269:
194:
referred to the letters he received from Judge Murphy saying, Murphy "correctly predicted the Herald had 'zero chance' that his colleagues on the bench would side with the Herald rather than one of their own" and that "no shred of evidence exists, as
Justice Greaney alleged in his opinion, that Wedge altered the quotation provided by his trusted sources."
364:
127:
gist of the quotes in what was said appear to be accurate," but that he did not remember Judge Murphy using the words "tell her." Walsh said
Crowley told him about Murphy's remarks in the lobby conference and acknowledged he did not know whether the judge said, "get over it," "she needs to get over it," or "tell her to get over it."
417:
227:
In
November the CJC issued a 27-page report that found Murphy's letters to Purcell were "improper in tone and content" and recommended a public reprimand. The CJC recommended a 30-day suspension, a $ 25,000 fine and a public censure for Murphy for the letters. In August 2008, Judge Murphy and the CJC
193:
publisher
Patrick Purcell released a statement saying "We are disappointed with the Supreme Judicial Court's relentlessly one-sided view of Dave Wedge's reporting on a public controversy within the judicial system, and are unwavering in our complete confidence in Wedge's journalistic skills." Purcell
114:
Wedge testified under oath that two sources told him about Judge Murphy's alleged comments regarding the 14-year-old rape victim. Wedge understood, according to his testimony, that these two sources were not present when the rape comment was allegedly made by Judge Murphy. According to Wedge, he then
126:
District
Attorney Paul F. Walsh, Jr. and Assistant District Attorneys Gerald Fitzgerald and David Crowley. Fitzgerald testified that he told Wedge that Judge Murphy said "tell her to get over it." Crowley, the source who claimed to be present when Murphy made the alleged comment, testified that "the
204:
filed a petition requesting the court reconsider its decision, alleging that the SJC judges made several errors in their ruling, including misquoting
Crowley's testimony and erroneously suggesting that Crowley said he heard Murphy make a sympathetic-sounding comment. The SJC acknowledged the error,
171:
In a unanimous decision "sharply critical of the newspaper and its reporter, David Wedge," the
Supreme Judicial Court said "there is an abundance of evidence that, taken cumulatively, provides clear and convincing proof that the defendants either knew that the published statements found by the jury
51:
and David Weber. According to official court documents, "at the close of the evidence, the trial judge entered judgment in favor of Eagan and Weber pursuant to Mass. R. Civ. P. 50 (a), 365 Mass. 814 (1974). The jury returned their special verdict finding
Crittenden not liable. None of the three is
59:
published the first articles about Judge Murphy on
February 13, 2002 in a front-page story that used the headline "Murphy's Law; Lenient judge frees dangerous criminals." The article, written by Wedge and Crittenden, depicted Judge Murphy as "callously indifferent to victims" and quoted unnamed
118:
The court found Wedge's testimony in the trial to be "thoroughly and convincingly impeached by his own deposition testimony," which he gave in July and August 2002. At the deposition, "Wedge contradicted his trial testimony in every material respect."
212:
On July 10, the
Massachusetts Commission on Judicial Conduct charged Judge Murphy with ethical violations including "willful misconduct" for the controversial letters he sent to Purcell. The CJC held a public hearing on Murphy's letters on October 15.
115:
confirmed the quote with a third source who was present when Judge Murphy allegedly made the comment about the rape victim. He "refused to concede that his front-page story on Murphy was at all flawed."
91:
and said Judge Murphy coddled defendants and "caused headlines for making disparaging remarks to victims." Wedge's comments were cited as being "crucial" in Murphy's libel case against Wedge and the
137:
and David Wedge had defamed Judge Murphy and published false information about him. The jury awarded Murphy $ 2.09 million in compensatory damages, an award later reduced to $ 2.01 million.
562:
327:
220:
to retire him early with a full pension, even though he hadn't earned retirement benefits. Patrick denied the request. The judge also filed a $ 6.8 million suit against the
197:
Wedge released his own public statement in which he "vehemently" disagreed with the SJC's decision and continued to "firmly stand by" his reporting on the stories.
175:
The court found the evidence in the case supported the jury's verdict of actual malice. The Supreme Judicial Court opinion, written by Justice
400:
381:
348:
460:
592:
545:
205:
as well as others, and corrected the record but denied the Herald's motion to reconsider, ending the case in the state's courts. The
494:
60:
courthouse sources that claimed Judge Murphy had said about a rape victim: "'She's 14. She got raped. Tell her to get over it.'"
