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Copyright Times Publishing Co. Aug 19, 2004
Two
investigative reporters who accused their bosses in a lawsuit of distorting
their story about growth hormones in milk won't have to pay nearly $2-million in
attorneys' fees to a local Fox affiliate, a judge ruled Wednesday.
After
a two-hour hearing, Hillsborough Circuit Judge Vivian Maye ruled that Jane Akre
and Steve Wilson filed their 1998 lawsuit against WTVT-Ch. 13 in good faith. As
the case proceeded through the court system, judges agreed it had enough merit
to go to trial, Maye said. And a jury ruled, at least in part, in Akre's favor,
even though that decision was later overturned by an appeals court, Maye noted.
The
station had asked for nearly $2-million in attorneys' fees and costs. Maye will
rule later on whether to grant Fox's request for about $37,000 in court costs.
The
judge did grant the station $18,412 for costs related to the appeal and reserved
ruling on another $43,747 in other appeals costs. Still, the judge's decision
Wednesday largely let Akre and Wilson off the hook.
"Yes,
it's nice not to have nearly $2-million in fees hanging over us anymore,"
Akre said after the hearing.
The
station could appeal the ruling.
Akre
and Wilson, who are married, brought national credentials to WTVT-Ch. 13 when
they were hired in 1996. Each had more than 20 years of experience - Wilson was
an Emmy-winning alumnus of Inside Edition, and Akre spent time at CNN.
The
conflict began in 1997 while the pair worked on a story about bovine growth
hormone, or BGH, a controversial substance manufactured by the Monsanto Corp.
Wilson
and Akre sued the station after they were released early from their contracts in
1997. They claimed station management and lawyers buckled to pressure from
Monsanto Corp. to distort their story. The station did not air the couple's
report.
Fox
has long maintained that it never asked Wilson and Akre to lie in their story.
The station says the two refused to be objective and were fired for
insubordination.
In
August 2000, a jury awarded Akre $425,000, saying the station retaliated against
her for threatening to blow the whistle on a false or distorted news report. The
same jury decided the station had not wronged Wilson.
The
station appealed the $425,000 award. Florida's Second District Court of Appeal
eventually overturned the decision, saying Akre failed to show the station
violated any state laws.
The
appeals court said Akre's threat to report the station's actions to the Federal
Communications Commission didn't deserve protection under the state whistle
blower statute.
The
station used that ruling to go after the nearly $2-million in fees. In some
cases, the winning party can collect their attorneys' fees and court costs from
the other side.
Graham
Brink can be reached at (813) 226-3365 or brink@sptimes.com.
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