Noirdame79
Amateur Sleuth
- Joined
- Dec 14, 2013
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On the stand MacDonald's testimony was that he realized he had no control over what McGinniss would write and had no basis for an assumption that McGinnis would write him as being innocent. In fact, upon being presented with the releases he signed (2 of them), he conceded he assumed what would be written, but McGinnis never said or promised what 'spin' the book would take and never said he would "write him as innocent." McGinniss's testimony was that he made no promises and couldn't know which way the book would go because at the time of the agreement the trial had not happened yet and he didn't have the info he eventually got.
The jury could not decide and the case was eventually settled out of court. The $$$ MacDonald got was in-line with what he would have gotten anyway from the royalties.
It should be pointed out that MacDonald signed a contractual agreement, giving McGinniss free reign to write the book as he wished; MacDonald was to have no influence over the content nor could he sue after it was published. So in filing the lawsuit (which was for fraud, not libel), MacDonald was in direct violation of the agreement. The jury hung on the first question and McGinniss decided to settle in order to avoid a lengthy battle and court costs. And yes, the money for the settlement came from the publisher of the book, money that MacDonald would have received anyway (but considerably less since he jumped on a smaller amount as he needed money for his appeals). Freddy and Mildred Kassab then sued MacDonald and won.
So, yes, Madeline74, you are right. MacDonald did not really win anything, nor was McGinniss found liable.