Update: GamePolitics experienced an overload on the server with the news resulting from the interest in the second story, but is now working again. The stories are linked to the accompanying articles now.
Why do I keep writing about this guy? Because he brings out the worst in me, I think, considering that I play video games in my rare spare time.
Anyway, I was doing my usual quick scan before class, and knew I had to post it once I saw it. First of all, The New Mexico Appeals Court tossed out his lawsuit against Sony and Take-Two Interactive.
A wrongful death suit which sought $600 million from PS2 manufacturer Sony and Grand Theft Auto: Vice City publisher Take-Two Interactive has been thrown out by a New Mexico appeals court.The 2006 suit, announced with some fanfare by Jack Thompson during a televised news conference, sought to blame a grisly 2004 triple murder on 14-year-old Cody Posey's play of GTA Vice City.
In December, however, a judge ruled that the New Mexico courts had no jurisdiction in the case, since neither Sony nor Take-Two had offices there. The ruling also held that New Mexico law did not support the wrongful death claim.
Following the initial dismissal of the case, the plaintiffs had 30 days to appeal - a deadline which was apparently missed. Today's Las Cruces News-Sun reports that:
A state district court judge... had dismissed the wrongful death lawsuit for failure to provide a valid legal basis for the damage claim. The Appeals Court tossed out an appeal of that decision, saying the notice of appeal in the case had not been filed on time.
Furthermore, the suit didn't take into account the fact that Posey's lawyer didn't rely on the "video games" defense but instead on his past.
While the appeal was dismissed on what amounts to a technicality, the entire premise of the lawsuit was a disgrace. As I outlined in a column for Joystiq, the killer, Cody Posey, was the victim of severe physical, sexual and emotional abuse at the hands of two of the victims, his father and stepmother.In fact, the mitigating evidence was so compelling that the New Mexico juvenile court ordered him held only until he turns 21. Moreover, Posey's own attorney, Gary Mitchell, didn't want anything to do with the "video games made me do it" defense, saying:
I didn't see as it as a meritorious defense. I was far more concerned about the abuse Cody suffered over the years than any connection to playing a game on the computer.
On the heels of this, the Florida Court has recommended that Thompson be found guilty of 27 of the 31 professional misconduct charges against him.
In a report issued last week, Judge Dava Tunis writes:
After considering the arguments presented by the Florida Bar and the Respondent (Thompson), observing the Respondent's demeanor during the nine-day trial proceedings, and carefully reviewing the record consisting of four volumes of exhibits totaling 1700 pages and approximately 2400 pages of transcribed testimony, the Court finds that the facts, circumstances and evidence presented regarding the Respondent's conduct, supports a finding of guilt as to certain Florida Bar rules...
Tunis made 21 recommendations of guilt in relation to Thompson's participation in Strickland vs. Sony, an Alabama case in which the anti-game attorney represented the families of two police officers and a police dispatcher slain by 18-year-old Grand Theft Auto player Devin Moore.
Tunis also recommended that Thompson be found guilty on four out of five counts relating to his 2006 attempt to have Rockstar's Bully declared a public nuisance in a case before Miami Judge Ronald Friedman. An additional two guilty counts stemmed from a non-video game matter.
Some of those charges included:
- Knowingly making a false statement of material fact or law to a tribunal
- Knowingly disobeying an obligation under the rules of a tribunal
- Communicating the merits of the case with a judge before whom the proceeding is pending
- Using means that have no purpose other than to embarrass, delay or burden a third person
- Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation
- Engaging in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly or through callous indifference disparage or humiliate litigants or other lawyers
- Making statements that the lawyer knows to be false or with reckless disregard as to the truth or falsity concerning the qualifications or integrity of a judge
Thompson has his own case going against the judge, but I don't think the bar is going to work in his favor on this. But it looks like for now our PS3s and XBox360s are safe.
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