Instead of trying this case in civil court like most libel cases are, Colorado is one of a few states that still prosecute libel as a crime. This statute dates back to the 19th Century and has not yet been changed. "This is what the Legislature of the state of Colorado has determined is criminal," Abrahamson said. "We're obligated to enforce the laws in the state of Colorado." Larry Abrahamson is the Larimer County District Attorney who "filed two criminal charges against Weichel on Oct. 21. The state's libel law carries a maximum sentence of 18 months in jail."
This seems a little extreme for a guy that is upset at his ex, but seriously this guy is 40 years old. Show some maturity. If he needed to vent he should've gone out for a drink with the guys instead of choosing a forum that was read by his ex's friends. Especially since the accusations he was making could get her into a lot of trouble. It may have been his intent to get her in trouble with the law and that would make him look better to the court but without facts to back up his claims he just looks like and idiot and will probably have 18 months to sit and stew about it.
Here is the full story: http//www.latimes.com/news/nationworld/nation/la-na-craigslist-libel4-2008dec04,0,2332954.story
1 comment:
I think this comment from the article is interesting."In civil libel cases, truth is the best defense and the dead cannot be libeled. But Colorado's criminal statute holds that it is illegal to "blacken the memory of one who is dead." Truth is not a defense in such cases, or in ones that "expose the natural defects of one who is alive.""Perhaps Colorado needs to change its laws. I think it is insane that someone could be jailed for making defamatory statements agains the dead. Why would the dead person care? Besides, I would like to know how those statements can affect the families life. I am sure there is a case that will change my mind. That is the fun thing about the law; nothing is absolute.
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