那律师说他们的投诉是代表“全体中国人”和“13亿中国人”。可是,根据法庭记录看,他们投诉代表的是“与[起诉]人相同景况的所有人”,原文:“as representative of all people similarly situated represented by [起诉人姓名]”。就是说,不管您是不是中国人,反正您觉得您跟律师请的原告有同样景况,您就可以加入那个集体诉讼。更明白说,他们根本就没有为“全体中国人”而起诉,却对国内媒体说他们是为了“全体中国人”起诉。
详细投诉内容,可在美国相应法庭下列记录查询:
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 (后略,详见原件)。
起诉CNN“污蔑全体华人”的唯一证据是一句话:“CNN-主持人JACK CAFFERTY公然宣称‘华人还是和他们过去50年一样,是一帮暴徒和恶棍。’(原文:They (Chinese) are basically the same bunch goons and thugs they have been in the past fifty years.)”。
然而,那个所谓“原文”来自极少数等待绿卡和工作签证的大陆移民于2007年开办的“合法移民协会”。他们篡改了原文和伪造证据。CNN评论员的原话根本没说“They (Chinese) are basically”。CNN的有关节目讨论的中美关系和中国政府做法,当事人Jack Cafferty回答问题的评论原文如下:
“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”. 原文连接:http://edition.cnn.com/2008/WORLD/asiapcf/04/15/cnn.china/ ;
原文没有讨论“中国人”或“美籍华人”。原话中说的“They\'\'re holding hundreds of billions of dollars worth of our paper”,是中国政府持有几百亿美元的美国国家债券;原话中讨论贸易和劳工政策和国际收支平衡的中国方面,是中国政府。原话中说的伊拉克战争有关的中美政治经济关系,中国方面是中国政府。当事人一直在讨论中国政府,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”说的就是中国政府。
而那些等待绿卡和工作签证的大陆移民一方面把讨论问题前文砍掉、搞断章取义和有意识的剪裁,另一方面,把剩下的原话故意篡改为 “They (Chinese) are basically”,篡改了主语。那是明显的伪造,具有明显的故意使用种族主义语言文字引导读者的倾向。拿个伪造证据打官司,别说赢了,能避免欺骗法庭的罪名就不错;说人家种族歧视,嘿嘿,别使法庭判决您自己搞种族主义、就不错。
“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.”。 (来源:美国纽约联邦法院。连接: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.”(来源,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.”(来源:同上)。