Michael Grygiel, the attorney representing Gannett and its employees, praised the decision to protect reporters from defamation changes for accurately reporting statements from public officials. Court of Appeals upheld that ruling in a written decision issued on January 20, 2023. In dismissing the case, the lower court noted that “Parker was not required to fact-check the D.A.’s official statements, only to provide a fair and true report of them.”Ī panel of three judges with the Second Circuit of the U.S. Section 74 of New York's Civil Rights law says that “ civil action cannot be maintained against any person, firm orcorporation, for the publication of a fair and true report of any judicial proceeding, legislative proceeding, or other official proceeding.” Parker's article quotes McNamara referring to Jeanty as a “difficult individual,” outlining the evidence against him, and disagreeing with Jeanty’s opinion on the exculpatory nature of the evidence that led to his conviction being dismissed.Ī federal district court dismissed Jeanty's defamation claims in 2017 after concluding that the newspaper report of those statements was protected by the fair reporting privilege. The suit also named two of the newspaper's editors as defendants for their role in the story's publication. In his complaint, Jeanty argued that Parker published the allegedly defamatory statements by the prosecutor concerning the circumstances leading to his arrest and his efforts to get his conviction overturned despite knowing them to be false. 12, 2015, by former O-D reporter Micaela Parker. That conviction, however, was vacated in 2015 after it was found that evidence related to the charges had not been turned over for trial. A motion to dismiss the conviction was filed by Oneida County District Attorney Scott McNamara, who commented on the matter for a story written Aug. The suit was brought by Vladimir Jeanty, who was arrested on drug charges in 2009 and subsequently convicted of fifth-degree criminal possession of a controlled substance and seventh-degree criminal possession of a controlled substance. A panel of federal judges last month upheld a lower court decision to dismiss a defamation lawsuit against the Utica Observer-Dispatch and several members of its newsroom.
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