The question
First a bit of background. A private citizen writes a letter to the editor (Florida) listing a few reasons the State Attorney should not be re-elected. The State Attorney writes a letter but doesn't address the issues, but instead personally attacks the letter writer using information from NCIC that is 26
to 38 years old. Some of it is true but most of it is very false and horrendously defamatory.
The State Attorney was defeated. FDLE has the NCIC logs as does the
plaintiff and the state attorney sent the letter on state time using state
resources which amounts to a couple of misdemeanors. All well documented so
no defenses there.
There are other defendants pretty much in the same boat. They have no defenses available except perhaps TRUTH.
If the defendants use the defense of truth, they have to prove the
information is true. The plaintiff says it is false. The defense says it is
true, so the burden falls on them.
Herein lies the rub and the question. The access to NCIC was a federal crime
as well as the dissemination. There is no way the defendants can obtain the
NCIC report (unless the defendant former state attorney kept it), but even
in that case, it is a federal crime to communicate it. The FBI won't even
admit the existence of a criminal record much less release it. The NCIC
record can ONLY be used for legitimate law enforcement purposes.
Thus, the court could not possibly admit it.
So, the BIG QUESTION would be: How then can they prove truth if the source
is illegal to have or to reveal?
If they have no admissible evidence, how do they prove truth?
Oh yes, this is a case of first impression. No court has ever heard anything
this crazy before. It is actually crazier than just this.
From the LawyerCentral forum archive. Originally posted 18 August 2010 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
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