Strickland v. Sony
Encyclopedia
Strickland v. Sony is a court case whose central focus is on whether violent video games played a role in Devin Moore's first-degree murder/shooting
of three police officers. In August 2005, former attorney Jack Thompson
filed the lawsuit against Sony
.
In March 2005, Thompson announced he was filing a lawsuit on behalf of the families of two of the three victims in Fayette, Alabama
. He was also featured in a 60 Minutes
special on the case.
On August 12, 2005 Thompson officially filed Strickland vs. Sony. The third victim's family later joined the lawsuit.
On Tuesday, November 1, 2005, Thompson sent an email to various websites commenting on the opening day of the civil trial. In it, he compared Sony
and Take-Two Interactive
's sale of the Grand Theft Auto video game to Imperial Japan's attack on Pearl Harbor
during World War II
. According to Thompson, certain regional governments in Japan had prevented the sale of the Grand Theft Auto games to minors, though Sony continued to sell the game where its sale was not restricted in Japan and abroad (Microsoft
is doing the same for its own video game console). Thompson also compared the distribution of violent games to the distribution of pornography.
On Friday, November 4, 2005, Blank Rome
submitted a motion to have Thompson removed from the case, stating that Thompson would "turn the courtroom into a circus."
On November 7, 2005, Thompson withdrew from the case, stating, "It was my idea [to leave the case]." He was quick to mention that the case would probably do well with or without his presence. This decision followed scrutiny from Judge James Moore, however Thompson claimed he received no pressure to withdraw. At the same time, Judge James Moore had taken the motion to revoke Thompson's license under advisement. Jack Thompson appeared in court to defend his right to practice law in Alabama (using Pro Hac Vice
), following accusations that he violated legal ethics.
Just before leaving the case, Thompson filed a motion with the court, quoting noted designer Warren Spector
(Deus Ex
, Thief) as being critical of Rockstar's actions, taken from a speech Spector gave at the Montreal
International Game Summit. He even implied that Spector could be served a subpoena
to testify, even though the court's jurisdiction did not extend to Spector's place of residence. On November 9, 2005, Spector lashed out at Thompson for taking his comments out of context, saying "Take two or three things, from different contexts, mash them together and you can mislead people pretty dramatically."
over the video game Grand Theft Auto: Vice City
.
Moore was apprehended several hours later in Mississippi. According to the Associated Press
, after his recapture he said, "Life is a video game. Everybody's got to die sometime." Once in custody, Moore quickly confessed. He told detectives that he shot the men because he didn't want to go to jail.
The controversy involving his relation to Grand Theft Auto was revealed during an episode of 60 Minutes
on March 6, 2005. In the episode a student demonstrated Grand Theft Auto to them, showing them the adult nature of the game.. Moore, who had recently graduated from high school, had never been in trouble before. He had enlisted in the Air Force and was due to leave for service at the end of the summer.
Moore faced trial in 2005 and pleaded not guilty. The trial judge barred the defense from introducing evidence to the jury that Grand Theft Auto incited Moore's shooting spree. Moore's attorney, Jim Standridge, contended that Moore was suffering from Post Traumatic Stress Disorder at the time of the crimes. Standridge argued that Moore had been emotionally and physically abused by his father as a child.
In August 2005, Moore was convicted as charged and on October 9, 2005 he was sentenced to death by lethal injection
. Jim Standridge appealed the case.
admission (a temporary license to practice in a given jurisdiction), in an 18-page decision. Thompson responded with a letter to Alabama
's Judicial Inquiry Commission, questioning Judge Moore's ethics and accusing him of violating the first 3 Alabama Canons of Judicial Ethics Thompson also claimed the judge had "absolutely no authority" in preventing him from withdrawing from the case, and so therefore the court's decision to kick him off the case was a "legal nullity". He accused the court of punishing him for "aggressively telling the truth" while it "looked the other way when Blank Rome
elegantly told those lies."
