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November 17, 2008

Out of the mouths of babes

Posted: 04:20 PM ET

NEW YORK - The law of defamation protects our reputations from malicious and untrue misstatements of fact that could damage the good name so many of us work so hard to establish - as doctors, as lawyers, journalists, and teachers.

Michael Hackley filed a defamation suit

That's right, teachers. Because think about it. We trust teachers to protect and nurture our children, to keep them safe from harm. A teacher’s reputation for decency is key. An allegation of wrongdoing can be the undoing of a teacher’s professional life and livelihood. And we all know the damage false allegations can do.

The Salem Witch Trials is perhaps the original American example. Those false allegations in 1692 led to the execution of 19 men and women. And think about McMartin, with hundreds of allegations made against that family. After six years of criminal trials, no convictions were obtained, and all charges were dropped in 1990. But not before young minds were manipulated and lives were destroyed. Out of the mouths of babes.

In Florida, Michael Hackley is suing for defamation after a young girl accused him of inappropriate touching. Maybe she's telling the truth. Maybe she isn't. But when a child makes an accusation, adults should apply skepticism at the very least. The school board was unable to substantiate the allegation and local prosecutors dropped the case. But Mr. Hackley’s reputation can never be recovered. And out of the mouths of babes does not always come the truth.

-Jami Floyd, In Session anchor

Filed under: Uncategorized


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jimmy james   November 17th, 2008 4:33 pm ET

Are you kidding me.... why would anyone prosecute something like this with no proof. It is obvious the Mexican/hispanic is a liar. And
her mother is just as guilty. Another case of someone just trying
to ruin somebody's life for money. Good going Mrs. Rivera, and you
wonder why the American public is sick of you hispanics. Now you
can go pray and your sins will be absolved..... this girl and her mother
will eventully be in prison anyway....

jimmy james   November 17th, 2008 4:55 pm ET

OMG, Where did she learn how to lie so good ? Her mother....
Outstanding job Mom.... Now go to confession...

Lisa   November 17th, 2008 5:12 pm ET

I believe this young girl and I understand why she didn't tell anyone. One day when I was fourteen years old I was walking home alone from high school. I heard footsteps coming behind me, then suddenly I felt someone groping both my breasts. A young man ran off in front of me laughing. I was so ashamed that I never told any of my friends or either of my parents that this happened and I still haven't -and I am forty-five years old.

Liz   November 17th, 2008 5:20 pm ET

Please, can anyone please tell me the outcome of this trial? I had to miss the last 30min of it today. Thank you in advance for posting.

Leticia   November 17th, 2008 5:21 pm ET

I am a sexual abuse survivor. Watching to this case is very disturbing. I was under 6yers old when I was attack and can describe every detail of the incident. Unfortunately, I can't escape it.
I don't believe this teenager, she says that she can't remember some of the indecent???
And why in the world would mom not peruse this matter even further?
I think this matter is not as serious as this kids says...I think she is more embarrassed about being known as the girl that supposedly touched by her teacher.
I think its a shame that they dragged this teacher down this far because even with a piece a paper that clears him of this charge;it will haunt him were ever he goes.

lotusjani   November 17th, 2008 5:22 pm ET

You are very right, Jami. I am 70 year old grandmother, my eight year old grandaughter was taken from her mother by the State of Oregon because of the mom drinking and driving with the children in the vehicle (needs to be corroborated also). Being in Foster Care since that day, my grandaughter does not visit with me because according to the Social worker, the fear barracuda in this city because her job is to take children from their homes, put in her report that the child accused me of being "mean" and called her "fat" and "called the cops on her mother's boyfriend" who was a wanted fugitive in another State, therefore he was extradited, thank God! I have never been mean to my little grandchild, nor I called the cops on the boyfriend, when I called her "fat" was because she is getting bigger and yes, fatter, so I told her I had to buy her bigger clothes sizes. I provided all her school clothes therefore the comment of her size.
The worker just stood up in front of the judge and announced to the whole world that the child does not want to visit her grandmother "Jane Smith". How does that make me feel? How does that make me look in front of the judge? People need to be sure of what a child is accusing a grown up before passing judgement and take the minor's word for it. And since when an eight year old decides who to visit? They claim "when she is emotional readly to see me". What emotion? I was never but a loving old grandma to her and she should not be allowed to cut ties with me only on her word. That is how this welfare system is "working" in this state of Oregon!

