Appeals court rejects former FBI agent's defamation lawsuit

<br>OKLAHOMA CITY (AP) _ A former top FBI agent cannot recover damages for alleged defamation contained in a book about the Oklahoma City bombing, a federal appeals court has ruled. <br><br>A three-judge

Thursday, October 31st 2002, 12:00 am

By: News On 6

OKLAHOMA CITY (AP) _ A former top FBI agent cannot recover damages for alleged defamation contained in a book about the Oklahoma City bombing, a federal appeals court has ruled.

A three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver ruled 3-0 on Wednesday against Oliver ``Buck'' Revell.

Revell had accused David Hoffman, author of ``The Oklahoma City Bombing and the Politics of Terror,'' of defaming him through statements in the book about Revell's role in other terrorism cases.

Revell, retired associate deputy director of the FBI, also alleged that the book ``by innuendo'' portrayed him as a co-conspirator in the April 19, 1995, bombing, which killed 168 and injured more than 500.

The appellate judges ruled that Revell had offered no evidence that Hoffman acted with ``actual malice.''

A finding of actual malice is needed before a public official can recover damages for defamation.

The ruling upheld a May 2001 decision by U.S. District Robin J. Cauthron.

In ruling on the actual malice question, Cauthron said that Revell had not shown by ``clear and convincing evidence, that (the) defendants knew of the falsity of the statements made or that they recklessly disregarded the truth.''

The appeals court judges rejected Revell's contention that he is not a public official because he is retired.

He was a public official at the time of conduct cited in the book and his conduct at that time still is a matter of public interest, the judges ruled.

The book was funded through a group known as Americans for Responsible Media. That group was named as a defendant in the lawsuit.