While I do not have Klein's exact words, when it is all boiled down, he said the parents are lying, know what happened to their child and that specifically JM admitted that she knows where the child's body is located but refuses to tell LE. Most of this is just Klein's opinion, he does not know with 100% certainty that what he said is true and he isn't privy to the LE interview during which JM allegedly made such a statement.
For the family to prevail in a lawsuit, they would have to show that the statements made are false and that the speaker, Klein, knew they were false when he made them. IMHO the statement that he made about the JM admission to LE is the one that can not be based on opinion and he, Klein, knew it to be false when he made it since he was not present during said interview and is not privy to anything LE has gathered during the investigation. He is loose with his lips. JM's attorney stated that she was fired as a result of Klein's statements and if this is true, the loss of her job would be considered 'actual damages' caused by Klein's untruthful public statement and she would be entitled to compensation for those losses. Idaho may also have punitive damages awards available for such an egregious act.
When one party prevails in civil litigation over another, the court may order the loser to pay fees and costs, however, these are usually just filing fees and the costs associated with the litigation such as court reporters, costs of transcripts, copies, postage, etc. but not the legal fees charged by attorneys. I have never seen nor heard of an award of attorney fees and I am sure some judge, somewhere, awarded it.
Who said there was blood on the truck bumper? This is not from LE is it? Then why is it being tossed around in discussions as if this were a fact?
If I were JM, I would sue Klein and get all of his records, his reports, his video/audio recordings, his expense reports and have my attorneys subject him and his staff to some brutal questioning under oath at deposition. No one is allowed to state as fact and with self-appointed authority something that is not true with a goal to destroy another. Klein can not hide behind ' this is an ongoing investigation' in order to prevent opposing counsel from obtaining all of his records.
If I were JM's attorney, I would go after Klein personally and KIC with a vengeance the likes of which he has never seen. His tough guy, know-it-all-persona and inflated ego would be reduced to a whimper and a simper. His attorney fees would exceed his E&O insurance limits so far that KIC would have to declare bankruptcy and I would destroy him. He bears false witness and deserves no mercy. But, that is just me. You may have a different opinion and let him slide because he was 'just trying to bring DeOrr home'. I would have my high heeled boot on his neck and make him beg forgiveness from the ashes of his former life.