Tuesday, July 29, 2014

Go figure

Former governor of Minnesota. No, really.
Jesse Ventura won his defamation case against the estate of author Chris Kyle, a former U.S. Navy SEAL who said he punched out the former Minnesota governor for criticizing the SEALs’ role in the Iraq war.

The jury awarded a total of $1.845 million: $500,000 in defamation damages and $1.345 million for “unjust enrichment” — or to be specific, $1,345,477.25.

Jurors could not reach a unanimous verdict, as instructed. Instead, with the consent of both sides, they voted 8 to 2 in Ventura’s favor.

Ventura was not in the courtroom when the verdict was read.

U.S. District Judge Richard Kyle said federal rules require a unanimous verdict but allow for a split verdict if both sides agree.

One man and one woman voted no on verdict when all jurors were polled in the courtroom. It appeared the forewoman was one of the two no votes.
A few thoughts:

  • First, the obvious one -- I surely didn't see this coming. Ventura has spent his adult life as a controversialist, so it's difficult to imagine that anyone would somehow think better of him after winning this verdict, but he doesn't have to convince the public at large; he only had to convince 10 people and somehow he got 8 of the 10 to agree.
  • Is he vindicated? I tend to doubt it. He might have been justified in suing Chris Kyle while he was alive, but after Kyle was murdered, it would have been a gracious move to quietly drop the matter, rather than dragging his widow into court. Jesse Ventura's never been about being gracious, though.
  • The only winner here are the lawyers who made up Ventura's legal team. I have a feeling that they'll be in great demand for the foreseeable future, because winning a case of this sort is highly impressive. Winning a libel suit when the person claiming damages is a public figure is horrendously difficult.
  • It will be interesting to see if Kyle's widow decides to settle the case now. She might win on appeal, but the court costs could further impoverish her. 
  • Does this verdict reflect unfavorably on Minnesota? Well, yes and no. I tend to think it reflects more on the jury, and again in the skills of Ventura's legal team in identifying jurors who would be willing to give Ventura the benefit of the doubt. I will be highly curious to see what the jurors say in the coming days about the trial and about the deliberations that followed.

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