Actual malice depended on what was in Kyle’s head and heart. The jury never got to hear Kyle’s testimony and evaluate it. This is a case that should have died with Kyle.

And yes, he was a frogman, in what is now called the SEALs, though at the time it was called the Underwater Demolition Teams.

I spoke with a buddy who happened to be at a nearby bar that night (another one frequented by SEALs). And while he didn’t witness whatever happened, many people came from McP’s (the bar where the incident happened) talking about the incident. Kyle’s story is more likely.

I hope Ventura enjoyed that reunion. As he will absolutely get the shit kicked out of him if he ever shows his face at another.

I am reminded of the Victorian era libel suit the artist James Abbot Whistler brought against art critic John Ruskin. The testimony at that trial also conflicted and some witnesses refused to testify, but the jury did decide for Whistler. They also awarded him exactly one farthing in damages. That is less than a penny. Whistler had to declare bankruptcy, in part because of his legal bills.

The briefs tell a different story and explain the standard for “malice.”

Compelling to me in the arguments was the fact that the next day at a BUDS graduation ceremony, Ventura did not have a mark on his face. One would think that a blow that would knock a person to the ground where allegedly hit his head on concrete would have left a mark of some type.

Ventura did not sue Kyle’s wife and kids. Ventura sued Kyle’s estate. His wife is the executrix of that estate. If the law firm of Dewey Cheatem and Howe was the executor of the estate, it would not have made a difference.

Finally, Kyle’s widow Tara did not appear in the court as far as I know. The lawyers had made a motion to have the trial moved to Texas because she did not want to leave her children for what both sides thought would be a 10 day trial at most. Because an insurance company is paying her legal fees, ($500,000) the estate is on the hook for $1.3 million. I can’t help but think that as a practical matter Tara Kyle could not have found someone to watch her children for $130,000 a day. On the emotional side, I can’t help but think that her presence in the court would have added a face to the Kyle side of the story. Ventura was present in the court. The estate lawyers had a table to defend. Juries react in different ways to that type of thing.

and for the record, a non-seal with no combat experience (he says he was a seal who saw combat)

That is a lie.