More action today in Judge Ernest Murphy's libel case against the Herald as Judge Charles Johnson denied a Herald motion to vacate last year's $2.1 million jury verdict in favor of Murphy in the wake of some intemperate letters the judge sent Herald publisher Pat Purcell seeking payment in the case. (The Herald characterized the letters as threatening and bullying while Murphy's legal team characterized them as part of ongoing confidential negotiations.)
In response to Murphy's motion to attach the Herald's assets -- out of concern over the financial condition of the tabloid, which is up for sale -- Johnson has asked the Herald's insurance carrier to provide a letter confirming it can and will pay a judgment, if necessary.
"We're very gratified that Judge Johnson saw fit to deny the motion [to vacate] at the hearing from the bench," says Murphy attorney Howard Cooper. "I think the court was able to see very quickly that the Herald's motion....was just what we called it...a disgraceful publicity stunt."
Herald attorney Bruce Sanford said the paper "didn't find the ruling very surprising. It's not surprising that the judge wants an appellate court to handle it at this point...The Herald has always planned to appeal this verdict vigorously."