| Hatfill libel suit against new york times dismissed { November 29 2004 } Original Source Link: (May no longer be active) http://www.dailypress.com/news/local/virginia/dp-va--anthrax-hatfillla1129nov29,0,7016078,print.story?coll=dp-headlines-virginiahttp://www.dailypress.com/news/local/virginia/dp-va--anthrax-hatfillla1129nov29,0,7016078,print.story?coll=dp-headlines-virginia
Hatfill's libel suit against New York Times dismissed By MATTHEW BARAKAT Associated Press Writer
November 29 2004
ALEXANDRIA, Va. -- A federal judge has dismissed a libel lawsuit against The New York Times filed by Steven Hatfill, who claimed the newspaper falsely insinuated he was responsible for the deadly anthrax mailings in 2001.
U.S. District Judge Claude Hilton also dismissed Hatfill's suit against Times columnist Nicholas Kristof, who wrote several columns in the spring and summer of 2002 on the FBI's handling of the anthrax investigation.
Hilton ruled that Kristof's columns did not defame Hatfill, and that they accurately reflected the state of the FBI's investigation, in which Hatfill was labeled "a person of interest" by Attorney General John Ashcroft.
Hilton's ruling, issued Wednesday, notes that the primary target of Kristof's columns was the FBI for its mishandling of the investigation. While several columns criticize the FBI for failure to thoroughly investigate Hatfill, Kristof also wrote that Hatfill was entitled to a presumption of innocence.
"It is evident that the Op-Ed pieces highlighting the perceived shortcomings of the FBI are not reasonably read as accusing Hatfill of actually being the anthrax mailer," Hilton wrote.
In most of the five columns cited in the lawsuit, Kristof does not mention Hatfill by name, referring to him only as "Mr. Z." Only after Hatfill held a press conference Aug. 11, 2002, does Kristof identify Hatfill.
The judge's ruling has no effect on a libel suit Hatfill filed in Washington against Attorney General John Ashcroft and other government officials, claiming they named him as a person of interest to deflect attention from their inability to find whoever was responsible.
Hatfill's lawyer, Victor Glasberg, said Monday that no decision has been made on whether to appeal Hilton's ruling.
Times spokeswoman Catherine Mathis said the paper is pleased with the ruling, "which upholds an important First Amendment right to comment on an investigation."
A similar suit filed by Hatfill against the publishers of Vanity Fair magazine and Reader's Digest for an article written by Vassar College professor Donald Foster was transferred from the federal court in Alexandria to Manhattan at the magazine's request.
The October 2001 attacks killed five people and sickened 17 others. Hatfill is still the only publicly identified "person of interest" in the case, although he has never been charged. Copyright © 2004, Daily Press
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