SC - Stephen Smith, 19, homicide, Hampton Co, 9 Jul 2015 *new death investigation 2023*

[Slick762]

My understanding is that defamation is extremely hard to prove. If the media companies can show that they were reporting news from legitimate sources then it's not defamatory. Usually lawyers vet this stuff before it ever makes it into a documentary, so I would think weren't just repeating scuttlebutt.

As I said, I have sympathy for him, but unless the firms decide to settle rather than fight this is going to be a very difficult, time-consuming lawsuit.

(Note that the one Richard Jewell defamation suit that went to trial wasn't decided until after Jewell's death and his estate lost the case.)

Jewell was named as a suspect and most of the info, correct or not, flowed from FBI to reporters.
As far as I know, no law enforcement org has ever named Buster a suspect in a crime, much less charged him. It's always been unproven rumors.
I think Smith was murdered, small town rumors took over, and nobody really cared about the poor gay kid found dead in the road and I think the only way his family was ever going to get it investigated properly was by saying Murdaugh Murdaugh Murdaugh when the county was swarmed with reporters and true crime professionals.

 

[MissPie]

The law firm representing Buster is a 2-lawyer firm in the small town of Manning, SC. I doubt they have the capital to fight the large corporations that are being sued.

Here’s an article about Buster’s lawyer from The Post and Courier. Looks like it’s paywalled, though. Grrrr.

Bottom line, Shaun Kent has a small firm, but he’s a tiger.

Will be interesting to see what unfolds. Might depend partly on the financial resources Buster’s willing to spend on this.
Trial lawyer Shaun Kent 'commands attention'

 

[Simply Southern]

I looked up the law and researched a year or so ago. It's pretty simple, not a lot of loop holes.

I wish Bland had posted the entire 12 page lawsuit. I'd like to see what BM is claiming in the suit.


Code of Laws - Title 16 - Chapter 7 - Offenses Against The Peace %20the%20existing%20law.

SECTION 16-7-150. Slander and libel.

Any person who shall with malicious intent originate, utter, circulate or publish any false statement or matter concerning another the effect of which shall tend to injure such person in his character or reputation shall be guilty of a misdemeanor and, upon conviction therefor, be subject to punishment by fine not to exceed five thousand dollars or by imprisonment for a term not exceeding one year, or by both fine and imprisonment, in the discretion of the court; provided, that nothing herein shall be construed to abridge any right any person may have by way of an action for damages for libel or slander under the existing law.

 

[ch_13]

I looked up the law and researched a year or so ago. It's pretty simple, not a lot of loop holes.

I wish Bland had posted the entire 12 page lawsuit. I'd like to see what BM is claiming in the suit.


Code of Laws - Title 16 - Chapter 7 - Offenses Against The Peace %20the%20existing%20law.

SECTION 16-7-150. Slander and libel.

Any person who shall with malicious intent originate, utter, circulate or publish any false statement or matter concerning another the effect of which shall tend to injure such person in his character or reputation shall be guilty of a misdemeanor and, upon conviction therefor, be subject to punishment by fine not to exceed five thousand dollars or by imprisonment for a term not exceeding one year, or by both fine and imprisonment, in the discretion of the court; provided, that nothing herein shall be construed to abridge any right any person may have by way of an action for damages for libel or slander under the existing law.

This is a criminal statute. You need the civil one.

 

[MissPie]

I looked up the law and researched a year or so ago. It's pretty simple, not a lot of loop holes.

I wish Bland had posted the entire 12 page lawsuit. I'd like to see what BM is claiming in the suit.


Code of Laws - Title 16 - Chapter 7 - Offenses Against The Peace %20the%20existing%20law.

SECTION 16-7-150. Slander and libel.

Any person who shall with malicious intent originate, utter, circulate or publish any false statement or matter concerning another the effect of which shall tend to injure such person in his character or reputation shall be guilty of a misdemeanor and, upon conviction therefor, be subject to punishment by fine not to exceed five thousand dollars or by imprisonment for a term not exceeding one year, or by both fine and imprisonment, in the discretion of the court; provided, that nothing herein shall be construed to abridge any right any person may have by way of an action for damages for libel or slander under the existing law.

The entire suit doc was posted upthread by @Smelly Squirrel

 

[Simply Southern]

Buster Murdaugh, son of Alex Murdaugh, files massive defamation lawsuit

Richard Alexander Murdaugh Jr., also known as Buster Murdaugh, and the son of convicted killer Alex Murdaugh, has filed a defamation lawsuit.

abcnews4.com

Richard Alexander Murdaugh Jr., also known as Buster Murdaugh, and the son of convicted killer Alex Murdaugh, has filed a defamation lawsuit against several defendants for allegedly linking him to the death of Stephen Smith.

