Jack Thompson’s GTA Vice City Lawsuit Tossed Out by New Mexico Appeals Court

A wrongful death suit which sought $600 million from PS2 manufacturer Sony and Grand Theft Auto: Vice City publisher Take-Two Interactive has been thrown out by a New Mexico appeals court.

The 2006 suit, announced with some fanfare by Jack Thompson during a televised news conference, sought to blame a grisly 2004 triple murder on 14-year-old Cody Posey’s play of GTA Vice City.

In December, however, a judge ruled that the New Mexico courts had no jurisdiction in the case, since neither Sony nor Take-Two had offices there. The ruling also held that New Mexico law did not support the wrongful death claim.

Following the initial dismissal of the case, the plaintiffs had 30 days to appeal – a deadline which was apparently missed. Today’s Las Cruces News-Sun reports that:

A state district court judge… had dismissed the wrongful death lawsuit for failure to provide a valid legal basis for the damage claim. The Appeals Court tossed out an appeal of that decision, saying the notice of appeal in the case had not been filed on time.

A request last evening for Thompson’s comment on the appeals court ruling went unanswered. However, in April he told GamePolitics:

[The local attorney is] in charge of filings in New Mexico.  I have nothing to do with the appeal. 

We tried to reach that attorney, Steven Sanders, last month but he did not return our call.

GP: While the appeal was dismissed on what amounts to a technicality, the entire premise of the lawsuit was a disgrace. As I outlined in a column for Joystiq, the killer, Cody Posey, was the victim of severe physical, sexual and emotional abuse at the hands of two of the victims, his father and stepmother.

In fact, the mitigating evidence was so compelling that the New Mexico juvenile court ordered him held only until he turns 21. Moreover, Posey’s own attorney, Gary Mitchell, didn’t want anything to do with the "video games made me do it" defense, saying:

I didn’t see as it as a meritorious defense. I was far more concerned about the abuse Cody suffered over the years than any connection to playing a game on the computer.


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  1. oto kirlama says:

    Nintendo is indeed selling SOME of these on the Virtual Console but not even close to all of them. While i agree in part to his piracy he was filling a market that Nintendo failed to recognize. Maybe someone doesnt want to buy a Wii. maybe they just want a console with 50 – 100 NES games on them?? maybe just maybe?

    but no Nintendo wants everyone araba kiralama to buy the Wii. thats their excuse but thats not what copyright is supposed to protect. i am real sure that the makers of 10 yard fight were losing sleep because they were missing out on their $0.00025 worth because they didnt get royalties from this player. *smirk*

    my question is, should Super Mario Bros. be banned from public domain forever? isnt 23 years enough time for Nintendo to have made their profits?

    If you have followed the Steamboat Willie case regarding Mickey Mouse you can rest in your bed well at night knowing that the MOUSE will still be under copyright law, away from public domain after your great grandchildren are in nursing homes. That is beyond ridiculous dont you think??

    Gallagher can araç kiralama say all he wants, but I strongly rent a car believe it’s due to his crappy leadership and E3 being a joke. ESA’s Board of Directors need to find a way to get out rent a car of this horrid contract with this Bush cronie before there’s no one left on the Board.

    Btw, I think Atari and Midway will drop out too, but mostly travesti because  these guys have done nothing ttnet vitamin or little and need to start saving costs.


    Now I don’t have to get off my ass for the important shit anymore!

    Whats next, ordering pizza from Xbox live?

    Wait… I think that sounds like a good idea.

    But I think voting should MAKE you get off your ass, and see outside or a second while you go vote. I mean, your picking the president of the United States of America for God’s Sake… least you can do is drive down there and punch out a card.

  2. MasterAssassin says:

    This was nothing but a shameless attempt to cash in on a tragedy. Shame on you Jack for exploiting others in your disgusting attempt to get rich.

  3. Shadow Darkman Anti-Thesis of Jack Thompson says:

    It seems that New Mexico is aware of JT’s epic ph@i1 level, which is OVER NINE-THOUSAAAANNND!!!


  4. Jack Wessels says:

    "A state district court judge… had dismissed the wrongful death lawsuit for failure to provide a valid legal basis for the damage claim."

    Could it be because there isn’t one?

  5. PHOENIXZERO says:

    Clearly the Judge was paid off here, whether it be from Take-Two, Sony or those thugs at Blank/Rome, maybe all three! I bet that witch Darva Tuna had a hand in this too. Conspiracy I tells ya! CONNNNNNSPIIIIRRRRAAAACCCYYYYYY!!!!!! /JT

  6. Zerodash ( User Karma: 0 ) says:

    The Link to the post is HERE.

    It seemed to be ignored thus far, so I would wager it a hoax.