Lynn   November 17th, 2008 5:54 pm ET

After working for 20 years as a high school teacher (in good standing I may add) it took only one 17 year old girl who was mad about her failing grade to make a false accusation against me. I work in a small town, her father was powerful man and the school fell at his knees. All proved false but I resigned at physician request due to my failing health. What kind of statement does this send to such a young woman who doesn't get her way?

Amanda Hugginkiss   November 17th, 2008 6:24 pm ET

Yes we do need to be careful of reliving the witch hunt days, but to discount a child's testimony, because the accused is a doctor/lawyer/teacher, is ridiculous.

Back in the '70s, in the days when this sort of thing wasn't common or understood, my father sexually abused me. He was never prosecuted. Why should he be? He was a "fine man who had never done this before." I would have been very grateful if someone had taken my story seriously. I was a messed up little kid for years thereafter, due in large part to not having anyone to believe in me and make me feel like a worthy human being with rights. I still have huge self-esteem issues because of it. Let's not go back to the '80s McMartin "witch" trials, but let's also not go back to the '70s when very few people listened to children, believed them and supported them.

Michael Corrieri   November 17th, 2008 7:34 pm ET

Jami Floyd,

Shame on you – you need to take a minimum course on protecting children. Any expert would make it clear to you that you need to give careful consideration to all reports of children in abuse and molestation cases. The much older model was the one you present here – that you should regard their claims with skepticism – and it both prevented reports and protected perpetrators. The issue that happened here, if anything, was the publicity surrounding the teacher – not the child making the report. If anything could be suggested it would be that all parties in these cases identities be protected until the correct information is ascertained. And it's still not yet clear if he did or did not do what he is accused of, however it should also be noted that most cases turn out to be factual; based upon his actions in bringing suit I think it's a dubious claim of innocence. I feel your statements were irresponsible and ignorant of the real issues, displaying a knee-jerk journalism that's becoming your hallmark.

sherlycue   November 17th, 2008 7:59 pm ET

I wonder if it is true! if it is then that is wrong! please post of they found him gulity or not guilty! thanks! oh and I love you site! we r using this as a school project! its fun too!

John Lennon   November 17th, 2008 9:15 pm ET

I think before a childs allegation is considered the child should have to undergo heavy questioning. I also think the school system should hold classes for both students and teachers, educating them that false allegations could result in serious punishment. If a child has a problem with a teacher, they should explain their problem and maybe transfer to a different class. If the problem continues, then they will know it`s the child causing problems. It`s too easy for students to ruin a teachers career. I also think if a student does make a false allegation after being told and if the teacher proves the student wrong in court the student should be jailed. After all, it WILL ruin the teachers career!!!

Janelle   November 17th, 2008 10:18 pm ET

I agree that an allegation of wrongdoing can ruin a person's life and career, and anyone who lies should be punished. However, to assume that a child is lying because they couldn't PROVE they were telling the truth is also a complete injustice to that child if they have had something wrong done to them.

What I was upset about with this verdict was that they did not prove that the allegations were false, just that they could not substantiate them. How many parents will now have to choose between seeking an investigation of wrongdoing for their child and worry that if that child is not believed, then they will be sued. The mother wanted the matter investigated and did nothing malicious. Your article even admits that no one proved one way or the other whether the child actually lied or is telling the truth.