The suit lists Blackfin, Inc., Warner Bros, Discovery, Inc., Warner Media Entertainment Pages, Inc., Campfire Studio, Inc., The Cinemart LLC, Netlfix, Inc., Gannett Co., Inc., and Michael M. DeWitt, Jr., as defendants.

The allegations center around a host of documentaries and stories published where Buster Murdaugh alleges each outlet's publication in the Murdaugh saga that attempted to link him to the death of Smith was defamatory and falsely accused him, causing damage to his reputation and mental anguish.

https://docs.google.com/viewerng/viewer?url=https://abcnews4.com/resources/pdf/990a6b14-d93a-4ca7-97f7-5c4c5e11947c-BusterMurdaughlawsuit1.pdf

Thanks for posting the entire document.

 

[Simply Southern]

This is a criminal statute. You need the civil one.

There is only one Code of Law in SC.
From my link....
"that nothing herein shall be construed to abridge any right any person may have by way of an action for damages for libel or slander under the existing law."

SC does reference Civil Remedies and Procedures, is this what you are referring to? It cover time limits, judgments, and civil court day to day procedures.

Code of Laws Title 15 Civil Remedies and Procedures

www.scstatehouse.gov

 

[ch_13]

There is only one Code of Law in SC.
From my link....
"that nothing herein shall be construed to abridge any right any person may have by way of an action for damages for libel or slander under the existing law."

SC does reference Civil Remedies and Procedures, is this what you are referring to? It cover time limits, judgments, and civil court day to day procedures.

Code of Laws Title 15 Civil Remedies and Procedures

www.scstatehouse.gov

I'm not really sure what you're asking me. I'm not a lawyer and I wouldn't have any idea how to correctly interpret SC's civil code.

But I do understand the difference between a civil and a criminal action. ( I assume you do too.) All I said was that the link you posted earlier was to South Carolina's criminal code (title 16), so it isn't applicable for the civil defamation lawsuit that Buster filed.

 

[Simply Southern]

I'm not really sure what you're asking me. I'm not a lawyer and I wouldn't have any idea how to correctly interpret SC's civil code.

But I do understand the difference between a civil and a criminal action. ( I assume you do too.) All I said was that the link you posted earlier was to South Carolina's criminal code (title 16), so it isn't applicable for the civil defamation lawsuit that Buster filed.

It is relevant. Anyone can file suit against a person when a law is broken, civil suit. I've never heard of civil code, other than civil procedures. These companies broke the law of defamation of character, examples are given in the 12 page document.

A good example.... A person hits my car, the officer has no proof to charge the person. I can file suit in civil court for damages, provided I have "standing"... documentation a crime was committed.

ALL lawsuits must be accompanied by a violation of a state or federal law.
Moo....

 

[LetsSolvIt]

I would think he is the victim here.

The news agencies made a profit from false allegations. I truly believe that they should have to pay. I'm a firm believer in freedom of speech, however, defamation and false accusations are illegal under South Carolina law.

Moo... The accusations and false claims, have caused mental anguish, greatly affected his reputation and the ability to pursue a career.

I hope Buster gets millions. Yes, much will come out during the trial, which will focus on media proving the accusations they made. I wonder how many "locals" will will change their story, when under oath.
All my opinion

IMO there have been a lot of unsubstantiated innuendo and ugly rumors about the plaintiff but it all started with the fact that his name is mentioned in early police reports after Stephen was found dead. As I recall, his name came up through one or two people interviewed by LE after Stephen’s death.

Then within days after the murder of Maggie and Paul, LE says they are reopening Stephen’s case. We never did find out why SLED decided to relook at Stephen’s death? What did they find in their searches right after the murders (presumably at Moselle, on a Murdaugh computer or cell phone, or in Paul’s apt in Columbia) that caused them to want another look?

Unfortunately, IMHO both of these situations set the stage for all that transpired for BM. All the media “reports” about BM around Stephen’s death and related documentaries were built on the two situations I mention above.

I wish SLED could tell us what they found in investigating the Murdaugh murders that caused them to reopen the case — I think that would help. Maybe that and hopefully more will come out in discovery. MOO.

While I’m not sure what to believe about him, I do feel for Buster. He has had some serious trauma from which to recover — he’s in a very lonely place, even with a young lady who seems devoted to him. OMO.

 

[Seattle1]

Buster Murdaugh, son of Alex Murdaugh, files massive defamation lawsuit

Richard Alexander Murdaugh Jr., also known as Buster Murdaugh, and the son of convicted killer Alex Murdaugh, has filed a defamation lawsuit.

abcnews4.com

Richard Alexander Murdaugh Jr., also known as Buster Murdaugh, and the son of convicted killer Alex Murdaugh, has filed a defamation lawsuit against several defendants for allegedly linking him to the death of Stephen Smith.

