissing the lawsuit, Judge White stated, "What two words best describe a claim for money damages by government officials against authors and publishers of books describing purported prosecutorial misconduct? Answer: Not plausible."

Grisham's book "The Innocent Man" makes a case that inept and corrupt police work, an overzealous prosecutor, and a flawed judicial system disregarded key evidence in order to close a violent crime case. This misconduct led to the conviction and imprisonment of two innocent men who then spent 12 years on death row. An appellate court judge released both men in 1999 when DNA evidence determined that Glen Gore, a key witness for the prosecution was the actual murderer. The author's investigation into the case revealed that police did not investigate Gore for the murder, even though he was the last person to see the victim, Debbie Sue Carter, alive. Grisham points to a drug connection between Gore and the police department as the reason for the lack of investigation.

Former Oklahoma District Attorney William Peterson contacted John Grisham as early as 2006 saying that he had found errors in Grisham's book. Peterson posted copies of his correspondence with the author on the website he established to argue his case. In addition to the letters to and from John Grisham, the site includes editorials published in the Ada Evening News and the Daily Oklahoman that support his view of the proceedings. Unfortunately, the authors of these editorials are not included so determining bias is impossible. A book review written by the vice president of the National District Attorneys Association, Joshua Marquis is also included on Peterson's website. Marquis ridicules Grisham's journalism and his conclusions in the review.

In a section of Peterson's website titled "Grisham's Tale Exposed", he includes a link to a speech Grisham made at the University of Virginia in 2006 as proof that he anticipated a law suit to follow publication of the book. Peterson maintains that John Grisham said that he "goes after dead people because they cannot sue you." A video of the speech is available on the University of Virginia law school website and in it, he actually says that he gets a lot of his character names from local obituaries because the person is dead and can't sue you for using their name.

This case, like most that garner national attention, draws committed opinions on both sides. But whether you side with the state officials who brought the suit or with the defendants, the judge's opinion is the most important part of the story. Judge White's statement that, "...it is necessary to analyze and criticize our judicial system (and the actors involved) so that past mistakes do not become future ones," succinctly establishes the rights and responsibilities of society concerning the judicial system. The public has the responsibility to view, review, monitor, and discuss the judicial process. Journalists have the responsibility to investigate and publish their findings in order to support the public's access to information. It is up to the individual to determine bias and accept or disregard the facts as put forth by all participants in the events.

Sources:
http://features.csmonitor.com/books/2008/09/18/john-grisham-libel-suit-results/
http://www.eonline.com/uberblog/b29646_grisham_libel_suit_tossed.html
http://www.law.virginia.edu/html/news/2006_fall/grisham.htm
http://www.billpetersondistrictattorney.com/