Federal Judge Dismisses Libel Lawsuit Against John Grisham

A federal judge on Wednesday dismissed a libel lawsuit against best-selling author John Grisham over a nonfiction book he wrote about the 1982 killing of an Ada cocktail waitress, calling the petition's claims "not plausible.”

The lawsuit was filed last year by former Pontotoc County District Attorney William Peterson, former Oklahoma State Bureau of Investigation investigator Gary Rogers and Melvin Hett, an OSBI criminologist.

The lawsuit named Grisham, his publishing company and the authors and publishing companies of two other books critical of Peterson and his prosecution of murder cases.

Also named as a defendant was Barry Scheck, founder of the New York-based Innocence Project and an attorney for one of the men falsely accused in the killing of Debbie Sue Carter.

U.S. District Judge Ronald White on Wednesday dismissed the lawsuit saying, "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.”


Pair cleared by DNA
Dennis Fritz and Ron Williamson were prosecuted by Peterson and convicted of killing Carter. They were later cleared by DNA evidence and freed after 12 years in prison. Williamson, who was sentenced to death, was just five days away from his execution when he was granted a stay.
Grisham's book, "The Innocent Man,” and Fritz's "Journey Toward Justice” both documented the killing and subsequent trials. A third book, "The Dreams of Ada” by Robert Mayer, explored the investigation and prosecution of two other men for the 1984 killing of Denice Haraway in Ada.


Judge says analysis, criticism are needed
The plaintiffs alleged in their lawsuit that the defendants conspired to commit libel, generated publicity for themselves by placing the plaintiffs in a false light and intentionally inflicted emotional distress.
White rejected those claims in his ruling Wednesday in the U.S. District Court for the Eastern District of Oklahoma.

"Where the justice system so manifestly failed and innocent people were imprisoned for 11 years (one almost put to death), it is necessary to analyze and criticize our judicial system (and the actors involved) so that past mistakes do not become future ones,” White wrote in his ruling. "The wrongful convictions of Ron Williamson and Dennis Fritz must be discussed openly and with great vigor.”

The original lawsuit had alleged that attorneys for Fritz and Williamson participated in the wrongful treatment. At one point in the ruling, White quoted the movie "Casablanca,” and he included a footnote with a YouTube link in his ruling as a parody of how attorneys met with experts and discussed the facts of the case, using the opinions that are most favorable to their side.

Gary Richardson, the attorney for Peterson, Rogers and Hett, said he was still reading the judge's order to determine whether he would file an appeal.

"Of course, I'm quite disappointed and a bit surprised at the ruling,” Richardson said. "I felt that we had a solid case.”

Scheck, who worked to help free Fritz and Williamson, said he was pleased with the ruling.

"This is a victory for free speech and for holding officials publicly accountable for their role in wrongful convictions,” Scheck said in statement. "The court noted that we can learn from wrongful convictions to improve the system, and we can't do that unless these cases are fully examined, even when the facts are embarrassing for public officials who were involved in these miscarriages of justice.”
Source newsok.com

My first post on story - Tuesday, October 2, 2007

DA Bill Peterson Suing The Innocent Man Dennis Fritz For Emotional Distress
Dennis Fritz, who wrote the book, "Journey Toward Justice", is named as a defendant in a libel lawsuit along with , John Grisham, author of "The Innocent Man", Robert Mayer, author of "The Dreams of Ada", and all their publishers, and New York City attorney Barry Scheck, Fritz's former lawyer who once represented Fritz and is co-director of The Innocence Project.

With the aid of Barry Scheck and irrefutable DNA evidence, Dennis Fritz and Ron Williamson were exonerated in 1999. Pontotoc County District Attorney Bill Peterson and Gary Rogers, a former agent for the Oklahoma State Bureau of Investigation filed the libel lawsuit. The lawsuit, seeks at least $75,000 compensation and demands a jury trial. Peterson and Rogers were instrumental in the conviction of Ron Williamson and Dennis Fritz in the murder of Debbie Sue Carter in Ada, Oklahoma in 1982.

The conviction was later overturned on DNA evidence pursued by the Innocence Project, which Scheck heads, Dennis Fritz was wrongfully convicted of a crime he did not commit and spent 12 years in prison. Part of the lawsuit claims the defendants conspired to commit libel against the plaintiffs, generate publicity for self interest by placing them in a false light and intentionally inflicting emotional distress upon them.

