Psychologist Who Spoke to Reporter to Win Sympathy for Boy Faces Libel Suit

A defense psychologist who told a reporter about the troubled family life of a boy who stabbed his mother--in hopes of evoking sympathy for the boy--can be sued for libel, a state appeals court ruled Monday.

The out-of-court comments, which have been attacked as false by the Santa Rosa family, were not protected from libel action by the immunity that covers statements during judicial proceedings, said the 1st District Court of Appeal.

The 3-0 ruling reinstates the suit and allows the family to go to trial against the psychologist, John Podboy of Santa Rosa, and against Sonoma County. The county is a defendant because its public defender hired Podboy.

The 14-year-old boy, identified only as Marcus A., was arrested by Santa Rosa police in December, 1987, for investigation of attempted murder. The family’s lawyer, Nathan Cohn, said Monday that Marcus, “a disturbed kid,” stabbed his mother in the arm, then sat down and began crying.

A reporter called Public Defender Marteen Miller about the case and was referred to Podboy, a forensic psychologist Miller had hired to evaluate the youth, said Podboy’s lawyer, David Paynter.

The lawyer said that Podboy, after checking with an aide to Miller, discussed Marcus’ situation in hopes of helping the boy’s case.