Retired V.I. Superior Court Judge Leon Kendall declined to comment Tuesday on the outcome of his defamation lawsuit against the V.I. Daily News and two of its reporters, but all three of his attorneys had nothing but high praise for the eight-member jury that came in around 3 p.m. and announced they were, for the most part, finding in Kendall’s favor.
"As one of the lawyers representing Judge Kendall, we are delighted with the verdict," said attorney Gordon Rhea. "We are really delighted that Judge Kendall’s reputation has now been vindicated, and we felt that the jury gave very careful consideration to all the evidence."
The mood was light in the courtroom after the jury — which asked that the clerk of the court be allowed to read the verdict instead of the traditional foreman — handed down the decision in its fourth day of deliberations.
After Kendall, his family and attorneys shook hands and embraced in the courtroom, the judge also shook hands with the jurors, as attorneys on both sides were given a chance to meet with the jury in private after presiding Judge Edgar D. Ross dismissed them.
Named in the civil suit were the V.I. Daily News Publishing Co, along with reporters Joy Blackburn and Joseph Tsidulko. In the verdict, the jury found in favor of Kendall against the Daily News and Blackburn, but in favor of Tsidulko against Kendall.
Kendall was also awarded $240,000 in damages, which Cooper said might be bumped up by interest and an award for attorney’s fees.
Cooper, an attorney from the Boston-based firm of Todd & Weld, said a finding against two out of three of the defendants was good, since it’s "very rare" for a public official to even get a defamation suit to trial, let alone prevail.
"Everything must be proven with clear and convincing evidence," he said.
Kendall’s attorneys have said the evidence in this case was heavy, with supporting testimony from heavy hitters such as former Gov. Charles W. Turnbull and his former chief of staff Juel Molloy, along with well-known territorial Judge Verne Hodge. Cooper said Hodge’s statements on the stand indicated that Kendall — whose bail decisions have been publicly railed against and challenged by various watchdog groups — had interpreted the law "correctly" while on the bench.
"Judge Kendall devoted his professional career to the community, and we are glad to have his good name cleared," said attorney Julie Greene, also from Todd & Weld.
The case centered on 16 of the newspaper’s articles and three specific court cases presided over by Kendall. But the jury’s decision was based on one involving Daniel Castillo, the man later sentenced to life in prison for the 2007 murder of 12-year-old La’Quina Hennis, Cooper explained.
Kendall’s attorneys have said the articles indicate Kendall released Castillo despite a history of violence — a history, they said, that was never presented to the judge.
"Really what you saw there was an immediate effort to brand Judge Kendall somehow as an accomplice to the murder of the little girl," Cooper said Tuesday. "And the jury found that they acted to defame Judge Kendall with actual malice."
The verdict showed that even in the face of the first amendment, the media still has a duty to "get things right," Cooper added.
Daily News attorney Kevin Rames made it clear Tuesday that an appeal will be filed in the V.I. Supreme Court within the next 10 days.
"The Daily News respects the decision of the jury and thanks them for their service," he said after the trial. "However, the first amendment principles protect and defend the operation of a fair press and demand that the Daily News and Joy Blackburn continue the defense of their case…. the Daily News will appeal to the V.I. Supreme Court, where we fully expect that our reporting on the activities and decisions of public officials in the territory will be supported."
