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Philadelphia Daily News Tattle Judge Column: Tattle: Judge: Suit Against ‘Predator’ Can Go to Trial

February 27, 2008
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By Howard Gensler, Philadelphia Daily News

Feb. 27–”TO CATCH A PREDATOR” didn’t catch a break in a New York courtroom yesterday.

U.S. District Judge Denny Chin ruled that a $105 million lawsuit brought by Patricia Conradt against “Dateline NBC: To Catch A Predator” can go to trial.

Conradt claims that a sex sting run by the show drove her brother to kill himself.

In a scathing ruling, Chin said that a jury might conclude that the network “crossed the line from responsible journalism to irresponsible and reckless intrusion into law enforcement.”

Louis William Conradt Jr., a suburban Dallas prosecutor, fatally shot himself after he was accused of engaging in a sexually explicit online chat with an adult posing as a 13-year-old boy, according to his sister’s lawsuit.

In the suit, she said that NBC “steamrolled” police to arrest Louis after telling police he had failed to show up at a sting operation 35 miles away.

NBC worked with the activist group Perverted Justice on the sting, in which officers impersonating underage girls chatted online with men and tried to lure them to a house, where they were met by TV cameras and police.

Chin said that the lawsuit contained sufficient facts to make it plausible that the suicide was foreseeable, that police had a duty to protect Conradt from killing himself and that the officers and NBC acted with deliberate indifference.

In his ruling, Chin said that the network “placed itself squarely in the middle of a police operation, pushing the police to engage in tactics that were unnecessary and unwise, solely to generate more dramatic footage for a television show.”

He added that a reasonable jury could find that there was no legitimate law enforcement need for a heavily armed SWAT team to extract a 56-year-old prosecutor from his home when he was not accused of any actual violence and was not believed to have a gun.

He said a jury might conclude it was done solely to sensationalize and enhance the entertainment value of the arrest.

“A reasonable jury could find that by doing so, NBC created a substantial risk of suicide or other harm, and that it engaged in conduct so outrageous and extreme that no civilized society should tolerate it,” Chin said.

Before issuing his ruling, Chin said that he had reviewed a copy of the Feb. 20, 2007, episode. In her lawsuit, Patricia Conradt claims that a police officer at the scene of the shooting told a “Dateline” producer: “That’ll make good TV.”

Amanda Leith, a lawyer for NBC Universal, had no comment on the ruling. The company previously called the lawsuit “completely without merit” which is often legal-speak for “uh-oh.”

Tattbits

–The winners of our Tattle contest for two Fleming’s special dinners Friday night, featuring the wines of Paul Newman and Francis Ford Coppola, are Mark Harbison of Bryn Mawr and Brenda Garrett of Philadelphia.

Enjoy.

Thanks to Fleming’s and to everyone who entered.

–When Kenny Gamble and Leon Huff are inducted into the Rock and Roll Hall of Fame on March 10, it will be R&B great Jerry Butler making the speech.

The Hall also announced yesterday that Justin Timberlake will worship at the altar of Madonna, Lou Reed will recite verse about Leonard Cohen, Billy Joel will bring a little Long Island to the Heartland when he discusses John Mellencamp, Ben Harper will say a little about Little Walter, John Fogerty will handle the Ventures and Tom Hanks will usher in the Dave Clark Five.

–Al Gore brings the funny to Current TV, but his old boss may not be too happy.

A satiric, SuperNews cartoon premiering today on the cable channel is entitled “The Democratic Messiah,” and it ain’t Hillary.

–When Tattle’s grandmother was talking about nonsense she used to refer to it (in Yiddish) as mishagoss.

It probably should be spelled Mischagoss and should refer to Mischa Barton.

TMZ.com reports that the L.A. district attorney’s office announced yesterday that it is charging Mischa with DUI, stemming from her Dec. 27 arrest.

When police pulled over the lanky “O.C.” star for driving in the middle of two lanes of traffic and failing to use a turn signal, they determined she had had at least one too many.

She was, of course, this being Hollywood, also driving without a license.

–Howie Mandel is being sent to Estonia.

About time, you say?

It’s just a “Deal or No Deal” May sweeps stunt, according to the Hollywood Reporter.

Howie will bring American contestants but they’ll play “Deal” the way they play it in Estonia (and, later, in the Philippines and South Africa) and the briefcase models will all be locals.

Wouldn’t you just love to see Borat hosting “Deal or No Deal” in Kazakhstan?

–Following the performance of the New York Philaharmonic in North Korea, Eric Clapton has become the first western rock star invited to perform in Pyongyang.

Turns out Kim Jong Chol, son of Kim Jong Il, is a fan.

Clapton has not yet responded to the offer.

–Naomi Campbell was hospitalized in Sao Paulo for the removal of a small cyst, her publicist said yesterday.

Dr. Jose Aristodemo Pinotti would not tell reporters where the cyst was, but he removed it and he’s a gynecologist so draw your own conclusions.

The surgery went well, Naomi is resting comfortably and has not yet beaten any nurses.

Daily News wire services contributed to this report.

Send e-mail to gensleh@phillynews.com

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