TS - Stoen demands retractions

Stoen demands retractions from T-S, Channel 3
By James Tressler The Times-Standard

EUREKA -- Humboldt County Assistant District Attorney Tim Stoen wants the Times-Standard and a local TV station to retract what he calls libelous statements made in covering a county investigation into sexual harassment claims made against Stoen by a staff member in his office.

The county's investigation, wrapped up this week, exonerated Stoen. The investigation concluded with county officials indicating Stoen had not violated the county's sexual harassment policy, and the county will seek no further action.

Stoen, who proclaimed "The truth is my friend" when word of the probe became public in late May, began demanding the retractions from the Times-Standard and KIEM News Channel 3 even before the investigation wrapped up this week.

He declined to comment for this story.

The assistant district attorney on Tuesday dropped off notices at both media organizations, demanding the organizations retract and correct several statements he claims are "false" and "defamatory."

Stoen maintained the newspaper had no evidence that he had made inappropriate comments to women.

The Times-Standard stands by its stories, which did not include any claim that the allegations under investigation were true, but instead reported on the existence of the investigation.

News Channel 3 reporter Stephanie Jamnetski, who covered the investigation, indicated Wednesday the TV station also will not make any retractions or corrections.

District Attorney Paul Gallegos this week said while he's not happy the investigation became a "public spectacle," he's not personally involved with Stoen's demands.

"The biggest tragedy in the whole thing is that it became such a public spectacle, that the rights of all the people involved sort of got stepped on," Gallegos said.

Gallegos said he doesn't necessarily blame the media, but the people who initially leaked word of the investigation. The Times-Standard agreed to protect the identities of the sources who spoke on condition of anonymity.

"Whoever sought to make it a public thing -- they create a disincentive for other people to come forward," Gallegos said.

The district attorney said if Stoen wants to seek retractions from the local media, that's his right, but Gallegos says he's staying out of it.

"Tim's decisions were voluntary," Gallegos said. "That's not him as an agent of the office. I'm not even in the loop on that. ... Tim certainly, as a citizen, has certain rights and I have to respect those rights whether I agree with them or not just like I do every person in the office."

Whether Stoen will pursue the matter into the courts remains unclear.

Jim Ewert, staff attorney for the California Newspaper Publishers Association, said Stoen would have a difficult time succeeding in a libel suit, particularly since past court rulings have established a tougher libel standard for public figures than for the average citizen. In addition to having to prove the information published by local media was false, Stoen would also have to prove the local media either knew the information was false or acted with "reckless disregard" for the truth.

Ewert said the fact that county officials confirmed an investigation was done means there was at least one sexual harassment claim made against Stoen, making it difficult for him to claim the media's coverage was libelous.

Ewert said if the matter did go to court, the local media, as defendants in a libel suit, would likely get access to the county's report.

"Stoen doesn't want that," Ewert said. "It would just get worse because essentially the story would happen all over again, just in more detail."

Stoen's attorney, Timothy Needham, provided a statement to the Times-Standard Wednesday afternoon.

"Mr. Stoen recognizes that, because he handles high profile cases, he may be the target of unwarranted accusations," the statement read. "He has indicated his hope that, before the media publishes such accusations in the future, they would await an investigation into those accusations rather than rely on 'anonymous sources.'"