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Serves 'em right! LINKThe state's highest court affirmed a $2.09 million libel judgment against the Boston Herald today for a series of articles that included factual mistakes in the portrayal of a Superior Court judge as soft on criminals and insensitive to victims.
In a strongly worded unanimous opinion, the Supreme Judicial Court upheld a jury's ruling in February 2005 that the Herald and staff reporter David Wedge libeled Judge Ernest B. Murphy in a series of reports that began with front-page story headlined "Murphy's Law." The 2002 series criticized the superior court judge's sentencing practices as lenient and contained several explosive quotes attributed to him by unnamed sources.
"The press ... is not free to publish false information about anyone (even a judge whose sentencing decisions have incurred the wrath of the local district attorney), intending that it will cause a public furor, while knowing, or in reckless disregard of, its falsity," Justice John M. Greaney wrote in the opinion for the court.
A spokeswoman for the Herald declined to comment this morning.
The libel case centered on reports by Wedge that prosecutors in New Bedford had confronted Murphy over his alleged leniency toward offenders and on a statement -- attributed to the judge by anonymous sources and quoted by Wedge in the Herald -- that a teen rape victim should "get over it."
The SJC ruled that, "The jury found, and we agree, that there was, in fact, no legitimate basis for reporting in the Herald that: the plaintiff stated of a young rape victim, "She's . She got raped. Tell her to get over it.'" Murphy denied making those remarks and said the articles ruined his health and reputation. Because Murphy is a public official, his lawyers had to prove not just that the stories were false and defamatory, but also that the Herald acted with malice and aware that the material it was publishing was likely false.
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