Condit lawsuit against Dunne thrown out

Judge rules that state law and Constitution protect opinions author expressed

By MICHAEL DOYLE
BEE WASHINGTON BUREAU

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WASHINGTON -- A federal judge has thrown out former San Joaquin Valley Congressman Gary Condit's defamation lawsuit against author Dominick Dunne, extending the one-time lawmaker's costly courtroom losing streak.

In a 22-page opinion issued Tuesday, U.S. District Judge Peter Leisure summarily dismissed Condit's lawsuit and ruled the First Amendment as well as California law protected Dunne's expressions of opinion. The ruling further shrinks Condit's legal maneuvering room.

"I'm just delighted," Dunne's attorney Paul LiCalsi said Tuesday. "This was an abusive lawsuit all along."

Condit's lawsuit revolved around public speculations about the nature of his relationship with former Washington, D.C., intern Chandra Levy. Condit and his wife, Carolyn, have filed roughly half-a-dozen related defamation lawsuits since 2001, the year Levy's disappearance drew national attention.

None of the lawsuits have gone to trial. Several were settled privately, while others were dismissed.

Levy's remains were found in Washington's Rock Creek Park in 2002. Her murder has not been solved and police have not identified any suspects. Nonetheless, public speculators -- including Dunne -- have filled the tabloids and airwaves with theories about what might have transpired.

Condit does not deny media reports that he eventually told investigators he had been sexually involved with Levy, who was raised in Modesto and was about three decades his junior. In public, though, he remains discreet.

"Everything I knew about Chandra, I told them," Condit, 60, said in an extended interview published recently by California Conversations magazine. "I did a lot more than anyone else would to appease the law enforcement people."

The longtime San Joaquin Valley politician, first elected to the House in 1989, further said he "did not have a romantic relationship" with Levy. When asked whether the relationship was sexual, Condit declared the matter was "none of your business."

Dunne, whose daughter was murdered in 1982, began following the Levy case as part of his long-standing fascination with crime and power. He settled an earlier defamation lawsuit filed by Condit in March 2005. Then, in November 2005, Dunne circled back to Condit while appearing on CNN's "Larry King Live."

"I think he knows more about what did happen than he has ever said," Dunne told guest interviewer Bob Costas.

Mention of 'horse whisperer'

Under prodding, Dunne made brief mention of a since-discounted story involving a "horse whisperer" who supposedly knew something about Levy's disappearance.

Condit sued again in November 2006, claiming Dunne's statements inferred he was hiding something from police.

The First Amendment generally protects raw opinion as long as it does not appear to be based on a false and defamatory statement of fact.

"Dunne's opinion statements do not, either in substance or in implication, constitute provably false assertions of fact," Leisure wrote in dismissing the case, adding that "Dunne does not suggest that his opinion statements are based on any additional facts not known to the public."

The ruling comes one year after an Arizona state judge dismissed a lawsuit filed by Condit against the weekly Sonoran News. The judge also ordered Condit to pay $43,680.42 for filing a frivolous lawsuit.

"The Sonoran News is currently in the process of enforcing its judgment," the newspaper's attorney, Daniel Barr, said Tuesday.

Barr added that he expects a lien will be attached on California property owned by the Condit family.

Dunne's attorneys retain the option of seeking financial sanctions against the attorney who first filed the lawsuit. That attorney later conceded the case lacked merit. Conceivably, that attorney could face fines.

"We haven't made a final decision on that yet," LiCalsi said.

Since leaving Congress in January 2003, Condit and his wife have relocated to Arizona. The Condit family ran two Baskin-Robbins ice cream stores, but have since been sued by the company over alleged management failures. A one-day civil trial concluded in October, and a ruling is pending.

Bee Washington Bureau reporter Michael Doyle can be reached at mdoyle@mcclatchydc.com or 202-383-0006.