582:
528:
437:
67:
published the stories he was "bombarded with hate mail, death threats and calls for his removal from the bench." Someone in a
597:
511:
165:
179:, said that "by the end of Wedge's testimony, his credibility on any material factual point at issue was in tatters."
477:
123:
31:
which centers on a series of articles about the New Bedford Superior Court judge that were published by the
130:
Murphy testified that the quotes attributed to him by defense witnesses were "absolutely preposterous."
602:
172:
to be libelous were untrue or that they published them in reckless disregard of the probable falsity."
307:
152:
publisher Patrick Purcell, demanding the publisher meet with him and deliver a $ 3.26 million check.
289:
Judge Dread: The SJC’s libel ruling won’t cripple the media — but it could seriously hurt the Herald
216:
Murphy claimed in August that he suffered from post-traumatic stress disorder and asked Governor
587:
345:
87:
228:
reached an agreement that he was "permanently disabled" and he stepped down from the bench.
461:
Judge who won libel lawsuit faces ethics charges; Commission says he tried to bully Herald
8:
563:"SJC: Former Superior Court Judge Ernest B. Murphy is not entitled to disability pension"
512:
Judge seeks $ 6.8 million from Herald's insurer; Cites failure to settle defamation case
78:
claiming that his reputation had been damaged and that he had been emotionally scarred.
288:
231:
In September 2012, the SJC ruled that Murphy was not entitled to a disability pension.
529:
Report urges public reprimand for judge; Says two letters to newspaper were improper
434:
254:
441:
352:
209:
paid Judge Murphy $ 3.4 million on June 7 to cover the jury award plus interest.
332:
293:
576:
274:
217:
189:
106:
48:
23:
495:
Judge in Herald case asks early retirement; Patrick rejects claims of stress
224:
s insurance company, claiming that the libel case should have been settled.
122:
During the trial, the jury also heard testimony from Wedge's three sources,
386:
176:
71:
internet chatroom even said that Murphy's own daughters "should be raped."
145:
63:
Judge Murphy denied ever making the alleged rape comment but after the
28:
401:
Herald fights $ 2m libel verdict; Says judge wrote 'bullying' letters
140:
Shortly after the verdict, in an apparent attempt at "bullying" the
82:
446:
21:
is a libel case brought by Judge Ernest B. Murphy against the
74:
In June 2002, Judge Murphy filed suit against Wedge and the
144:
into a settlement, Judge Murphy wrote two letters on court
478:
CJC public hearing set on Judge Murphy misconduct charges
256:
Ernest B. Murphy vs. Boston Herald, Inc., & another
270:
Murphy's Law; Lenient judge frees dangerous criminals
168:, but on May 7, 2007 the court upheld the verdict.
435:Boston Herald asks SJC to reconsider libel ruling
574:
308:Judge's Libel Suit Against Boston Herald Begins
328:Judge's Libel Victory Against Paper Is Upheld
250:
248:
246:
244:
47:reporters and columnists Jules Crittenden,
241:
133:In February 2005, the jury found that the
418:SJC upholds judge's libel case vs. Herald
322:
320:
182:
365:Herald source heard second-hand comment
575:
546:Judge Murphy agrees to leave the bench
317:
382:Witness testifies about Herald quotes
18:Murphy v. Boston Herald, Inc., et al.
166:Massachusetts Supreme Judicial Court
81:On March 7, 2002, Wedge appeared on
476:Jessica Van Sack and Joe Dwinell, "
13:
187:In the wake of the failed appeal,
14:
614:
593:United States defamation case law
555:
538:
521:
504:
487:
470:
453:
427:
410:
583:1974 in United States case law
393:
374:
357:
339:
300:
281:
262:
1:
234:
103:In January 2005, the case of
38:
598:Massachusetts state case law
43:Also named in the suit were
7:
351:September 24, 2006, at the
10:
619:
52:involved in this appeal."
155:
98:
200:On May 21, 2007, the
183:Reaction and response
535:, November 22, 2007.
407:, December 21, 2005.
371:, February 10, 2005.
278:, February 13, 2002.
390:, February 9, 2005.
314:, January 24, 2005.
88:The O'Reilly Factor
565:. August 31, 2012.
552:, August 20, 2008.
518:, August 18, 2007.
484:, October 5, 2007.
440:2011-07-19 at the
603:Massachusetts law
544:Shelley Murphy, "
510:Shelley Murphy, "
501:, August 2, 2007.
