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Top court reprimands Boston judge libeled by paper

Top court reprimands Boston judge libeled by paper

BOSTON -- The state's top court on Thursday publicly reprimanded a judge who sent threatening letters to the Boston Herald's publisher after winning a $2 million libel award.

The Supreme Judicial Court's punishment for Judge Ernest Murphy was slightly less severe than the public censure and $25,000 fine recommended by the state's Commission on Judicial Conduct. The SJC did order Murphy to reimburse the commission for the costs of his case, but that figure has not yet been determined and is expected to be much less than $25,000.

The case began in 2002, after the Herald published a series of stories depicting Murphy as soft on crime. Several quoted Murphy as saying a young rape victim should "get over it."

Murphy has denied making the comment. In 2005, a jury awarded him $2 million for libel.

Two days after he won the libel award from the Herald, Murphy sent the publisher a letter telling him to bring a check for $3.26 million to a private meeting. A separate single-page postscript warned Purcell that showing anyone the letter would be "a BIG mistake."

In the second letter, Murphy told Purcell he had "ZERO chance" of reversing the jury's verdict on appeal. Murphy said he wrote the letters in an attempt to persuade the Herald not to appeal.

Last year, the Herald paid Murphy $3.4 million, including $1.4 million in interest.

Murphy agreed in August to step down from the bench, citing health problems brought on by the stress of the libel and subsequent legal battle.

His attorney, Michael Mone Sr., did not immediately return a call for comment.

Howard Neff, an attorney for the commission, said it respected the court's decision on the final punishment.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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