Col. David Wil Riggins, after a highly decorated Army career that included multiple tours in Iraq and Afghanistan, was on the verge of promotion to brigadier general in July 2013 when he got a phone call at the Pentagon from the Armys Criminal Investigative Division to come in for a meeting. Once there, he learned that a blogger in Washington state had just accused him of raping her, when both were cadets at West Point in 1986. An investigation was underway.
Then, Riggins sued Shannon for defamation, claiming that every aspect of her rape claim on the West Point campus was provably false, and that she wrote two blog posts and a Facebook post to intentionally derail [his] promotion to brigadier general. During a six-day trial that ended Aug. 1, a jury in Fairfax County, Va., heard from both Riggins and Shannon at length. And after 2½ hours of deliberation, they sided emphatically with Riggins, awarding him $8.4 million in damages, an extraordinary amount for a defamation case between two private citizens. The jury ordered Shannon to pay $3.4 million in compensatory damages for injury to his reputation and lost wages, and $5 million in punitive damages, to make sure nothing like this will ever happen again, according to one of the jurors.
Shannon, 52, said she was devastated by the verdict and fearful for her familys future. I feel like Im a financial slave for the rest of my life to Riggins, Shannon said. I told the truth in my article and at trial. She and her lawyer, Benjamin Trichilo, said in an interview that they felt Fairfax Circuit Court Judge Daniel E. Ortiz wrongly prevented them from presenting witnesses and evidence about Rigginss past and the Army CID investigation findings, and they plan to appeal.
Shannon wrote in a court filing that the demons from the rape haunted [me] for years and that a decade of suicidal depression led me to Christ. She writes frequently on her blog, Short Little Rebel, about her Christian faith. She has acknowledged staking out controversial positions on her blog, including that the mass school shooting in Newtown, Conn., was a planned event and that I believe our GOVERNMENT shot those kids and teachers and used Adam Lanza and his family to pull it off. That post was not presented to the jury in Fairfax, but other inflammatory comments by Shannon were placed in evidence, Trichilo said, while witnesses who were prepared to testify against Rigginss past were not allowed to testify.
The CID investigation found that, in light of the vastly different stories provided by Riggins and Shannon, and interviews of more than 30 people from that era, there was no testimonial or physical evidence to corroborate Ms. Shannon or Col. Riggins version. Trichilo said the jury should have been allowed to hear that Rigginss version of events also was not substantiated. But shortly before the trial began, the judge ordered references to the findings on Rigginss version struck from the trial, Trichilo said.
Honestly, said juror Marshall Reinsdorf, we thought who was telling the truth was too obvious to be discussing. We held a vote, and everybody believed the colonel. The only argument was how big the damages were going to be. Of the four women and three men on the jury, two other jurors declined to comment, two jurors did not return messages and two could not be reached.
Reinsdorf said he had numerous problems with Shannons testimony. Her story had so many details in it that couldnt have been true, he said. They started questioning her about the [pedestrian] tunnel, she kind of backed off. She was so evasive. It was unbelievable.
The scope and speed of the Internet can compound the damage for the subject of a false story, and the liability for the author, according to Tom Clare, a defamation lawyer who represented University of Virginia assistant dean Nicole Eramo in her lawsuit against Rolling Stone. People really understand the value that a reputation has, Clare said. Especially in todays Internet environment when even a blog post or a tweet can have such a broad impact. It can literally go around the world. And if something out there is false, juries are prepared to issue significant awards.
https://www.washingtonpost.com/news...l-she-accused-of-rape/?utm_term=.d555c9ff6af9