Lawyer defamed, judge rules - News

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Mar. 29, 2008
Copyright © Las Vegas Review-Journal

Lawyer defamed, judge rules

Paper's misreporting found to have hurt reputation; trial to set damages

By DAVID KIHARA
REVIEW-JOURNAL

Las Vegas attorney David Rivers, a district judge candidate, poses Thursday with a copy of the Las Vegas Tribune in his downtown office.
Photo by K.M. Cannon.

The Las Vegas Tribune defamed a judicial candidate when it published a story accusing him of beating his wife and drinking, among other charges, a judge determined Friday.

District Judge Sally Loehrer said a March 12 story with the headline "A Judicial Candidate With History of Domestic Violence" defamed local attorney David Rivers because the accusations were false. She ordered a jury trial be held to award damages.

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Las Vegas Tribune founder Rolando Larraz "has the First Amendment right to lie about anything he wants to, but that Constitutional right to publish anything you want is not without consequences," Loehrer said. "And the consequences are damages."

She didn't thoroughly discuss whether the story was written with malice, a hard-to-prove component in defamation lawsuits against public figures.

The newspaper's attorney, Chris Rasmussen, said he will appeal the decision to the Nevada Supreme Court. He added that he will ask Loehrer to recuse herself.

Saying he was "sandbagged" during Friday's hearing, Rasmussen said the newspaper would have had to reveal a confidential source to prove the accusations are true. He also questioned whether Loehrer had the authority to rule that the article is defamatory.

"This is unbelievable," he said.

Rivers is a candidate for District Court Department 10, a seat held by District Judge Jessie Walsh. He said he will ask for $1 million in damages.

"I couldn't be happier," he said.

Rivers filed a complaint and a request for a temporary restraining order after the Tribune published a front-page story claiming Rivers was born with a Hispanic name but changed it to become "more Americanized." The story, which claimed Rivers "lies and drinks," stated Rivers is an alcoholic who beat his then-wife and was fired from the law firm of Lionel Sawyer & Collins for drinking.

The story listed court documents as the source of some of the information; Rasmussen said the Tribune also used a confidential source.

Rasmussen said the newspaper probably will publish a correction on some of the allegations.

Rivers conceded that the story had a whiff of truth. He said he once slapped his wife and gave her a black eye because she was biting his hand.

He also admitted to being an alcoholic, but says he hasn't touched a drop of booze in more than 20 years.

But other parts of the story are flat out wrong, he said. Rivers, 62, was especially upset that the newspaper said he changed his name to Rivers from "Macias."

Rivers, an American Indian who is part Comanche and Apache, was born in Washington state to parents who were born in Kansas and Iowa.

"I don't think you can get more American than Native American," he said.

Judge Loehrer agreed, saying the newspaper's claim that Rivers wanted to change his name "to become more Americanized is nothing more than an attempt to defame a man who's running for political office."

Friday's hearing was to determine whether Loehrer would ban the Tribune from printing any more stories about Rivers and his mother, who also was named as a plaintiff in the complaint.

The complaint named his mother because the Tribune sullied her reputation by implying she was impregnated by a man other than Rivers' father, Rivers said.

The preliminary injunction also asked Loehrer to order the newspaper to print a retraction.

But citing procedural court rules, Loehrer expanded the hearing's scope and made a legal ruling that the Tribune defamed Rivers.

Loehrer's defamation finding didn't sit well with First Amendment proponents and members of the press. Allen Lichtenstein, general counsel for the American Civil Liberties Union of Nevada, said malice is difficult to prove but an essential element in public figure defamation cases.

A failure to prove malice or blatant disregard for the truth makes the decision easier to win on appeal, he said.

Barry Smith, executive director of the Nevada Press Association, said the story was "harsh" but wondered whether it truly was defamatory.

"It's hard to defend bad journalistic habits. For public figures, there is a higher burden to meet to prove defamation," he said.

