Suit by Ex-Public Defenders Against Talk Show Host Dismissed

An appellate court in Santa Ana on Thursday dismissed a $6.6-million defamation lawsuit filed by two Orange County deputy public defenders against a former radio talk show host.

The suit was filed against Carole Hemingway and KABC radio for allegedly misreporting an incident involving then-Deputy Public Defenders Jean Farley and James Egar during a rape trial in 1982.

Earlier Decisions

Quoting from earlier decisions, the appellate court justices said in their opinion Thursday that “erroneous statement is inevitable in free debate and must be protected if the freedoms of expression are to have the breathing space that they need to survive.”

Hemingway, no longer with the radio station, mistakenly reported that Farley, now in private practice, had been held in contempt of court for disappearing in the middle of the trial of a man accused of raping a 10-year-old girl.

Farley, who represented the accused rapist, left Orange County during a weekend recess in the trial to be with Egar, who was described by the court as her boyfriend and who had suffered complications after surgery. When she failed to return in time for the resumption of the trial, she was threatened with contempt of court, but a judge later ruled that her conduct had been “appropriate” under the circumstances and dismissed contempt charges.

In a series of critical talk shows, Hemingway said she felt “nothing but ill will” toward Farley and erroneously reported that Farley had been found in contempt of court.

“We need not speculate as to the reason for Hemingway’s misstatements,” according to the unanimous 4th District Court of Appeal’s opinion, written by Justice Edward J. Wallin.

“There is no indication the errors were deliberate or that she had any doubts as to whether she was telling the truth. In short, there is no evidence she harbored actual malice in broadcasting the results of her investigation.”

Reversing a Superior Court judge, the appellate court found insufficient evidence to show that Hemingway knew her reporting was false or was done with a reckless disregard for the truth.

The mistaken report of the contempt-of-court ruling does not show recklessness because Hemingway made the facts clear “during the course of the broadcasts,” according to the opinion.

“In any event, even if the reports had been flawless, it is unlikely Hemingway’s listeners would have viewed the matter any differently,” Wallin wrote.

Egar alleged that Hemingway never attempted to talk with him. “But even sloppy reporting does not constitute recklessness,” according to the opinion.

Anthony E. Liebig, one of the lawyers for KABC, termed the result “a great and wise decision.”

Egar and his attorney in the case, Eileen C. Moore, declined comment, saying they had not seen the decision.

In the 1982 criminal trial, Farley was representing accused rapist Darin Phillips.

The trial broke for the weekend on a Friday afternoon, with the young victim scheduled to resume testimony the following Monday. Egar underwent surgery in Canada, and Farley traveled there to be with him. She said that he suffered complications and that she believed that he was in a life-threatening situation.

Trial Delayed One Day

Farley failed to return, and, after delaying the rape trial one day, the judge issued an arrest warrant for her and ordered her to appear and explain why she should not be held in contempt of court. When she appeared and explained, the judge found that she had a “legal, legitimate excuse” and dismissed the contempt charge.

A mistrial was declared in the rape case, but Phillips eventually was convicted and was sentenced to 22 years in prison.