MEDIA / KEVIN BRASS : Defamation Suit Against Channel 39 Off and Running

The degree to which a television news report can damage a person’s reputation is the central issue in a defamation suit against Channel 39 now being argued in Superior Court.

On Oct. 12, 1983, Channel 39 reporter Jody Hammond mistakenly told viewers that, according to a grand jury report, County Supervisor Paul Eckert had been seen in a parking lot hugging and kissing an alleged prostitute. Later in the report, she correctly identified Naomi O’Hara as the woman Eckert hugged.

Except O’Hara was never accused of being a prostitute. Christine Cole, Eckert and O’Hara’s companion during that now-infamous night of barhopping, would later be charged with pimping and pandering. But O’Hara was never connected to Cole’s alleged prostitution ring.

After six years of legal jockeying and two days of jury selection, attorneys for both sides made their opening statements Friday.

O’Hara’s attorneys are portraying her as a marketing and promotions professional--formerly the marketing director of Seaport Village, Agua Caliente and Marina Village--whose career was ruined by Channel 39’s report. She was self-employed at the time of the incident.

“It destroyed her business,” O’Hara’s attorney, Robert Swanson, told the court. “She has not had any gainful employment since then.”

Mistakes happen all the time, but Swanson claims that Channel 39, then owned by Storer Communications, displayed “reckless disregard” for the facts.

“The evidence will show that the reporter never read the grand jury transcripts,” Swanson said.

Besides Hammond, now with KFMB-TV (Channel 8), former Channel 39 reporters Laura Buxton, now host of KGTV’s (Channel 10) “InSide San Diego,” and Whitney Southwick will be called to testify. Buxton and Southwick introduced Hammond’s report in subsequent broadcasts.

Eckert, who lost a bid for reelection in 1986, and former Mayor Roger Hedgecock are also on the list of potential witnesses.

Hedgecock, Swanson said, might testify to the damage the report did to O’Hara’s career.

A similar suit filed by Swanson against KSDO-AM (1130) is currently in legal limbo. A recent effort by Swanson to connect the suit to the case against Channel 39 was denied by the court. KSDO, Swanson said, did not identify his client by name, but reported that “a prominent San Diegan” was seen with a prostitute.

Swanson and O’Hara reached an out-of-court settlement with the Los Angeles-based KNX radio, which aired its own story.

Terms of the settlement were not disclosed.

Friday in court, Steven Davis, representing Channel 39, admitted the station had made “an error, a mistake.” But he questioned the extent of O’Hara’s damages, her efforts to mitigate the damages and the degree of Channel 39’s responsibility. Several media outlets reported on the case, he pointed out.

Davis also said that Swanson never formally asked for a retraction.

“Channel 39 wasn’t aware of the mistake it had made until some weeks later,” he told jurors.

The case will also focus on O’Hara’s relationship with Cole, her Linda Vista neighbor. In his opening statement, Davis suggested that comments by O’Hara to a police friend initiated the investigation of Cole.

“In a very real way, the evidence will show that the origin of the grand jury indictment was Mrs. O’Hara,” Davis said.

Defamation suits against the media are not unusual. However, it is rare for them to actually reach trial, and even rarer that a station admits its mistake. But the impact of a television news report, and a station’s responsibility to right any wrong that a false report might have caused, have long been a source of debate within the industry.

Much of the O’Hara case apparently will focus on psychological testimony, addressing the impact of Channel 39’s coverage on O’Hara’s mental state.

“There is a very real question of the nature and extent of the alleged damages,” Davis said in an interview.

Was that Geraldo chasing shackled murder suspect Charles Russ through a crowded hallway Thursday? No, just Channel 39’s John Britton. “Did you kill your wife?” he repeatedly shouted at Russ, refusing to be ignored. Here’s the scoop: Russ said no. . . .

Steve Garvey’s troubles may be far from over. Both Channel 39 and Sports Illustrated are preparing investigative pieces on the ex-slugger. . . .

Channel 8 news personalities are reaching new levels of happy talk, bantering incessantly during every segue. The latest topic of light and meaningless conversation has been anchorman Stan Miller’s impending marriage, as if his fans are dying to know what happened at his bachelor party. Miller said he couldn’t remember. Boy, what yuks. It’s as if they all graduated from the Mike Douglas School of Banal Banter. . . .

Doug Dougherty, who abruptly left his job as chief of Channel 39’s broadcast-services department to take a job as line producer for the syndicated program “Hard Copy,” said the decline in the number of shows being produced at Channel 39 had nothing to do with his departure. In fact, he had nothing but nice things to say about the station. “Neil Derrough (general manager) is the best boss I’ve ever worked for,” Dougherty said. “Channel 39 is really the only station in San Diego doing things other than cookie-cutter programs.” . . .

As much a part of the La Jolla community as parking problems and overpriced drinks, Spence Wilson is retiring after 37 years as manager of the Cove Theater. He is 77 years old. . . .

“Cops” has completed its taping with the San Diego County Sheriff’s Department. Five episodes featuring locals are scheduled to begin airing Nov. 4. . . .

Seventy-four percent of the respondents to a recent KSDO-AM (1130) poll did not think KFMB-TV (Channel 8) weatherman Larry Mendte is funnier today than when he first came to San Diego. . . .

San Diego State University telecommunications teacher Patsy Winsor is shopping a screenplay that she developed with Vista resident Tom Thackara based on the life of Gen. William Tecumseh Sherman. Thackara is Sherman’s great-great-grandson. . . .

Adams Communications expects to complete its takeover of KCBQ on Nov. 15.