Attorneys Ask Jury To Award Kai Spears $15M In Damages In NYT Defamation Trial

TUSCALOOSA, AL — Attorneys for former Alabama basketball player Kai Spears have requested a jury to award him $15 million in total damages as jurors begin deliberations in the high-profile defamation trial against the New York Times Co.

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As Patch previously reported, the newspaper is accused of defamation and false light/invasion of privacy for publishing a story on March 15, 2023, that said Spears was in the passenger seat of former Alabama basketball star Brandon Miller's Dodge Charger during a fatal shooting near the Tuscaloosa Strip earlier that year that resulted in the death of 23-year-old Jamea Harris.

It was revealed shortly after the story was published that it was Crimson Tide basketball manager Cooper Lee in the vehicle with Miller instead of Spears.

In the aftermath of the shooting, former Alabama basketball player Darius Miles and his childhood friend, Michael Lynn Davis, were both charged with capital murder.

Davis has since been found guilty and sentenced to life in prison without the possibility of parole, while Miles, who is accused of providing the handgun used by Davis in the shooting, is still awaiting trial.

Both sides presented closing arguments Thursday morning in U.S. District Court Judge Annemarie Carney Axon's courtroom, with attorney Matt Glover of Prince Glover Hayes speaking first on behalf of Spears' legal team.

Glover told the eight-person jury that it had the opportunity to change the way journalism works at the New York Times.

He also insisted the newspaper did not follow its own policies and standards as they relate to using anonymous sources.

As Patch has reported at length during the trial, the New York Times relied on one anonymous source whom the reporter of the story, sportswriter Billy Witz, met with in Tuscaloosa for about an hour on the morning of the story's publication.

Witz testified last week during the trial and mostly shifted the blame onto the "highly placed" anonymous source for getting it wrong but did apologize to Spears from the witness stand.

During his closing arguments, Glover pointed out that the New York Times had set an "artificial deadline" for a story about Alabama basketball and the fatal shooting on Grace Street to be published on the eve of its opening round game in the NCAA Men's Basketball Tournament.

Attorneys for Spears have argued that Witz became indignant after being told during an open locker room media availability that neither Spears nor Miller could comment on the matter, before allegedly issuing a threat to athletic staff that he would ask Alabama head coach Nate Oats about his "sensitive information" during a nationally televised press conference after he was denied a private meeting with the coach.

"They were chasing a headline at the expense of a child," Glover said.

Glover then requested the jury to award Spears a total of $15 million in damages, with $5 million in compensatory damages for the two counts against the New York Times, in addition to another $5 million in punitive damages to ensure the newspaper is held accountable and to deter it from this type of behavior in the future.

"You may think that's not enough," he told the jury.

Birmingham attorney Michael L. Bell of Lightfoot, Franklin & White, delivered the closing arguments for the New York Times and insisted that Witz made an honest mistake.

He argued that Witz was direct in his testimony and didn't try to dodge questions.

Bell also attempted to speak to Witz's due diligence in the hours before the story was published, pointing out that he had spoken with his deputy sports editor, Oskar Garcia, a total of 17 times for 143 minutes on March 15, 2023.

"He is a man trying to follow the truth, not someone who is burying their head and trying to hide from the truth," Bell said. "Billy Witz is not a villain."

Bell closed by telling the jury that attorneys for Spears failed to prove any real damages by pointing out video of the former Alabama basketball player getting high-fives at the NCAA Tournament and underscoring the fact that he received a full scholarship to play for the Crimson Tide the following season.

"This is a case of an honest mistake," Bell said.

During the opportunity for rebuttal, Glover said the First Amendment is not a "license to defame."

"Is there anything that the New York Times just said that makes you think they're going to do anything differently?" Glover asked the jury. "I want you to be involved in the decision making process to make sure next time [the NYT] seeks the truth."

Jury began deliberations around 11:30 a.m. Thursday.

This is a developing story. Tuscaloosa Patch will have more information as it becomes available.