OCALA - Several weeks after a federal judge in Ocala denied a motion
to dismiss a wrongful death lawsuit brought against television talk
show host Nancy Grace and her parent company, CNN, the network has
responded with a volley of denials to the allegations, court records
show. In a document filed Aug. 19, the defendants deny their actions
intentionally inflicted emotional distress on former Lake County
resident Melinda Duckett or her surviving parents, Bethann and
William Eubank, of Lockport, N.Y. The defendants go on to list
several reasons why Grace or the network should not be held
responsible for Duckett's suicide, which took place just a day after
she was grilled on Grace's show on Sept. 7, 2006. Such defenses
include: that the TV host is protected by the First Amendment, that
she acted without malice, that her conduct was privileged, that the
Eubanks do not meet "a stringent standard" for an intentional
infliction of emotional distress claim and that the plaintiff's
claims are barred by actions the defendants believe Duckett brought
upon herself. Denial of the charges was expected, said plaintiff's
attorney Kara Skorupa. Skorupa said while she is a firm believer in
free speech, "you can't hide behind the First Amendment." If you
harm somebody, you can't hide behind an amendment that was never
meant to shield you from liability," she said, adding the case is
now moving into the discovery phase. CNN had no comment Friday.
Duckett, 21, agreed to be questioned by Grace by telephone regarding
the disappearance of her 2-year-old son, Trenton, who she reported
missing on Aug. 27, 2006. Her parents say she agreed to do the
interview, thinking it would enlist the public's help in finding her
son. Instead, they say Grace pummeled her with veiled accusations
that she murdered her son. The next day, Duckett shot herself at her
grandparents' home.