The Tribune, a free weekly, prints about 30,000 papers and is found at downtown convenience stores, at the courthouse and at libraries, said Larraz. Known as sensationalistic, the Tribune has been sued for defamation before because of often over-the-top stories and editorials. In 1999, the Tribune was sued when it accused a private investigator of fabricating evidence in a case.

Larraz declined to comment about the defamation case this week but said the newspaper operates on a shoestring budget.

"We are very, very poor. It's a miracle it comes out every week," he said.

Contact reporter David Kihara at dkihara@reviewjournal.com or (702) 380-1039.

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Please enter your name Name: Please enter your email Email: Please enter a comment COMMENTS : (word count limit is 300) You have reached the maximum number of words allowed Current Word Count: Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background. Sally Loehrer Is Unethical wrote on July 22, 2008 10:55 PM: Judge Sally Loehrer should not be commenting on ethical and legal matters, since she proved, in a recent decision, that she should be impeached for her unprofessional, Canon violating, unethical, defiance of her judicial oath, and un-prepared recent court ruling. One can see that she has reasons why she is not running for another term for the above mentioned reasons. Harold Monteau wrote on March 31, 2008 09:53 PM: I hope he sues them into oblivion. A formerly legitimate newspaper that prints trash and then hides behind the constitutional right of free speach, expecting claims of "poverty" to protect it's unethical journalistic practices, should leave the arena. However, the LVRJ is a small fish that does what the big fish do; sensationalize and editorialize instead of researching and confirming "facts". American journalism needs a "revival" of ethics before we can't trust the daily news anymore than we trust the tabloids. We have a right to "facts" and not just reports purporting to be the truth becasue someone said it. It certainly is koshure to say who said what and to attribute it to its source if to do so is not slanderous, but citing anonomous sources without independent confirmation is malicious and in and of itself amounts to a reckless disregard for the truth. Linda McKnight Hoban wrote on March 31, 2008 11:45 AM: David is a wonderful person, who always remembers birthdays and sends special birthday messages to all his friends. I have known him since grade school. In fact, we went to all the same grade schools, junior high, and high school in Richland Washington. There is not another person I know of that has more team spirit, and downright love for his fellow man, then David Rivers.... We love him, and are fightin' mad to hear untruths about him. Go David!! Roy Ballard wrote on March 31, 2008 08:02 AM: I would like to say that I've known David Rivers for quite a few years, (graduated a couple of years ahead of him), but Know that he and wife both to be upstanding and outright great people. It is about time for the news people to start getting their info correct before they print, otherwise they should be put out of business. I consider David to be a great friend and an upstanding person who would make a fine judge.... Roy Ballard Brigitte2USA0 wrote on March 30, 2008 02:48 PM: From someone who has known David for some time now; he is a Richland Bomber alumni who knows how to party hardy--ALWAYS sober and on his own time! He is kind, gentle and a caring man, and these stories are outrageous. Time for the press to realize that NOONE is perfect. We all have skeletons in the closet; including themselves. Good luck to David Rivers; both on attaining the position of judge, and winning this defamation suit. We here in Bomberville are pulling for you! Big Gus wrote on March 30, 2008 11:08 AM: Also Remember, folks, that Some great lawyers want to be judges when they see the "UnJust" decisions being handed out buy Judges "on The Take, so to speak". That may not be happening in this case, but it sure looks to be the case on the surface. I don't recall any one who wouldn't do something to get someone whos biting you to let go!! I don't think anyone would like to go around with some hanging on your hand by their teeth. Boy don't they take care of their own? wrote on March 29, 2008 04:16 PM: How about a segment featuring the Judges at parties in Big Bear. Maybe, Judge Sally Loehrer could be the narrator. Ann Onymous wrote on March 29, 2008 01:41 PM: Is it ok to give your old lady a black eye if she bites your hand? Right-on Ted wrote on March 29, 2008 11:28 AM: Bob Rose is a perfect example! Hardly wrote on March 29, 2008 11:21 AM: How and when did Rivers become a public figure? When he filed for office? I don't think so. It's time for the bs public figure designation to bite the dust. We're all EQUAL under the constitution. It's time we're ALL treated that way. Read All Comments