Lawsuit Filed Over CNN's Tailwind Story

ByABC News
July 6, 2000, 8:03 PM

N E W&nbsp Y O R K, July 6 -- Five weeks after his former colleague settledher case, a second producer fired by CNN for the 1998 Tailwindstory has filed a defamation and wrongful termination lawsuitagainst the cable network.

Jack Smith was fired for his role in reporting that the U.S.military used nerve gas on Vietnam War-era defectors. CNN retractedthe story, claiming after an internal investigation that it couldnot verify its accuracy.

The story was a major embarrassment for CNN and its corporatepartner, Time magazine, which printed a story based on theinvestigation.

Smith claimed that CNN fired him to appease high-levelmilitary officials.

CNN would not comment on the lawsuit, filed Friday in Atlanta.In late May, the network settled with April Oliver, SmithsTailwind co-producer, on her lawsuit.

Claims Career Was Destroyed

That settlement persuaded Smith to act, he said. Hes usingOlivers lawyer.

The Tailwind fallout destroyed my journalism career, Smithsaid today. He now teaches journalism at two Chicago-areacolleges.

CNN management decided that the Tailwind report, about acovert operation 30 years ago, was not worth jeopardizing itsvaluable and lucrative contacts with senior military and Pentagonofficials, the lawsuit states.

Smith asked for $6 million in damages and $100 million inpunitive damages.

He may have a battle just to get his case heard. His lawyer,Roger Simmons, concedes there is a one-year statute of limitationsfor filing a defamation lawsuit, but Simmons said that should notapply in this case because a CNN Web site has continued to post theresults of its investigation on the story.