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Jury chosen for Oprah's trial

Oprah arrives in court
Oprah Winfrey arrived at court early Tuesday
In this story: January 20, 1998
Web posted at: 7:44 p.m. EST (0044 GMT)

AMARILLO, Texas (CNN) -- A jury of eight men and four women was chosen Tuesday to hear the defamation suit brought by the beef industry against the queen of television talk, Oprah Winfrey.

U.S. District Judge Mary Lou Robinson told the jury to return Wednesday at 1 p.m. for opening arguments.

The panel was fashioned from a pool of 58 potential jurors, some of whom were dismissed because they were ranchers or former ranchers and others because they were friends or customers of the plaintiffs.

Winfrey is being sued by a group of cattlemen, led by Amarillo feedlot owner Paul Engler, who say she violated the Texas "veggie libel" law against the false disparagement of agricultural products.

The lawsuit arose from an April 15, 1996, Winfrey show in which cattle rancher-turned-vegetarian activist Howard Lyman said that feeding animal parts to cattle was a common practice that could spread mad cow disease, or bovine spongiform encephalopathy, to humans in the United States.

"Now doesn't that concern you all a little bit, right here, learning that?" Winfrey asked the audience. "It has just stopped me cold from eating another burger."

Congress passed a law last year prohibiting the practice of feeding animal parts to cattle.

Cattlemen suing for $13 million

'Oprah' show
"The Oprah Winfrey Show" took mad cow disease as a topic in its April 16, 1996, broadcast
 
video icon Quicktime Video
Oprah says she won't eat another burger
2MB/16 sec./240x180
655K/16 sec./160x120

According to the cattlemen, Winfrey's comment led to a drop in the cash cattle market, a loss estimated by analysts at about $36 million. Texas cattlemen say they lost almost $13 million, and are suing Winfrey to recoup their losses.

The lawsuit could be the biggest test yet of "veggie libel" laws. The laws, which are on the books in more than a dozen states, are designed to protect agricultural products from false and disparaging statements.

Opponents contend that the laws violate constitutional rights to free speech and prevent healthy discussion about potential food dangers.

"This law should be held unconstitutional because it's vague," Reggie James, head of the Consumer's Union office in Texas, said at a news conference in Washington. "Not only are these laws ludicrous, they are dangerous."

But supporters say agricultural producers, particularly because their products have a limited life, must be protected from unsubstantiated claims that scare away consumers.

"Veggie libel" laws were adopted after reports in 1989 about the growth regulator Alar pushed down apple prices. Legal experts said the lawsuit against Winfrey could go all the way to the U.S. Supreme Court.

Oprah inspires bumper stickers

Five of those chosen for the jury have past or current connections with the beef industry.

At least two potential jurors were dismissed when they said they liked Winfrey and were likely to favor her. And all but seven of the 58 potential jurors said they had seen the Oprah Winfrey Show at least once.

Winfrey was in court, sitting with her attorneys and listening intently to the proceedings. When Robinson asked if anyone was a regular viewer of the show, three women stood.

When one of them was asked if she liked the show, she told the judge: "I've enjoyed some and not enjoyed some."

Winfrey feigned a glare at the woman, drawing laughter, including from the judge. The woman was stricken from the juror list after she told Robinson she was "probably a little for" Winfrey.

Winfrey's appearance in Amarillo has created a stir in this city of 150,000 in the Texas panhandle. Some people love her, others hate her, as reflected in two bumper stickers on sale: "Amarillo loves Oprah" and "The only Mad Cow in America is Oprah."

Trial could last 5 weeks

The judge said she anticipated that the trial would include 150 hours of testimony divided about evenly between the two sides. That would mean the trial could last at least five weeks.

Robinson also issued a summary judgment dismissing King World Productions as a defendant in the suit. The judge said that King World was only the distributor of Winfrey's show and had nothing to do with its planning and production.

Reuters contributed to this report.

 
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