So now the mother and her child's reputation has been damaged and she is now considered a liar who tried to ruin a teacher's life when that was obviously not the case from the evidence. This mother did the right thing, she talked with her daughter and applied the skepticism and came to the conclusion that something happened inappropriate to her daughter and had a right to bring it to the school's attention to investigate it and to the authorities. This verdict shown on television will definitely make sure that our young people will think twice before bringing something they feel is inappropriate to someone's attention. And that is a crime in itself.

eual   November 18th, 2008 7:47 am ET

Maybe Mr. Hackley ought to think about a civil suit .It seems to be the thing to do nowadays

Anita Davison   November 18th, 2008 9:20 am ET

Hi Jami I watched the Hackley trial but missed the end and what the verdict was. Three little great grandchildren walked in ;-)
I have watched Court TV, now Tru tv. since it started!!! Anita

jut   November 18th, 2008 9:49 am ET

I think he did did "scoop" her. If there were so many video cameras why wont he show any to prove himself.

George Tenenbaum   November 18th, 2008 10:22 am ET

Let me get this straight. Mr Hackley's classroom was under video surveillance, and the video would likely have proven the truth or falsity of the allegation. But Mr. Hackley took the video home, and "lost" it? Isn't this evidence tampering?

Since this case has already been decided any comments on it are moot. But if I were on the jury I would not have found for Mr. Hackley. In this matter it would be helpful if the jury could determine if the breast touching allegation were true or not, but Mr. Hackley absconded with the most significant evidence, and vanished it. To me, that is a big negative in his claim that he was wrongly defamed.

I think the state of Florida should reinvestigate this matter. There may not be sufficient proof of sexual misconduct, but I think there is proof that Mr. Hackley tampered with evidence in a criminal investigation.

Spider   November 18th, 2008 11:20 am ET

Jami-

Applying skepticism is much easier said than done in these cases.

How skeptical would you be, if your son came to and said that his uncle had touched his "private place"? How about his babysitter or his teacher? I would be willing to bet, skepticism would fly out the window and you would be seeking some retaliation. What if you found out a babysitter or teacher of your child's had been prosecuted for child molestation? "I'm skeptical, I think I'll just risk it and let my son stay with them." I think not.

The solution to this problem is to hold the children responsible for their wrongdoing. When it is determined that the individual is not guilty then there should be a public announcement of the lack of evidence. If it is determned that the child was actually lying about the whole thing, they, whatever age, should be forced to publically admit the lie. Newspapers, T.V. and radio should carry these pronouncements, at least on the local level. We, as the public, get notified, ad nauseum, when someone is convicted of these crimes.
There are requirements that people convicted of crimes like these register with their state as sex offenders for the rest of their lives. How about a list of "childhood liars"? You would be forced to explain why you made up that story about the kindly old guy that lived next door to you when you applied for your first job at McDonald's. That's justice.

We teach our children from an early age that they can notify athorities if anyone, even parents, do anything wrong. We teach them that adults who do these things will be punished. We need to also teach them that if they make up things to try to, vindictively, hurt someone, they will have a price to pay too.

woodie   November 18th, 2008 2:17 pm ET

he is probably guilty. but i guess we will never really know. should he lose his job over this? i don't know. he could still be a good teacher. but he is tainted now isn't he.

Liz   November 18th, 2008 3:52 pm ET

WOW!!! I can not believe in this day and age anyone would put a post out there slamming a race. Any race!! Everyone is part of the HUMAN RACE! As far as the girl in this trial, one could only hope the Judge would have imposed penalty, along with MANDITORY time in the teen detention center where the right psylogical help would be made available to her. Then HER reputation would be questioned everytime she applied for a job or entrance to a University! Best lessons learned are the ones we live.

johnny s   November 18th, 2008 5:11 pm ET

a 30 year retired teacher without a negative evaluation but one incident still shakes me. i passed out graded notebooks in front of the entire class. the next day i was brought in and accused of touching an 11 yr old girl during class. she was mad at the grade received and took out on me. days later i met with the parents and adm. and she finally admitted she lied. from that point on i was never the same as an educator. i am since retired but still have nightmares over the negative acitons of some students who have an ax to grind and do not care who it hurts in their revengeful world.

cathy   November 19th, 2008 2:22 pm ET

I do not believe this girl or her mother. Race has nothing to do with it. I believe that it came down to the almighty dollar. People think that they can sue for anything these days and win. I believe that the act was done by the young man that admitted he had done it too others that day in the same class. I think that the girl and her mother felt that they could get more money out of suing the teacher and the school than they could from going after the boy. Not all teachers are innocent, but I believe in this case that this one was. I feel bad for him and his family....the downfall from this will haunt him and his family forever.