  7. JackDon'tKnowJack says:

    Forgive me for doubting you, anonymous. The comment’s certainly there (under the May 19 article). But there’s no response to it from either Rump or Captain. Or anyone else, for that matter.

  8. JackDon'tKnowJack says:

    Rumpole’s usually pretty well-informed. As is his side-kick, Captain. Anyone got a link? I can’t find mention of anything of the sort at justicebuilding.

  9. Kincyr says:

    I agree. I also think he would’ve got a much less harsher sentence had he not killed her.

    on another note, I find this whole thing similar to one of the bad endings of a Choose-Your-Own-Adventure-style game, except in that, it’s the stepmother who kills you and your stepsister.

    岩「…Ace beats Jack」

  10. jadedcritic says:

    I too, hope it’s true, but rather doubt it.  Judge Tunis wouldn’ve have asked for a multi-month extension if she didn’t need it.  Suspect this is just a blog with questionable sources.

  11. JackDon'tKnowJack says:

    The Clerk’s docket doesn’t update automatically. Only twice a day. I’m keeping my hopes up until I can’t reasonably do so anymore.

  12. Smarty Pants says:

    Man, I’m so glad this case is being thrown out. Weren’t there any other relatives for Cody to go with?

    This just proves our legal system must be out of whack to allow crackpot lawyers like JT to practice law.

  13. Anonymous ( User Karma: 0 ) says:

    OK, so I just looked in the docket for the case.  Nothing’s listed beyond 5/8.  So I’m guessing false alarm.


    Sorry to get everyone’s hopes up.

  14. Anonymous ( User Karma: 0 ) says:

    I just saw this over at Justice Building Blog:


    Anonymous Anonymous said…

    Breaking Blog News:

    Jack Thompson found guilty of violating the rules of conduct. Judge Tunis has set the sentencing for June 4 at 2:00 p.m.

    Captain, where are you?

    Monday, May 19, 2008 7:49:00 PM


    Can anyone confirm this?  Dennis?

  15. GryphonOsiris says:

    He could be like Hillary and take every single cent from some naive 13 year old…

  16. Aliasalpha says:

    Geez don’t ask him that, he’ll just demonstrate! Thats tantamount to saying "What could possibly go wrong?" in a movie! That always happens about 5 minutes before the major disaster…

  17. Delin says:

    It is sad, though, that Jack chose to use this poor kid to further his own agenda. How much lower can you go Jack?

  18. GryphonOsiris says:

    Can’t say this surprised me. In fact I completely expected it. Shame his disbarrment results won’t come in for another 3 months.

  19. JackDon'tKnowJack says:

    Doesn’t Jack Thompson now qualify for the Guinness Book of World Records as the Most Losingest Lawyer?

  20. Rodrigo Ybáñez García says:

    The only good thing about Thompson is that lawyers will think twice before using "games made me do it" defense in forward. This man is so stupid not even other lawyers will follow his tactics.


    PWNED again + EPIC FAIL…





    ———————————————————————————————————————————–This is in spanish :lol http://thelostlevel.blogspot.com/

  21. mottom22 ( User Karma: 0 ) says:

    that’s what he always does. he did that to his legislation that failed, he blamed the politicians there, never mind the fact his legislation was so full of holes you could put it on a cracker and people would call it swiss.

    He never takes responsibility for what he does unless he thinks he "won" or is going to "win". but his view on what winning is, seems to be so off base, that he must win at everything he does. He has lost so much, that he doesn’t even know what winning is.

  22. Jabrwock says:

    I’m of the humble opinion that in cases that are found to be frivolous, the judge should be able to bill the person who filed it for the court costs.

    In some states, you can do that. If a judge declares it to be frivolous, the defendant has a better chance counter-suing for legal fees.

    AFAIK it rarely happens in cases where the defendant is a multi-national though. It’s usually used when someone is using the court system abusively to try to "ruin" someone financially through legal fees.

    — If your wiimote goes snicker-snack, check your wrist-strap…

  23. jadedcritic says:

    Certainly regrettable, to be sure, but I’m not going to pretend there isn’t a part of me that doesn’t do a jig every time a waste of space lawsuit gets thrown out. I’m of the humble opinion that in cases that are found to be frivolous, the judge should be able to bill the person who filed it for the court costs.

  24. Anonymous says:

    At the risk of sounding heartless, I will say that Codey’s parents were despicable people and may have deserved to die.  However, his sister was innocent.  She was also a victim, and he shouldn’t have killed her.

  25. Jabrwock says:

    [The local attorney is] in charge of filings in New Mexico.  I have nothing to do with the appeal. 

    Always set up a fall guy. Then when your strategy falls flat, blame the other guy. It’s never your fault.