Judge Moore has also referred this matter to the Alabama State Bar
for "appropriate action" remarking among other things: "Mr. Thompson's actions before this Court suggest that he is unable to conduct himself in a manner befitting practice in this state."
On November 21, 2005, Thompson claimed that "We had heard going into this civil case, before it was even filed, that a particular Western Alabama lawyer had to be part of our litigation team or Judge Moore would not give us a fair hearing. This lawyer himself claims, openly, that 'Judge Moore will not allow you to survive summary judgment if I am not on the case.' For too long we have heard swirling around this Judge allegations of improper influence." (sic) Thompson alluded that the "fixer" was local lawyer Clatus Junkin, although Junkin denied he had any influence over any judges, or that he had made such a comment, as he was "not that dumb [...] or foolish enough to imply that [he] could [influence Judge Moore]." He also declined Thompson's request to join the plaintiffs' team, citing disagreements over Thompson's demands of complete control of any contact with the news media. Judge Moore noted that even though he had banned comments on the case outside the courtroom, Thompson had issued 7 different communications between the start of the case and the day he revoked Thompson's Pro Hac Vice. After being thrown off the case, Thompson requested that Judge Moore recuse himself from the case. Moore ignored him, stating "I can’t consider it because he’s no longer practicing in the state of Alabama. If some other lawyer in the case asks me to recuse myself, I’ll consider it in court."
On December 13, 2005, Thompson announced that he will be "assisting plaintiffs’ counsel during the discovery process and in the courtroom at trial" when the civil trial begins in 2006 (the judge ruled on both Thompson's dismissal from the case, and dismissal of the case itself, during pretrial hearings). He also claimed he "will likely be a witness in the case." Although he gave no details as to what he would be a witness to, except that he claimed he had "warned, in writing," Take-Two and Rockstar Games "that murders such as those in Alabama would occur by teens who had rehearsed the murders on their virtual reality killing simulators." It should be noted though, that Judge Moore forbade Thompson from "[communicating] with the court or the judge" or he "would be held in contempt of court." While that order was appealed, it has not yet been ruled on.
On February 16, 2006, Thompson sent a letter to the Alabama Bar, accusing Judge Moore of breaking the bar rules by publicly disclosing that he had filed a complaint about Thompson with the Alabama Bar. He accused Judge Moore of denying Devin Moore a fair trial, and claimed the FBI was investigating the Florida Bar's "disciplinary process". Thompson gave the Alabama Bar until "five o’clock p.m., Eastern time, February 17, 2006" to drop the complaint, or else he would file a "federal lawsuit in the United States District Court in the Southern District of Florida on Monday, February 20, 2006."
The Alabama State Bar rules state that a court official who revokes Pro Hac Vice due to conduct must refer the matter to the Bar for review, and the Bar decides if an investigation is needed. No complaint is required to open an investigation.
Thompson's deadline of February 17 passed, without action from either party.
On February 22, 2006, Thompson followed up with another letter, announcing that he had filed a lawsuit against the Alabama Bar, for investigating a complaint " which in fact was not even filed" in "violation of its own Bar Rules."
The Alabama Bar has not yet been served notice with any complaint from Thompson, nor has any Florida court acknowledged a civil suit being filed.
Thompson announced that the Strickland v. Sony plaintiffs were still his clients, and vowed to represent them in-court when the trial resumes.
On October 9, 2007, Thompson filed a lawsuit against the Alabama Bar with the U.S. District Court for the Southern District of Florida. The case has been assigned to the same judge who has had previously presided over attempts by Thompson to sue the Florida Bar, which were voluntarily withdrawn. Thompson claimed that his rights of "speech, petition, and religion" were violated when his Pro Hac Vice status was revoked.
