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Natalee Holloway's mother sues National Enquirer

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    Did tabloid publish false stories to profit from 2005 disappearance?

  • Duration 4:30
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The mother of Natalee Holloway is now suing The National Enquirer you know the tabloid claiming it publish false stories to profit from her daughter's 2005 disappearance.

The lawsuit mentions specific articles including one that claims prime suspect -- -- -- had a secret hand drawn map.

-- -- grades in Aruba.

Joining us now Joey Jackson former prosecutor and defense attorney Keith Sullivan also a defense attorney guys welcome.

Thank you good morning good morning -- -- have the complaint right here 48 pages.

And it means three specific instances where Beth says that the headlines we're not true one is that grave map.

The other one is that Natalie was buried a lot.

They didn't turn out to be true but we don't really know what happened to Natalee Holloway said -- did she have a case I.

She could and here's why this something that he said -- for journalistic integrity now you might say consider the source it's The National Enquirer after all but remember there are rumors that The National Enquirer is being considered for Pulitzer -- yes you heard me right in connection with their reporting and John Edwards why is that relevant it's relevant because people -- putting -- stock into what they're saying.

And -- believing that these stories are true and in the event that they're publishing things that are not true.

That it's problematic last point the point is is that if you publish something even if you argue that she was a public figure it is this case New York Times vs Solomon no relation to keep.

That says that you have to establish if it's a public figure.

That it was published with knowledge of falsity a reckless disregard as to which true.

They have some obligation to check out the sources.

And ensure that they are truthful they didn't do so as a result of that a defamation claim may lie.

I can't -- you just brought up that pace I had a flashback I got called on that tape and love go and it wasn't -- -- solvent.

-- no relation one of the damages.

That's the problem -- Jamie there really are no damages and I suspect this lawsuit was filed simply to get to the choir and back walked away from -- -- Certainly it's heartbreaking case but in the quarter of war I don't see these claims succeeding as Joey eloquently pointed out in -- defamation claim.

She was declared deceased back in January so you can't defame somebody who's no longer with us right but Beth doesn't believe that she's not accepting that declaration she still hopes her daughter will come home unfortunately for -- husband went to the -- -- Alabama.

And how to judge declare her dead and -- it as an issue.

So she can't pursue those claims the real problem here is the formula.

That the inquiry uses to do which report.

And I used the word for -- because it's just that it's a mathematical equation.

How salacious as the story how big of a -- is it and how much are we willing to pay someone what they're doing is they're not taking first party ownership of their stories.

They're simply saying so -- so has told us -- and city.

And that's the problem and that's would show we sources say.

And that's what I -- that is -- your saying but Joel let me read you this headline I mean I'm a parent you're a parent it.

New Boeing evidence Natalee was buried alive your -- secret graveyard with five more bodies killer sickening confession caught on tape.

Imagine.

It emotional distress doesn't apply what's the burden of -- It's really it's really tough to imagine Jamie because remember you're talking about a parent who -- lost a daughter at what could be more dramatic than that and not having any knowledge of where the body may be whether he's dead and -- you said holding out hope that you know he's alive.

He says no remedy either well you know but the problem is is that there will be an argument as to whether she's dead and whether or not the claim dies with a person who is dead but if you look I mean emotional inflection of the of the stress.

That's the problem this is outrageous and it's outrageous because think about the infliction of stress that would cause upon someone and reporting this story particularly when you have knowledge that it may not be true we don't even have to -- -- -- quickly that do they have to have malice.

Does -- rise to -- for the two there's two types of emotional distress intentional and that you don't -- here because they have have to stay the inquiry is intentionally putting -- -- -- -- our.

And by their own admission in court they said -- putting these stories out there.

To sell magazines negligent infliction of emotional distress you might be able to get but how do you separate the pain and suffering she goes through mostly from the loss from what the inquiry did.

Very difficult to decipher the damage got to leave it there not to mention the emotional.

Upheaval of going through a case like -- -- -- right guys thank you sound -- anchors these are you telling me.

-- ever gonna we ran through.

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