Peruto Hits Fox With Slander Suit

Posted: August 19, 1996

Lawyer A. Charles Peruto Jr. says he was labeled as ``a liar'' on a Fox WTXF-TV newscast and has filed a $1 million libel and slander suit against the station and reporter David Schratweiser.

The suit says a news broadcast falsely linked one of Peruto's clients to the highly publicized Nov. 2 murder of Center City jogger Kimberly Ernest.

Her battered body was found near 21st and Pine streets, almost directly across the street from Peruto's law office.

At the time of the murder, Peruto was defending a client in Camden County Court charged with attacking and beating three women in South Jersey. One victim was an early-morning jogger.

``There's no doubt about it, there were some striking similarities,'' Peruto said in a telephone interview.

The client, Frank Vergilio of Pennsauken, was free on bail at the time. Peruto said he brought Vergilio to be questioned by Philadelphia homicide dectectives.

``He was completely cleared.'' said Peruto. ``I have a second office in New Jersey, so he never came to my Philadelphia office.''

In his suit, Peruto said reporter Schratweiser called him eight days after the Ernest murder, while the jury was deliberating the fate of Vergilio. The reporter then told Peruto that Vergilio was a suspect in Ernest's murder.

The suit says despite Peruto's telling the reporter that Vergilio had already been cleared and ``advising him strongly not to air a false story,'' Schratweiser did broadcast the allegations.

Peruto said some jurors heard the broadcast or were told about it, and two jurors were dismissed.

The suit alleges that Schratweiser's report implied that Peruto was a ``liar'' and ``dishonest,'' and that it held the lawyer up ``to public scorn and ridicule,'' which caused the loss of clients.

The suit called the news report ``defamatory'' and ``malicious.''

WTXF Station manager Michael Conway gave a terse ``no comment'' when asked about the suit filed last week in Philadelphia Common Pleas Court.

In the end, Vergilio was convicted of two of the attacks and sentenced to 60 years in prison. Two other men, Richard Wise and Herbert Haak, have been charged in the murder of Ernest.

|
|
|
|
|