MrsMC   November 20th, 2008 12:11 am ET

Further thought– It *is* hard, maybe impossible, to be skeptical, to be calm, if the person in question is someone you care about.

But there is a difference between removing a child from a classroom or daycare center where something may have happened– or even suspending a teacher while an accusation is investigated– and rushing to judgment on the basis of emotion and personal horror.

It *is* hard to be skeptical when you care, or when it's scary. It's hard for me to be skeptical knowing that, theoretically, it could happen to my babies someday. I hope I would hang on to my reason; I doubt that I'd be able to.

That's why we have a court system where the burden of proof is supposed to rest on the plaintiff. That's why "midnight justice," ie prosecution by lynch mob, is treated as murder in most of America these days. That's why an acquittal is supposed to be just that– proof of innocence, a license to go back into society and get on with your life, with apologies for the time lost and p.i.t.a endured.

In emotional cases, though, that last one seems never to happen...

...and that amounts to the accused being, in effect guilty even if proven innocent.

And, in the event of tit for tat, the suit goes on, this time for lost wages and pain and suffering resulting from defamation of character.

JustAQuestion   November 20th, 2008 12:32 pm ET

I believe that a child who accuses a teacher of inapporpriate conduct should be believed... to a point. A 6 year old would have no real reason to lie, no real reason to come up with a story about someone who touched them inappropriately.

A 17 year old should be believed to a point... If their lips are moving they are lying. Make them prove beyond a resonable doubt. If it cant be proven, make them apologize in front of the entire school and admit what they did.

I have 4 kids and I dont believe anything unless I see proof.

jenny   November 20th, 2008 2:04 pm ET

there are more crimes committed against kids go unpunished that if one goes bad I wouldn't mind. I am sorry about the teacher's reputation, his case is not the only unfair thing around.

Margaret Hutsell   November 20th, 2008 4:39 pm ET

I agree with one of your viewers, how do we learn the outcome of this or any other trials you are showing.? I have missed the verdict on the last four trials you have shown. When you were Court TV it was great I could go on your web site and get the verdict the next day if I missed it but now there is no" recent verdict "option. I wish you were Court TV again it is a so much more appropriate name than Tru tv which sounds just like one of those awful reality shows.

Iowa   November 20th, 2008 5:00 pm ET

Innocent until proven guilty..... beyond reasonable doubt. The minute a teacher is accused by a student that teacher's career is over and their standing in the community ruined. Unless the allegations can be proven beyond a doubt then the teacher should be innocent! And their reputations protected. We just need to go back to the essence of our justice system and assume people are innocent until proven guitly. Then when a student makes a claim of wrongdoing it can be investigated without ruin the reputation of a teacher.

Dan   November 23rd, 2008 10:04 pm ET

I like the precedent this case may set: as it stands a rape allegation is the ultimate trump card only a girl can play. They can allege rape even in cases of consensual intercourse and even if the suspect is exonerated, it stains his reputation forever. The standards of libel provide a clear-cut definition, per the New York Times V Sullivan case, if the 'publisher' knows the information to be false they are criminally and civilly liable. In this case, as applied it means that a false accusation gives both criminal liability for slander and a civil liability for libel.

mike   March 13th, 2009 9:19 am ET

Amazing how many prejudice people are in here. Like you know what really happened. Even after the fact that several students came forward saying the female student made it up, some of you are still ignorant and closed minded to say you think the teacher did it. This is exactly what the student and mother wanted, to fool idiots like you. And you suckered into it. Morons. Apparently youve never heard of innocent until proven guilty. You know people are sent to the death penalty because of false accusations.

anbel   March 13th, 2009 7:47 pm ET

is there anywhere, wher we can watch the trial i miss the last part

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