So... Prosecutor with the help of Gary Rogers sent 2 innocent men, Dennis Fritz and Ron Williamson to prison for 12 years. Both Innocent men freed by DNA evaluation of crime scene evidence. Innocent man, Dennis Fritz writes book about his experiences. Prosecutor and Gary Rogers sue the innocent man they wrongfully sent to prison and Prosecutor and Rogers sue for intentionally inflicting emotional distress upon them. Only in America Folks...
Posted by Barbara's Journey Toward Justice

UPDATE OCT. 2008
Dennis Fritz, "The Innocent Man" and John Grisham's Real Life, "Appeal"
This story is just unbelievable. A libel lawsuit against Dennis Fritz, author of Journey Toward Justice and author, John Grisham headed to court of appeals. Read More HERE

John Grisham Asking Federal Court To Dismiss "The Innocent Man" Libel Lawsuit

OKLAHOMA CITY – Author John Grisham is asking an Oklahoma federal court to dismiss a libel lawsuit filed against him by Pontotoc County District Attorney Bill Peterson and others over their depiction in Grisham’s nonfiction best-seller "The Innocent Man", about the prosecution of Dennis Fritz and Ron Williamson for the 1982 murder of Debra Sue Carter. The Pontotoc County District Attorney Bill Peterson is the prosecutor who sent Dennis Fritz and Ron Williamson, 2 innocent men to prison for 12 years with no real evidence against them. The real killer Glen Gore, was the prosecution's key witness. Other defendants in the case:

• Author Dennis Fritz ,who tells his story of his unwarranted prosecution and wrongful conviction his book "Journey Toward Justice".
• Barry Scheck, one of Fritz’s lawyers who helped exonerate him in 1999, and a co-author of “Actual Innocence,” that discusses the case of Williamson and Fritz.
  
• Robert Mayer, author of “The Dreams of Ada.” - Mayer’s book discusses another Pontotoc County murder case that is also mentioned in Grisham’s book. The murder of Denice Haraway and the subsequent investigation, prosecution and conviction of Tommy Ward and Karl Fontenot. Bill Peterson got questionable convictions on Ward and Fontenot , and they are still in prison.
  Robert Mayer, author of The Dreams of Ada; and Barry Scheck, with The Innocence Project, have also filed motions asking the court to dismiss the lawsuit against them.
  
  
• The Doubleday Dell Publishing Group, publisher of “The Innocent Man” and “Actual Innocence.”
  
• Random House Inc., which owns Doubleday Dell.
  
• Broadway Books, publisher of “The Dreams of Ada.”
  
• Seven Locks Press and/or James C. Riordan, publisher of “Journey Toward Justice.”
  Seven Locks Press and James Riordan have asked that the complaint against them be dismissed for failure to state a claim.
  
  In addition to Peterson, other plaintiffs in the lawsuit are Gary Rogers, a former Oklahoma State Bureau of Investigation agent, and Melvin Hett, a retired OSBI criminalist.
  Bill Peterson and Gary Rogers were instrumental in the conviction of Ron Williamson and Dennis Fritz in the murder of Debbie Sue Carter in Ada, Oklahoma in 1982.
  The Peterson and Rogers lawsuit, filed in federal court, alleges civil conspiracy, libel, placing a person in a false light and intentional infliction of emotional distress.
  Dennis Fritz and Ron Williamson were eventually exonerated by DNA evidence after serving about 12 years in prison. A man named Glen Gore was ultimately convicted of the murder of Debra Sue Carter.
  Ron Williamson was sentenced to death for the Carter murder, Fritz received a life sentence. Ron Williamson died Dec. 4, 2004 at the age of 51.
  Dennis Fritz, recently wrote a book called, "Journey Toward Justice" about the case, is also named as a defendant in the lawsuit.
  Attorneys for Grisham, hang much of their argument for dismissal on First Amendment freedom of speech.
  “Grisham’s book, just like each of the other books about which the plaintiffs complain, is core political speech protected by the First Amendment and representing the highest order of public service by raising awareness about important social and political issues – the criminal justice system – and bringing to light issues of public concern about the performance by government officials of their public duties,” their brief states.
  They also told the court that long-established Oklahoma law forecloses any civil liability for criticism of the acts of public officials, except for any statement that “falsely imputes crime to the officer so criticized.”
  The attorneys contend that Grisham’s book amounts to constitutionally protected opinion, and that the complaint “does not contain enough facts to state any claim against Grisham and Doubleday that is plausible on its face.”
  They also said the plaintiffs should be required to identify specifically each allegedly actionable statement made by each defendant.
  “Their suggestion that The Innocent Man portrays them generally as ‘bad guys’ for their roles in the controversial convictions discussed in the book does not state a claim against Grisham and Doubleday,” the author’s attorneys stated to the court.
  The attorneys also contend that the plaintiffs’ false-light invasion of privacy claim is deficient for similar reasons, with the added argument that a public official can have no expectation of privacy with respect to the performance of public duties.
  
  Bill Peterson recently announced his intention to retire Jan. 2008, after serving some 27 years as district attorney.