CBS ORDERED TO PAY HELMS’ LEGAL FEES

CBS has been ordered to reimburse former CIA Director Richard Helms for legal fees he paid in 1984 when he refused to give a videotaped deposition sought as part of CBS’ defense against Gen. William C. Westmoreland’s now-defunct libel suit against the network.

The ruling Tuesday by a federal appeals court in Washington didn’t specify the amount of money involved in Helms’ claim against the network. His attorney, John G. Kester, was not available for comment at Calender press time Wednesday.

In preparing its defense against Westmoreland’s lawsuit, CBS subpoenaed Helms, who appeared for a deposition Feb. 22, 1984. But he balked at having his pretrial testimony videotaped, and CBS lawyers petitioned a U.S. District Court to find him in contempt.

The petition was denied, and both Helms and CBS asked to be awarded court costs. Each was denied that, and Helms later appealed.

In finding for Helms on Tuesday, the federal appeals court described as “ill-founded” CBS’ lower-court request to have him found in contempt and said that “this case illustrates the need for imposing judicial sanctions against groundless litigation tactics.”

The ruling sent the case back to the lower court to determine the costs, expenses and attorney’s fees Helms incurred in both the district and appeals courts.

The case was an outgrowth of Westmoreland’s $120-million lawsuit against CBS in which the general alleged that a 1983 Vietnam documentary had libeled him. After 18 weeks of trial testimony in federal court in New York, Westmoreland withdrew his suit early this year.