The Associated Press
St. Paul, Minn. (AP) -- A jury’s $110,000 award should be reinstated for a police officer who accused a Twin Cities TV station of defaming him in a news report about a fatal 1999 shooting, the state Court of Appeals ruled Tuesday.
The jury awarded the money in July 2003, saying that a broadcast on KARE-TV was false, defamatory and published with actual malice.
A Hennepin County judge later overturned the verdict, saying the police officer had failed to prove the statement was broadcast with actual malice and that the jury wasn’t properly instructed about the term.
The appeals court disagreed, writing: “The jury’s credibility determinations when analyzing whether a statement was made with actual malice are afforded deference and are sustained unless clearly erroneous.”
Judge James Harten wrote the unpublished opinion on behalf of himself and judges David Minge and Jill Flaskamp Halbrooks.
John Remes, KARE-TV’s president and general manager, said the station was unhappy with the decision.
“We remain steadfast in our belief that our reporting was fair and accurate and are reviewing our options,” Remes said.
The station hasn’t decided whether to appeal the decision to the Minnesota Supreme Court.
The case stems from the 1999 shooting death of Kevin Hartwig. Officer Tom Schlieman shot Hartwig in a scuffle outside Hartwig’s home.
KARE broadcast a report that said two of Hartwig’s neighbors said the man wasn’t acting aggressively before he was shot by Schlieman. Schlieman sued the station.
One of the neighbors later testified at the Hennepin County District Court trial that she told KARE that Hartwig had been aggressive and charged Schlieman with a knife. The other neighbor said he didn’t talk to the reporter before the report aired.