Why GJ dismissal does not equal BDI

[BlueCrab]

BlueCrab,

Do you think that you can sue somebody, and when the case gets to the discovery phase, get a whole bunch of private information that you would never get without the lawsuit, and then print it in a newspaper? There are more reasons than the Colorado Children's Code that the NYPost could not print information from the files they received from the DA's office!! Sounds like a great new strategy in investigative reporting!!

Also, privileged and protected information does not need to be turned over in discovery. So I can guarantee you that if the GJ concluded Burke was involved in any way and the Colorado Children's Code was used to slap a hefty gag order on the case, the NYPost did not see as much as you think they did. If, on the other hand, as I tend to believe, the GJ did not reach this conclusion, the Ramseys would have been extremely forthcoming with discovery materials, and the NYPost would say, oops, and settle things up quickly and quietly. Don't forget there is a big incentive for any publication to settle a libel lawsuit. They report the news. They don't want to be officially labeled as reporting fake-news. (Even though the Post is already there in my eyes!)

Voice of Reason,

I think you just said what I just said.

 

[Voice of Reason]

Voice of Reason,

I think you just said what I just said.

in some respects, yes, but here's what i was really getting at: regardless of whether burke was involved or not, the NYPost would not have been able to put in print all the material they obtained through discovery. and even further than that, they probably did not receive anything too sensitive, especially if burke was involved. and finally, there are many reasons the Post would want to settle irrespective of their liability and burke's involvement or lack thereof...

 

[BlueCrab]

and even further than that, they probably did not receive anything too sensitive, especially if burke was involved.

Voice of Reason,

There were parts blacked out, and others not allowed, but everything the Post's lawyers received involved Burke -- thousands of documents. Hell, I get excited if I get ONE document about Burke.

I think the NYP knows almost everything that needs to be known about Burke's possible involvement in the death of JonBenet. There's apparently more files on Burke than any other player in this case, and the Post's lawyers have read most of them.