"The man who successfully sued local NBC affiliate WVIR-TV for defamation has decided to accept a reduced $1 million award, according to his lawyer.

Stanardsville resident Jesse Sheckler had been awarded $10 million in May by a Charlottesville jury that also determined that Channel 29 had linked Sheckler to a Greene County drug case incorrectly.

Judge Edward L. Hogshire affirmed the jury’s position on the station’s liability in a Nov. 7 letter, but ruled that the jury “clearly misperceived its role and awarded a sum far in excess of an amount reasonably calculated to compensate for any proven losses.”

The judge set aside the verdict and gave Sheckler the option of accepting a revised $1 million verdict or having a new trial ordered, limited solely to the issue of damages.

Sheckler’s lawyer, Matthew B. Murray, said Thursday that in his decision, Hogshire “made himself the eighth member of the jury.”

But despite the judge’s ruling on the damages, Murray said his client still felt vindicated by the jury’s $10 million verdict and that the judge upheld its position on the station’s liability.

“This case was never about the money,” Murray said. “The object of the case was to hold [Channel] 29 accountable for defaming him. No judge can ever take away the fact that a neutral, objective jury found his damages to be $10 million.”

WVIR’s lawyer, Thomas E. Albro, could not be reached for comment.

The television station can still appeal Hogshire’s decision and seek a further reduction in the award, or ask the Supreme Court of Virginia to set aside the entire verdict and order a new trial on both liability and damages.

Sheckler has agreed to accept the judge’s ruling “under protest,” Murray said, leaving room for a future appeal there as well.

In the meantime, Murray said Sheckler is still waiting for WVIR to apologize for the error and broadcast a retraction.

Sheckler, 52, sued over a 2001 news report about a federal drug case in which it was incorrectly reported that authorities had confiscated cocaine at Sheckler’s residence. Sheckler had been charged with helping to finance since-convicted drug dealer Samuel Rose, but was acquitted at trial.

In his suit against WVIR, Sheckler argued that his reputation was tarnished as a result of the incorrect broadcast." (Liesel Nowak, The Daily Progress, November 21, 2003)

Contact Liesel Nowak at (434) 978-7274 or lnowak@dailyprogress.com.

Editor's Note: For more, see Index for Defmation Suit Against WVIR as Covered on Loper Website.