Gates

Steve Gates sued Discovery Communications, Inc., and New Dominion Pictures, Inc. (Discovery), for defamation and invasion of privacy. Discovery's demurrer to the defamation cause of action was sustained without leave to amend. Its motion to strike the privacy action under California's Anti-SLAPP [1] statute (Code Civ. Proc., [2] § 425.16) was denied. Discovery appeals, arguing the trial court erred in denying the motion.

Gates filed a complaint asserting causes of action for defamation and invasion of privacy. The complaint alleged that in 1988 Will Nix and others conspired to and succeeded in murdering Salvatore Ruscitti. Gates was an employee of Nix. While initially charged as a co-conspirator, Gates eventually pleaded guilty to being an accessory after the fact and was sentenced to three years in prison.

Discovery was the producer of a television series, The Prosecutors. The program re-enacted notorious crimes, identified the perpetrators and victims and included interviews with investigators and prosecutors. In 2001 the series aired an episode entitled "Deadly Commission" dealing with the Ruscitti murder. The program purported to portray Gates's involvement in the…