Posted on 05/16/2004 6:20:13 AM PDT by nuconvert
Santos, Sackatoga Sue Miami Herald for Libel
5/9/2004 12:07:00 PM
Jockey Jose Santos and Sackatoga Stable, the connections of 2003 Kentucky Derby (G1) winner Funny Cide, filed a lawsuit on Tuesday in federal court against the Miami Herald and its parent company, Knight Ridder Inc., for libel and are seeking $48-million in damages, the Associated Press reports.The suit stems from a story and a photograph published on May 10, 2003, that appeared to show Santos holding an object in the same hand as his whip just after he guided Funny Cide across the finish line. Bernie Hettel, Kentucky’s chief state steward at the time, said he was notified by a Miami Herald reporter of a photograph that appeared to show Santos holding a device in his right hand. Churchill steward Rick Leigh was quoted by the Miami Herald as saying the photograph looked suspicious.
An investigation was launched into whether Santos had carried a device in his hand during his ride on Funny Cide, and after further examination of other photographs and video footage, officials determined Santos had not violated any racing rules, except for the Jockeys’ Guild patch worn on his leg.
The suit claims that the newspaper’s articles and photos, which were picked up by media outlets around the world, were libelous even after Santos "directly and inarguably disagreed with, contradicted, and denied all of the allegations" during an interview with Herald reporter Frank Carlson, who was one of several individuals named as co-defendant in the suit, the Associated Press reports.
The newspaper misquoted Santos as saying he carried a "cue" ring to alert an outrider to his presence after the race. Chilean-born Santos, who speaks with a heavy accent, later said he was referring to his "Q-Ray" bracelet worn for arthritis.
Under language in the suit, as reported by the Louisville Courier-Journal, "The foregoing publication when coupled with accompanying photograph(s) incorrectly and in a false light implied that at some point in time (the) plaintiffs cheated, conspired to cheat, perpetuated a fraud, and purposefully and willfully used illegal methods to secure a victory in the 129th running of the Kentucky Derby."
Robert Beatty, attorney and spokesman for The Miami Herald Publishing Co., told the Associated Press on Sunday he had not seen the lawsuit.
"Once we do, we will analyze it and determine the appropriate response," he said. "But I can assure you that we will be defending against the allegations vigorously."
Six months after Santos was cleared of any wrongdoing, the Miami Herald printed an apology on November 1, in a 145-word article under the heading "Corrections," which acknowledged that a misunderstanding occurred when Carlson asked Santos whether he held an object in his hand during the race.
Good. I hope the Miamai Herald loses and has to pay out a LOT of money.
They won't. How much more public can a person be than the jockey of a horse in the Kentucky Derby. I am surprised he even found an attorney to file such a waste of time lawsuit.
It sounds as if the reporter tried to make news on his own.
What possible damages could they have suffered to justify this suit?
Well, at the time, it was a big story. People were insinuating that he cheated. A jockey who cheats doesn't get much work. And Santos is well known, been around quite a while. It sullied his name and reputation.
Waste of time? I'm surprised it took this long.....
A public person has to prove both malice and damages to prove libel in this country. I will be surprised if the ever collect a dime.
We will see.
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