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
of three police officers. In August 2005, former attorney Jack Thompson
Jack Thompson (attorney)
John Bruce "Jack" Thompson is an American activist and disbarred attorney, based in Coral Gables, Florida. Thompson is known for his role as an anti-video-game activist, particularly against violence and sex in video games....
filed the lawsuit against Sony
Sony
, commonly referred to as Sony, is a Japanese multinational conglomerate corporation headquartered in Minato, Tokyo, Japan and the world's fifth largest media conglomerate measured by revenues....
.
History
Devin Moore was convicted in 2005 for the 2003 shooting of 2 police officers and a dispatcher as he was being detained for allegedly stealing a car. He grabbed one officer's .45 caliber pistol and killed all three before fleeing the station in a police cruiser he stole from the station. He was eventually caught and sentenced to death by lethal injection.In March 2005, Thompson announced he was filing a lawsuit on behalf of the families of two of the three victims in Fayette, Alabama
Fayette, Alabama
Fayette is a city in Fayette County, Alabama, United States. The 2000 census lists the population as 4,922. The city is the county seat of Fayette County.-Geography:Fayette is located at .According to the U.S...
. He was also featured in a 60 Minutes
60 Minutes
60 Minutes is an American television news magazine, which has run on CBS since 1968. The program was created by producer Don Hewitt who set it apart by using a unique style of reporter-centered investigation....
special on the case.
On August 12, 2005 Thompson officially filed Strickland vs. Sony. The third victim's family later joined the lawsuit.
On Tuesday, November 1, 2005, Thompson sent an email to various websites commenting on the opening day of the civil trial. In it, he compared Sony
Sony
, commonly referred to as Sony, is a Japanese multinational conglomerate corporation headquartered in Minato, Tokyo, Japan and the world's fifth largest media conglomerate measured by revenues....
and Take-Two Interactive
Take-Two Interactive
Take-Two Interactive Software, Inc. is a major American publisher, developer, and distributor of video games and video game peripherals. Take-Two wholly owns 2K Games and Rockstar Games. The company's headquarters are in New York City, with international headquarters in Windsor, United Kingdom...
's sale of the Grand Theft Auto video game to Imperial Japan's attack on Pearl Harbor
Attack on Pearl Harbor
The attack on Pearl Harbor was a surprise military strike conducted by the Imperial Japanese Navy against the United States naval base at Pearl Harbor, Hawaii, on the morning of December 7, 1941...
during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. According to Thompson, certain regional governments in Japan had prevented the sale of the Grand Theft Auto games to minors, though Sony continued to sell the game where its sale was not restricted in Japan and abroad (Microsoft
Microsoft
Microsoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions...
is doing the same for its own video game console). Thompson also compared the distribution of violent games to the distribution of pornography.
On Friday, November 4, 2005, Blank Rome
Blank Rome
Blank Rome LLP, formerly known as Blank Rome Comisky & McCauley, is a full-service international law and government affairs firm. It is ranked as the 84th largest law firm in the United States in terms of revenue, according to the AmLaw 100 Survey...
submitted a motion to have Thompson removed from the case, stating that Thompson would "turn the courtroom into a circus."
On November 7, 2005, Thompson withdrew from the case, stating, "It was my idea [to leave the case]." He was quick to mention that the case would probably do well with or without his presence. This decision followed scrutiny from Judge James Moore, however Thompson claimed he received no pressure to withdraw. At the same time, Judge James Moore had taken the motion to revoke Thompson's license under advisement. Jack Thompson appeared in court to defend his right to practice law in Alabama (using Pro Hac Vice
Pro hac vice
Pro hac vice , Latin: "for this occasion" or "for this event", is a legal term usually referring to a lawyer who has not been admitted to practice in a certain jurisdiction but has been allowed to participate in a particular case in that jurisdiction.The right to appear pro hac vice is not...
), following accusations that he violated legal ethics.
Just before leaving the case, Thompson filed a motion with the court, quoting noted designer Warren Spector
Warren Spector
Warren Spector is a role-playing game designer and a video game designer. He is known for having worked to merge elements of role-playing games and first-person shooters. He currently resides in Austin, Texas with his wife, fantasy writer Caroline L. Spector...
