SPENCER BUSINESSMAN SUES LOGAN BANNER

(11/11/2004)
Roane County businessman David P. Heeter, owner of Heeter Construction Inc., has sued a Logan Banner reporter, alleging libel and invasion of privacy.

Heeter alleges the paper published several news stories that presented him in a negative light.

The suit cites three separate articles written July 3, 2003, Oct. 13, 2003 and April 29, 2004.

One story focused on a Supreme Court of Appeals decision about evidence in a sexual harassment civil case filed by several women against Heeter.

James Cagle, Heeter's attorney, alleges in the lawsuit that the story's headline is misleading and that several facts within the story's text are either incorrect or misleading, presenting his client in a "false light."

The suit alleges the story misrepresents who possessed and damaged an audio tape that was to be used as evidence in the harassment case.

Cagle says the inaccuracies reflect shame on his client and were published with reckless disregard for the truth, and are libelous.

Another article published in 2003 related to Heeter being arrested on a driving under the influence charge, which was later dismissed.

Heeter's attorney criticized that headline as inaccurate and misleading and charged that several facts were designed to portray Heeter in a "false light."

The story portrayed Heeter's company as winning contracts with the state worth millions of dollars.

A final article in the Logan newspaper cited a DUI charge against Heeter that was dismissed, which the attorney said misrepresented the situation and was libelous.

"By characterizing Plaintiff David P. Heeter as rich, receiving millions of State dollars, by referring to a local office holder as a witness possessing doubtful information related to the case, and by implying that he received special treatment in court the (defendant) has placed (Heeter) in a false light which would be highly offensive to a reasonable person," reads the complaint.

The suit says the reporters stories were "falsely portraying Heeter as a millionaire who has purchased justice for himself either through money or politically connected friends."

The suit is asking for compensatory and exemplary damages.