Narco
News
"Drug
War
on
Trial"
Case
Has
First
Hearing
in
New
York
City
7/27/01
(The following is excerpted from a Narco News press release:) The New York State Supreme Court heard oral arguments last Friday (7/20) in the "Drug War on Trial" case by free speech defendants and attorneys, who moved to dismiss the SLAPP suit brought by the National Bank of Mexico (Banamex) against Narco News, Mexican journalist Mario Menendez and journalist Al Giordano. As attorney David Atlas, assisted by Martin Garbus, both partners in the Franklin Garbus law firm, began describing to the judge how Banamex had already lost this case before three Mexican judges, Supreme Court Justice Paula Omanksy looked at the standing-room-only Courtroom and asked, "who are all these people scribbling?" "They're reporters, Your Honor," replied Giordano. Present at the hearing were Associated Press, The Wall Street Journal, The Christian Science Monitor, Rolling Stone, CNN Español, WiredNews, Online Journalism Review, The Nation, New York IndyMedia, DRCNet The Week Online, and other reporters from various local, national and international media. Atlas described to the judge how Banamex, having lost this case in Mexico, now sought a fourth bite of the apple in New York, and is barred from bringing suit in New York because, under Mexican law, civil damages for libel cannot be sought unless and until there is a criminal conviction on the charge. Judge Omanksy asked Banamex attorney Thomas McLish why, then, Banamex was bringing suit here in New York. A visibly shaken McLish, speaking nervously, claimed that it was the Mexican government that brought the charges against Menendez in Mexico, not Banamex. Defense counsel pointed out that Banamex assisted the Attorney General with the Mexico prosecution. The Judge compared the situation to British law, noting that regardless of what entity brought the charges in Mexico, it wasn't disputed that the case was already brought and lost there, and gave McLish another chance to state why, then, is the case being brought in New York? Next up was Narco News Bulletin attorney Tom Lesser, who summarized the arguments made in the motions to dismiss: that the allegedly defamatory statements were not defamatory, were not "of and concerning" Banamex and merely identified the accused drug trafficker Roberto Hernandez as owner of Banamex, and that they constituted protected opinion under New York law. He also explained why New York court should not accept jurisdiction over the Mexican-based Narco News website. And he concluded by arguing that the interests of the First Amendment require the court to rule now, at this stage of the proceedings, noting that it has cost the defendants $200,000 dollars just to get to this first hearing. Giordano argued to Judge Omansky that the Banamex complaint was deceitful, that it took his words out of context and pasted them together to create a defamation where there was none. Giordano noted that Banamex didn't even give the court the evidence; that it was he, as defendant, who provided the court with the videotape of the March 2000 Columbia University Law School forum, the audiotape of the March 2000 WBAI Let 'Em Talk program, and the full text of the Narco News Bulletin from its birth on April 18, 2000 to the date Banamex brought suit, August 9, 2000, and that the defense had nothing to hide: no defamatory statements were made. Giordano concluded by stating that New York case law, specifically Parks v. Steinbrenner, and the landmark Steinhilber and Immuno decisions, clearly show that now, at the motion-to-dismiss stage, is the hour to determine whether his statements constituted protected opinion under New York law, and that the Court should make these determinations before reviewing the jurisdictional issues because, for example, if the Court dismisses the slander charges against Giordano and Menendez for their statements in New York, that decision will affect the question of jurisdiction over the Mexican web site Narco News. The Judge promised to read the documents and render her decision once she has had the time to do so. She said the case was "interesting." The press and supporters of Narco News then joined Garbus, Atlas, Lesser and Giordano at a press conference in front of the courthouse. There, Giordano held up a copy of the 578-page Exhibit, a book now titled "The Mexico Papers," noted how deeply into debt he and the "Drug War on Trial" defense fund have gone in order to be at today's hearing, and announced that as a defense fundraiser, a limited edition printing of the book, "The Mexico Papers," will now go on sale for $100 apiece, exclusively to benefit the defense. (For a copy of this limited edition anthology of all the articles and commentaries on Narco News during its first 113 days of publication last year, send your contribution of $100 (or more) to: Drug War on Trial c/o Attorney Tom Lesser, Lesser, Newman, Souweine and Nasser, 39 Main Street, Northampton, MA 01060. Make Checks out to "Drug War on Trial" and mark "The Mexico Papers" on the check if you want a first-edition collector's copy of this new book.) A second press conference was then held in Spanish by Giordano for CNN Español. Narco News has resumed its regular reporting on the drug war in Latin America -- visit http://www.narconews.com to read them or visit http://groups.yahoo.com/group/narconews/ to subscribe to the Narco News e-mail list.
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