(Deus Ex
Deus Ex
Deus Ex is an action role-playing game developed by Ion Storm Inc. and published by Eidos Interactive in 2000, which combines gameplay elements of first-person shooters with those of role-playing video games...
, Thief) as being critical of Rockstar's actions, taken from a speech Spector gave at the Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
International Game Summit. He even implied that Spector could be served a subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
to testify, even though the court's jurisdiction did not extend to Spector's place of residence. On November 9, 2005, Spector lashed out at Thompson for taking his comments out of context, saying "Take two or three things, from different contexts, mash them together and you can mislead people pretty dramatically."
Devin Moore
Devin Moore (born Devin Darnell Thompson on May 15, 1985) is a criminal from Alabama who sparked a large controversyVideo game controversy
Violent video game debates often center on topics such as video game graphic violence, sex and sexism, violent and gory scenes, partial or full nudity, portrayal of criminal behavior, racism, and other provocative and objectionable material. Video games have been studied for links to addiction and...
over the video game Grand Theft Auto: Vice City
Grand Theft Auto: Vice City
Grand Theft Auto: Vice City is a 2002 open world action computer and video game developed by British games developer Rockstar North and published by Rockstar Games. It is the second 3D game in the Grand Theft Auto video game franchise and sixth original title overall...
.
Moore was apprehended several hours later in Mississippi. According to the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
, after his recapture he said, "Life is a video game. Everybody's got to die sometime." Once in custody, Moore quickly confessed. He told detectives that he shot the men because he didn't want to go to jail.
The controversy involving his relation to Grand Theft Auto was revealed during an episode of 60 Minutes
60 Minutes
60 Minutes is an American television news magazine, which has run on CBS since 1968. The program was created by producer Don Hewitt who set it apart by using a unique style of reporter-centered investigation....
on March 6, 2005. In the episode a student demonstrated Grand Theft Auto to them, showing them the adult nature of the game.. Moore, who had recently graduated from high school, had never been in trouble before. He had enlisted in the Air Force and was due to leave for service at the end of the summer.
Moore faced trial in 2005 and pleaded not guilty. The trial judge barred the defense from introducing evidence to the jury that Grand Theft Auto incited Moore's shooting spree. Moore's attorney, Jim Standridge, contended that Moore was suffering from Post Traumatic Stress Disorder at the time of the crimes. Standridge argued that Moore had been emotionally and physically abused by his father as a child.
In August 2005, Moore was convicted as charged and on October 9, 2005 he was sentenced to death by lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
. Jim Standridge appealed the case.
Alabama license revoked
On November 18, 2005, Judge Moore rejected Thompson's request to withdraw, and instead revoked his Pro Hac VicePro hac vice
Pro hac vice , Latin: "for this occasion" or "for this event", is a legal term usually referring to a lawyer who has not been admitted to practice in a certain jurisdiction but has been allowed to participate in a particular case in that jurisdiction.The right to appear pro hac vice is not...
admission (a temporary license to practice in a given jurisdiction), in an 18-page decision. Thompson responded with a letter to Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
's Judicial Inquiry Commission, questioning Judge Moore's ethics and accusing him of violating the first 3 Alabama Canons of Judicial Ethics Thompson also claimed the judge had "absolutely no authority" in preventing him from withdrawing from the case, and so therefore the court's decision to kick him off the case was a "legal nullity". He accused the court of punishing him for "aggressively telling the truth" while it "looked the other way when Blank Rome
Blank Rome
Blank Rome LLP, formerly known as Blank Rome Comisky & McCauley, is a full-service international law and government affairs firm. It is ranked as the 84th largest law firm in the United States in terms of revenue, according to the AmLaw 100 Survey...
elegantly told those lies."