    Heh, maybe he tried to file the appeal on time, but Jack murdered his fax machine. 😉

    — If your wiimote goes snicker-snack, check your wrist-strap…

  26. Beacon80 ( User Karma: 0 ) says:

    I hear you.  I’ve never been as disgusted with Thompson (and that’s saying something!) than when he started pulling this shit.  I’ve been angrier at him (One word: Kuja) but never as disgusted.

  27. nightwng2000 says:

    I personally don’t see abuse as having to be considered a free ride, but it certainly helps understand his true motivations.  Plus the fact that he didn’t take his own life.  Even if, techincally, he didn’t willingly take responsibility for his own actions, he IS taking responsibility.  That’s more than a lot of abuse victims do.  Many commit suicide.  Others try to get off entirely.


    NW2K Software

    Nightwng2000 has also updated his MySpace page: http://www.myspace.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

  28. Anonymous says:

    Considering Posey’s motive, I’m gonna guess that he’ll get out on parole pretty soon

    There’s something to be said about an attorney that considers videogames to be worse than sexual abuse

  29. nightwng2000 says:

    Oh, I didn’t mean that I thought Cody was getting a free ride.  But many use the "I was abused" just like "blame the game" to try to get off entirely. 

    Whether it is a reasonable sentence though, i can’t be sure.  It’s very hard to determine "too much", "too little", or "just right".

    A lot of the time, though, I hear how someone kills their spouse then claims they were abused, as if that was enough to say "Oh, well, in that case, you can go scott free".

    I don’t know if cody and his lawyer willingly accepted the sentence or not.  Either way, though, he’s taking responsibility for his actions.


    NW2K Software

    Nightwng2000 has also updated his MySpace page: http://www.myspace.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

  30. Loudspeaker says:

    I wouldn’t consider Cody’s sentence a free ride.  To me it’s showing understanding for a child that was placed in a dangerous environment by the same legal system that is now punishing him for the murders he committed.  From my understanding Cody took full responsibility for the murders and accepted that he would be punished, but that punishment wouldn’t be as bad as the abuse he was receiving.

    In my opinion if he can be given the chance at a normal life through counseling, righting the wrong the government created in the first place (placing him in the care of his abusive father), then I feel justice has been done.  Should we really be punishing the son for the misgivings of the father?  For me, it would take a LOT to push me to the point that I felt I had to kill someone to escape, but I know deep down there is a breaking point.  I can only phathom how messed up I would be if I was pushed to that point.

    The dispicable part of this entire situation was Jack Thompson trying to cash in on it.  Cody is a kid who’s crys for help went unanswered, so he took matters into his own hands.  I’m very glad the courts have thrown this case out even if it was on a technicality.

    "Volume helps to get a point across but sharp teeth are better."

  31. Stealthmaster86 says:

    If Jack focesd all is attection to the crap that Cory had to go through before he snapped he would have known that Video games was NOT the culprit. But being JT he just held his blindness on video games than the real victim (which is cory)…

  32. Timbo2702 says:

    Nothing says the ‘Game made me do it’ defence is a crock when your own attorney doesn’t believe it

    – Tim Kowalenko

  33. Monolith says:

    I believe Jack was bragging he would be at the helm of this case a few months ago, or was that Alabama? In either case its good to see this defense getting tossed out on its ass like it deserves.

    —Oh sure, its fine when a monkey does it. But when I throw barrels at an Italian plumber, they call it a hate crime! – Stephen Colbert

  34. JackDon'tKnowJack says:

    Jack had nothing to with the appeal — other than basing the entire case at trial on his wack-ass "wrongful death by video game" theory, the very same theory which, had he and local counsel timely filed notice of appeal, would have provided the basis for the appeals court to uphold dismissal. 

  35. nightwng2000 says:

    I highly recommend readers look up additional info on Cody as it didn’t simply begin with being abused by his father.  Really, he should never have been placed in the custody of his father after his mother died.  His father had previously given up his legal Rights to Cody and the State saw fit to ignore that when Cody’s mother died.

    It’s a sad, pathetic legal system we live in where abused kids are put into the custody of their abusers, prosecutors seeking sensationalism can actually seek out the likes of John Bruce, and the likes of John Bruce can further abuse the individuals, families, and communities that suffer such tragedies just to push his Anti-First-Amendment ideals, that had no business in this case to begin with.  How someone so obscene and perverse as John Bruce, who actually puts playing a violent video game as being worse than verbal, mental, physical, and even near sexual abuse, can be allowed to practice law, let alone train other individuals, family or not, to be the same way, is just a sad, horrid view of what society has become.


    NW2K Software

    Nightwng2000 has also updated his MySpace page: http://www.myspace.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

  36. JackDon'tKnowJack says:

    Jack’ll find some way to add this to his never-ending list of "legal victories."

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