A lawsuit filed by former Utah Senate majority leader Craig A. Peterson was dismissed Wednesday as a federal judge determined an Associated Press mistake hadn't libeled the retired senator.
The long-time lawmaker had been incorrectly identified in a Feb. 9, 1999, photograph as another Craig Peterson, who was associated with Salt Lake's embattled Olympic bid committee. The incorrect photo then ran in The New York Times.
U.S. District Judge Dale Kimball sided with the AP in the case but lamented the potential harm inadvertently caused to Peterson.
"It takes the good part of one's lifetime to establish a good reputation, and when that hard-earned reputation is tarnished in a mere day by an unfortunate error, one is certain to be left in despair," Kimball wrote in his 14-page decision.
Despite a tarnished image, Kimball deemed Peterson's previous political status made him a public figure, and as a public figure, he must show the AP showed malice towards him.
Peterson served 12 years in the state Legislature, including four years as the Senate's majority leader, but retired in November 1998. His attorney, Roger Hoole, had argued that Peterson was not a public official because he had left office two and a half months before the picture was published.
Hoole also cited a Dan Jones poll indicating only 8 percent of Utahns knew Peterson was "either a state senator or otherwise involved in politics." Hoole said the lack of recognition illustrated Peterson was not a public figure and thus wouldn't have to show malice to win a libel suit.
Kimball disagreed and noted that the AP photo editor testified during the trial that he bore no ill will toward Peterson and admitted making an honest mistake. The AP also corrected the error as soon as it was notified and the New York Times ran a correction the next day.
AP attorney Randy Dryer said although the misidentification was an unfortunate slip, the judge made the right decision because Peterson is a public figure.
"The law allows the press to make innocent mistakes without being punished. The AP regretted the mistake, but those things happen under deadline pressure," Dryer said.
Hoole, who is on vacation, could not be reached for comment. Messages left for Peterson by the Deseret News were not returned Wednesday.
Contributing: The Associated Press
E-MAIL: bsnyder@desnews.com