Judge Moore has also referred this matter to the Alabama State Bar
Alabama State Bar
The Alabama State Bar is the integrated bar association of the U.S. state of Alabama.The Alabama State Bar was established in 1923 and is part of the 1975 Alabama Code, §§ 34-3-1 to 34-3-89....
for "appropriate action" remarking among other things: "Mr. Thompson's actions before this Court suggest that he is unable to conduct himself in a manner befitting practice in this state."
On November 21, 2005, Thompson claimed that "We had heard going into this civil case, before it was even filed, that a particular Western Alabama lawyer had to be part of our litigation team or Judge Moore would not give us a fair hearing. This lawyer himself claims, openly, that 'Judge Moore will not allow you to survive summary judgment if I am not on the case.' For too long we have heard swirling around this Judge allegations of improper influence." (sic) Thompson alluded that the "fixer" was local lawyer Clatus Junkin, although Junkin denied he had any influence over any judges, or that he had made such a comment, as he was "not that dumb [...] or foolish enough to imply that [he] could [influence Judge Moore]." He also declined Thompson's request to join the plaintiffs' team, citing disagreements over Thompson's demands of complete control of any contact with the news media. Judge Moore noted that even though he had banned comments on the case outside the courtroom, Thompson had issued 7 different communications between the start of the case and the day he revoked Thompson's Pro Hac Vice. After being thrown off the case, Thompson requested that Judge Moore recuse himself from the case. Moore ignored him, stating "I can’t consider it because he’s no longer practicing in the state of Alabama. If some other lawyer in the case asks me to recuse myself, I’ll consider it in court."
On December 13, 2005, Thompson announced that he will be "assisting plaintiffs’ counsel during the discovery process and in the courtroom at trial" when the civil trial begins in 2006 (the judge ruled on both Thompson's dismissal from the case, and dismissal of the case itself, during pretrial hearings). He also claimed he "will likely be a witness in the case." Although he gave no details as to what he would be a witness to, except that he claimed he had "warned, in writing," Take-Two and Rockstar Games "that murders such as those in Alabama would occur by teens who had rehearsed the murders on their virtual reality killing simulators." It should be noted though, that Judge Moore forbade Thompson from "[communicating] with the court or the judge" or he "would be held in contempt of court." While that order was appealed, it has not yet been ruled on.
On February 16, 2006, Thompson sent a letter to the Alabama Bar, accusing Judge Moore of breaking the bar rules by publicly disclosing that he had filed a complaint about Thompson with the Alabama Bar. He accused Judge Moore of denying Devin Moore a fair trial, and claimed the FBI was investigating the Florida Bar's "disciplinary process". Thompson gave the Alabama Bar until "five o’clock p.m., Eastern time, February 17, 2006" to drop the complaint, or else he would file a "federal lawsuit in the United States District Court in the Southern District of Florida on Monday, February 20, 2006."
The Alabama State Bar rules state that a court official who revokes Pro Hac Vice due to conduct must refer the matter to the Bar for review, and the Bar decides if an investigation is needed. No complaint is required to open an investigation.
Thompson's deadline of February 17 passed, without action from either party.
On February 22, 2006, Thompson followed up with another letter, announcing that he had filed a lawsuit against the Alabama Bar, for investigating a complaint " which in fact was not even filed" in "violation of its own Bar Rules."
The Alabama Bar has not yet been served notice with any complaint from Thompson, nor has any Florida court acknowledged a civil suit being filed.
Thompson announced that the Strickland v. Sony plaintiffs were still his clients, and vowed to represent them in-court when the trial resumes.
On October 9, 2007, Thompson filed a lawsuit against the Alabama Bar with the U.S. District Court for the Southern District of Florida. The case has been assigned to the same judge who has had previously presided over attempts by Thompson to sue the Florida Bar, which were voluntarily withdrawn. Thompson claimed that his rights of "speech, petition, and religion" were violated when his Pro Hac Vice status was revoked.