493:Frank Phillips, "
380:Mark Jurkowitz, "
610:
567:
566:
559:
553:
542:
536:
525:
519:
508:
502:
491:
485:
474:
468:
467:, July 11, 2007.
457:
451:
431:
425:
414:
408:
399:Ralph Ranalli, "
397:
391:
378:
372:
361:
355:
343:
337:
324:
315:
304:
298:
285:
279:
266:
260:
252:
164:appealed to the
618:
617:
613:
612:
611:
609:
608:
607:
573:
572:
571:
570:
561:
560:
556:
543:
539:
526:
522:
509:
505:
492:
488:
475:
471:
458:
454:
450:, May 21, 2007.
442:Wayback Machine
432:
428:
415:
411:
398:
394:
379:
375:
362:
358:
353:Wayback Machine
344:
340:
325:
318:
305:
301:
286:
282:
267:
263:
253:
242:
237:
185:
158:
101:
41:
12:
11:
5:
616:
606:
605:
600:
595:
590:
585:
569:
568:
554:
537:
527:Andrew Ryan, "
520:
503:
486:
469:
459:Raja Mishra, "
452:
426:
424:, May 8, 2007.
416:Jesse Noyes, "
409:
392:
373:
363:Greg Gatlin, "
356:
338:
336:, May 8, 2007.
333:New York Times
326:Pam Belluck, "
316:
306:Ken Maguire, "
299:
297:, May 9, 2007.
294:Boston Phoenix
287:Adam Reilly, "
280:
261:
239:
238:
236:
233:
184:
181:
157:
154:
124:Bristol County
109:, Inc., et al.
100:
97:
40:
37:
9:
6:
4:
3:
2:
615:
604:
601:
599:
596:
594:
591:
589:
588:Boston Herald
586:
584:
581:
580:
578:
564:
558:
551:
547:
541:
534:
530:
524:
517:
513:
507:
500:
496:
490:
483:
482:Boston Herald
479:
473:
466:
462:
456:
449:
448:
443:
439:
436:
430:
423:
422:Boston Herald
419:
413:
406:
402:
396:
389:
388:
383:
377:
370:
369:Boston Herald
366:
360:
354:
350:
346:
342:
335:
334:
329:
323:
321:
313:
309:
303:
296:
295:
290:
284:
277:
276:
275:Boston Herald
271:
268:Dave Wedge, "
265:
258:
257:
251:
249:
247:
245:
240:
232:
229:
225:
223:
219:
218:Deval Patrick
214:
210:
208:
203:
198:
195:
192:
191:
190:Boston Herald
180:
178:
173:
169:
167:
163:
153:
151:
147:
143:
138:
136:
135:Boston Herald
131:
128:
125:
120:
116:
112:
110:
108:
107:Boston Herald
96:
94:
90:
89:
84:
79:
77:
72:
70:
69:Boston Herald
66:
61:
58:
57:Boston Herald
53:
50:
49:Margery Eagan
46:
36:
34:
30:
26:
25:
24:Boston Herald
20:
19:
557:
550:Boston Globe
549:
540:
533:Boston Globe
532:
523:
516:Boston Globe
515:
506:
499:Boston Globe
498:
489:
481:
472:
465:Boston Globe
464:
455:
445:
429:
421:
412:
405:Boston Globe
404:
395:
387:Boston Globe
385:
376:
368:
359:
341:
331:
311:
302:
292:
283:
273:
264:
255:
230:
226:
221:
215:
211:
206:
201:
199:
196:
188:
186:
177:John Greaney
174:
170:
161:
159:
149:
141:
139:
134:
132:
129:
121:
117:
113:
104:
102:
92:
86:
80:
75:
73:
68:
64:
62:
56:
54:
44:
42:
32:
22:
17:
16:
15:
577:Categories
235:References
146:letterhead
105:Murphy v.
39:Background
29:Dave Wedge
438:Archived
349:Archived
83:Fox News
447:WHDH-TV
312:Law.com
222:Herald'
111:began.
207:Herald
202:Herald
162:Herald
156:Appeal
150:Herald
142:Herald
93:Herald
76:Herald
65:Herald
45:Herald
33:Herald
99:Trial
160:The
55:The
27:and
548:,"
531:,"
514:,"
497:,"
480:,"
463:,"
444:,"
420:,"
403:,"
384:,"
367:,"
330:,"
310:,"
291:,"
272:,"
148:to
85:'s
579::
347:.
319:^
243:^
95:.
35:.
433:"
259:.
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.