Defense attorney Greg Joseph—who represents former Minneapolis police officer Derek Chauvin in his post-conviction relief efforts in Minnesota state court—responded to the recent dismissal of the defamation lawsuit filed by Assistant Chief of Operations Katie Blackwell against Alpha News, senior reporter Liz Collin, and other defendants.
Joseph, who has been practicing criminal law for nearly two decades, explained that, “In this defamation case, Judge Wahl conducted a comprehensive analysis that included a thorough ‘substantial truth’ test.”
Joseph also spoke about whether this will impact Chauvin’s future efforts: “Given the dismissal in this defamation case, along with several other developments, my client Derek Chauvin and I are looking forward to our day in court more than ever.”
Meanwhile, responses from police leaders and the mainstream Minnesota media about the dismissal of Blackwell’s defamation case have been mixed.
For example, in his statement to the media, Minneapolis Police Chief Brian O’Hara said that Wahl’s ruling “didn’t question the truthfulness” of Blackwell’s testimony, but “simply held that the speech directed at her was protected under Minnesota law.”
Chief O’Hara’s assessment does not seem accurate given the actual content of Judge Wahl’s order.
With regard to truth and truthfulness in this matter, Chris Madel, the attorney who represented Alpha News, Liz Collin, and the other defendants, emphasized the court’s consideration of the substantial truth doctrine.
Madel said, “In his 58-page order dismissing with prejudice Blackwell’s defamation suit against Liz Collin, Alpha News, and Dr. JC Chaix, Judge Wahl held that each statement Blackwell complained about is substantially true, including those questioning whether Blackwell lied on the witness stand. This is an absolute victory for my clients as well as the First Amendment.”
Judge Wahl explained at the onset of his order that “this is a civil defamation case” and that the court was not re-litigating the Chauvin trial. Judge Wahl also stated that the court was not adjudicating specifically whether “any of Blackwell’s testimony in the Chauvin trial was false, improper, or misleading.”
However, in evaluating Blackwell’s allegations of defamation in light of Minnesota’s Uniform Public Expression Protection Act (UPEPA), Judge Wahl evaluated “whether the statements in question are defamatory, substantially true, protected by privilege, or constitute actual malice,” as stated on page 19 of his order.
As the order plainly indicates, Judge Wahl conducted a comprehensive “substantial truth test” of the allegedly defamatory statements—which related to Blackwell’s sworn testimony in Chauvin’s trial.
For example, in considering Blackwell’s allegations of defamatory content presented in Collin’s book “They’re Lying” and the Alpha News documentary “The Fall of Minneapolis,” Judge Wahl clearly stated that, “Under these facts, it is possible to interpret Blackwell’s testimony as incomplete or misleading by omission,” as stated on page 34.
Judge Wahl also stated that “Because the documentary evidence contradicts the unequivocal nature of her [Blackwell’s] statements, the implication that her testimony was inconsistent with MPD’s policy and training is supportable and not defamatory.”
More significantly, however, Judge Wahl also found that “the core implication of Collin’s statement—that Blackwell’s account was inconsistent with MPD policy—remains supported.”
Judge Wahl further explained that “Even if Blackwell accurately described the distinction between training and policy, her overall testimony could lead one to believe that Chauvin’s technique was unauthorized and foreign to MPD practice—a characterization that, as Collin put it, amounted to ‘lying by omission.’ It is clear that the gist or sting of the challenged statement—that Blackwell misrepresented MPD policy and training—may be at least substantially true.”
Chief O’Hara, who has repeatedly supported Blackwell and her leadership at the MPD, said in a statement provided to Alpha News that Blackwell “acted in good faith, under oath, and in service to this city during a challenging moment in history.”
“I continue to stand firmly behind her character, her integrity, and her leadership,” he said.
Alpha News also reached out to Blackwell’s attorney for comment but has yet to receive a response.
