ST. PAUL, Minn. - Jurors in the Ventura vs. Kyle defamation case headed home Wednesday without having reached a verdict.
The six-man, four-woman panel began deliberations Tuesday afternoon, and returned for a full eight hours Wednesday. They never had to leave the federal courthouse in Saint Paul because box lunches were delivered to the jury room.
Former Gov. Jesse Ventura sued the late Navy SEAL Chris Kyle for defamation, invasion of privacy by appropriation and unjust enrichment for a story Kyle included in his 2012 autobiography "American Sniper." Kyle was murdered in 2013, but the court allowed Ventura to continue the action against Kyle's estate.
Kyle wrote that he "punched out" Ventura at a Navy bar in Coronado, California in 2006 after the former Navy Frogman made disparaging remarks about America and the SEALs, including "you all deserve to lose a few" in Iraq.
Ventura, who sported a braided goatee at the time of the alleged confrontation, was referred to as "scruff face" in the book, but Kyle revealed in interviews Ventura was the man he confronted.
Ventura was at the McP's Pub that night, but denies making those statements or being hit by Kyle. He said his reputation and his standing with SEALs and fellow Underwater Demolition Team veterans has taken a hit because of the book.
U.S. District Judge Richard Kyle, who is not related, told jurors Tuesday that in order to rule in favor of Ventura they would need to find the story was defamatory, was materially false, and that Kyle knew it was false.
Political analyst David Schulz, who was originally scheduled to testify at the trial on behalf of Kyle's estate, said that Ventura's reputation with voters in Minnesota was affected by many things he said during and after his time as governor.
He said the former wrestler turned actor turned politician turned cable television personality has built a reputation in part on saying things that are controversial and outside mainstream politics.
"If you've got all these other things going on at the same time in terms of damaging his reputation, how do you sort those out from the Chris Kyle book and say people's attitudes about Jesse Ventura have changed solely based on the Kyle book? You really can't prove that."
Schultz pointed out that in October of 2011, before the Kyle book was published, Ventura had a 58 percent unfavorable rating with Minnesotans in a poll conducted by Public Policy Polling. A year later, after Kyle's book was released, Ventura's unfavorable rating was 53 percent in the PPP poll.
"Given the margin of error, you really see no aggregate difference in his unfavorables from year to year."
Ventura asserted during the trial that his earnings have dropped substantially, and job offers have dried up since Kyle's book hit the shelves. Attorneys for the Kyle estate say there are many other explanations for the changes in Ventura's career, and that perhaps "his star power has faded with time."
Judge Kyle, in his instructions to jurors, said that "defamation" can be measured in a variety of ways. He said they could find the story defamatory if it tends to:
- So harm Ventura's reputation that it lowers his esteem in the community; or
- Deters persons from associating with him; or
- Injure his character; or
- Subject him to ridicule, contempt, or distrust; or
- Degrade or disgrace him in the eyes of others
The judge said jurors can consider the other two claims -- appropriation and unjust enrichment -- if they first decide Ventura was defamed.
Those claims essentially say that Kyle's book became a best seller mainly because of the Ventura story. If jurors agree with that premise they may award Ventura part of the proceeds of the book.
During his closing arguments Tuesday, Ventura's attorney David B. Olsen estimated that American Sniper has grossed as much as $40 million, with as much as $6 million going to the Kyle estate. That's based on the sales figure of 1.5 million provided by publisher Harper Collins and the original suggested retail price of $26.99 for the hard cover edition.