The suit lists Blackfin, Inc., Warner Bros, Discovery, Inc., Warner Media Entertainment Pages, Inc., Campfire Studio, Inc., The Cinemart LLC, Netlfix, Inc., Gannett Co., Inc., and Michael M. DeWitt, Jr., as defendants.

The allegations center around a host of documentaries and stories published where Buster Murdaugh alleges each outlet's publication in the Murdaugh saga that attempted to link him to the death of Smith was defamatory and falsely accused him, causing damage to his reputation and mental anguish.

https://docs.google.com/viewerng/viewer?url=https://abcnews4.com/resources/pdf/990a6b14-d93a-4ca7-97f7-5c4c5e11947c-BusterMurdaughlawsuit1.pdf

From the quoted MSM link:

The only individual, noncorporation, listed on the suit is Michael M. DeWitt Jr., a journalist and editor based in Hampton County, South Carolina.

The lawsuit alleges DeWitt appeared in the Netflix series "Murdaugh Murders: A Southern Scandal" and falsely accused Buster Murdaugh of being involved in the murder of Smith.

I followed DeWitt during the murder trial and also watched the Netflix series and disagree with the allegations BM is alleging against DeWitt. MOO

ETA: I suspect BM named DeWitt, a resident of Hampton County, in this Complaint so he could file this multi-party case in the same County. MOO

 

[Simply Southern]

From the quoted MSM link:

The only individual, noncorporation, listed on the suit is Michael M. DeWitt Jr., a journalist and editor based in Hampton County, South Carolina.

The lawsuit alleges DeWitt appeared in the Netflix series "Murdaugh Murders: A Southern Scandal" and falsely accused Buster Murdaugh of being involved in the murder of Smith.

I followed DeWitt during the murder trial and also watched the Netflix series and disagree with the allegations BM is alleging against DeWitt. MOO

ETA: I suspect BM named DeWitt, a resident of Hampton County, in this Complaint so he could file this multi-party case in the same County. MOO

He made statements in the video in a personal capacity. The statements are quoted on page 9.

The "others" named were actively conducting business in Hampton County, as listed in the document.

The act of defamation occurred in Hamilton County. The video company sent producers, camera crew, to HC for interviews and filming.

Moo

 

[arielilane]

@BlandRichterSC

One year ago today, Stephen Smith's case was reopened. While there are no new developments to report at this time, we would like to ask the public to remain vigilant. Keep pushing and keep asking questions. If you have any relevant details, please come forward. 1/

https://twitter.com/x/status/1804613587031175222

We appreciate the collective effort that led to the case's reopening, but the fight for justice for Stephen continues. The investigation into the death of Stephen Smith is ongoing, and SLED officials are urging anyone with information about the case to come forward. 2/



Anyone with information is encouraged to contact SLED’s tip line at 1-800-CALL-SLED.
With tips about the Stephen Smith case please contact:
Renée Wunderlich, Director of Public Information, South Carolina Law Enforcement Division (SLED)Rwunderlich@sled.sc.gov
#justiceforstephen

 

[Cindizzi]

https://twitter.com/x/status/1805681863740342411

 

[Cindizzi]

https://twitter.com/x/status/1805681863740342411

https://twitter.com/x/status/1805720215868657958

 

[Cindizzi]

https://twitter.com/x/status/1810332392906740026

 

[lonetraveler]

I check this thread regularly hoping to see some progress.

 

[imstilla.grandma]

"The injuries can tell us so much about what happened," says Dr. Michelle DuPre, a former investigator and forensic pathologist who oversaw the examination of Smith's body. DuPre spoke to "48 Hours" contributor and CBS News national correspondent Nikki Battiste. Just as important as what they found, DuPre says, is what they didn't find.

What do Stephen Smith's injuries tell about the SC teen's death? New findings revealed.

"48 Hours" obtained exclusive access to the findings of an independent investigation into the unsolved death of the South Carolina teen, whose case was linked to the Murdaughs.

www.cbsnews.com

 

[imstilla.grandma]

Stephen Smith: A Death in Murdaugh Country

New evidence discovered after Murdaugh murders reignites a cold case. "48 Hours" obtains findings of independent forensic experts. CBS News national correspondent Nikki Battiste reports.

www.cbsnews.com

 

[arielilane]

@BlandRichterSC

Anyone with information is encouraged to contact SLED’s tip line at 1-800-CALL-SLED.

With tips about the Stephen Smith case please contact:Renée Wunderlich, Director of Public Information, South Carolina Law Enforcement Division (SLED)
Rwunderlich@sled.sc.gov

#justiceforstephen


4:34 PM · Jun 22, 2024