那律師說他們的投訴是代表“全體中國人”和“13億中國人”。可是,根據法庭記錄看,他們投訴代表的是“與[起訴]人相同景況的所有人”,原文:“as representative of all people similarly situated represented by [起訴人姓名]”。就是說,不管您是不是中國人,反正您覺得您跟律師請的原告有同樣景況,您就可以加入那個集體訴訟。更明白說,他們根本就沒有為“全體中國人”而起訴,卻對國內媒體說他們是為了“全體中國人”起訴。
詳細投訴內容,可在美國相應法庭下列記錄查詢:
U.S. District Court United States District Court for the Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:08-cv-03867-DC Li et al v. Cable News Network et al Assigned to: Judge Denny Chin Demand: $9,999,000 Cause: 28:1332 Diversity-Personal Injury Date Filed: 04/24/2008 Plaintiff:Li Lan Li as representative of all people similarly situated represented by Ming Hai Plaintiff:Lydia Leung as representative of all people similarly situated represented by Ming Hai (後略,詳見原件)。
起訴CNN“污衊全體華人”的唯一證據是一句話:“CNN-主持人JACK CAFFERTY公然宣稱‘華人還是和他們過去50年一樣,是一幫暴徒和惡棍。’(原文:They (Chinese) are basically the same bunch goons and thugs they have been in the past fifty years.)”。
然而,那個所謂“原文”來自極少數等待綠卡和工作簽證的大陸移民於2007年開辦的“合法移民協會”。他們篡改了原文和偽造證據。CNN評論員的原話根本沒說“They (Chinese) are basically”。CNN的有關節目討論的中美關係和中國政府做法,當事人Jack Cafferty回答問題的評論原文如下:
“Well, I don\'\'t know if China is any different, but our relationship with China is certainly different. We\'\'re in hawk to the Chinese up to our eyeballs because of the war in Iraq, for one thing. They\'\'re holding hundreds of billions of dollars worth of our paper. We also are running hundred of billions of dollars worth of trade deficits with them, as we continue to import their junk with the lead paint on them and the poisoned pet food and export, you know, jobs to places where you can pay workers a dollar a month to turn out the stuff that we\'\'re buying from Wal-Mart. So I think our relationship with China has certainly changed. I think they\'\'re basically the same bunch of goons and thugs they\'\'ve been for the last 50 years”. 原文連接:http://edition.cnn.com/2008/WORLD/asiapcf/04/15/cnn.china/ ;
原文沒有討論“中國人”或“美籍華人”。原話中說的“They\'\'re holding hundreds of billions of dollars worth of our paper”,是中國政府持有幾百億美元的美國國家債券;原話中討論貿易和勞工政策和國際收支平衡的中國方面,是中國政府。原話中說的伊拉克戰爭有關的中美政治經濟關係,中國方面是中國政府。當事人一直在討論中國政府,因而,“I think they\'\'re basically the same bunch of goons and thugs they\'\'ve been for the last 50 years”中的“they\'\'re basically”說的就是中國政府。
而那些等待綠卡和工作簽證的大陸移民一方面把討論問題前文砍掉、搞斷章取義和有意識的剪裁,另一方面,把剩下的原話故意篡改為 “They (Chinese) are basically”,篡改了主語。那是明顯的偽造,具有明顯的故意使用種族主義語言文字引導讀者的傾向。拿個偽造證據打官司,別說贏了,能避免欺騙法庭的罪名就不錯;說人家種族歧視,嘿嘿,別使法庭判決您自己搞種族主義、就不錯。
“Questions are then asked to find out whether any individuals on the panel have any personal interest in the case or know of any reason why they cannot render an impartial verdict. The court also wants to know whether any member of the panel is related to or personally acquainted with the parties, their lawyers, or the witnesses who will appear during trial. Other questions will determine whether any panel members have a prejudice or a feeling that might influence them in rendering a verdict. Any juror having knowledge of the case should explain this to the judge.”。 (來源:美國紐約聯邦法院。連接:http://www1.nysd.uscourts.gov/jury_handbook.php?id=6 ;)。
“Jurors must not talk about the case with others not on the jury, even their spouses or families and must not read about the case in the newspapers. They should avoid radio and television broadcasts that might mention the case. The jury\'\'s verdict must be based on nothing else but the evidence and law presented to them in court.”(來源,同上)。
“After the jurors return their verdict and are dismissed by the judge, they are free to go about their normal affairs, although in some districts jurors must check with jury office personnel to see if their service is concluded. They are under no obligation to speak to any person about the case and may refuse all requests for interviews or comments. Nevertheless, the court may enter an order in a specific case that during any such interview, jurors may not give any information with respect to the vote of any other juror.”(來源:同上)。