Wednesday, March 30, 2005
Donald Richard has failed in his attempt to sue Cleveland television station WJW-TV (channel 8) and two of its reporters for failure to "adequately investigate Richard's claims of wrongdoing, and WJW-TV8's failure to air a broadcast that would help exonerate him." The Eighth District Court of Appeals of Ohio has upheld the lower court's dismissal of Richard's complaint, holding that the plaintiff failed to state a claim upon which relief could be granted. Taking all of Richard's allegations as true, the lower court still found that reporter Jeff Harwood did not "falsely represent that he would investigate the allegations of judicial and law enforcement corruption, because the complaint alleged...that Harwood conducted a six month investigation. Therefore, from the face of Richard's complaint it is clear that Harwood fulfilled any representation he may have made to investigate the allegations that Richard was wrongfully convicted and incarcerated. The trial court properly dismissed the complaint." The appellate court continued through Richard's brief, dismissing all his objections to the trial court's ruling and affirmed the judgment. Read the court's ruling here.