Newspaper names juror, quotes another despite judge's order
By The Associated Press
11.19.01
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| Judge Linda G. Baxter during deliberations in murder trial of Rabbi Fred J. Neulander on Nov. 13 in Camden (N.J.) Superior Court. |
CAMDEN, N.J. — In the aftermath of a mistrial in the murder case of Rabbi Fred J. Neulander, reporters have become part of the strange, ever-unfolding story.
Superior Court Judge Linda G. Baxter stood firm last week on her order that the news media not contact jurors even after they were dismissed — or publish jurors’ names or images.
But one newspaper ran a story naming a juror, quoting another, whom it didn’t name, and saying three others wanted to comment, but did not because they feared the wrath of Baxter, who sternly warned the six men and six women on the panel of the negative consequences of talking with reporters.
Baxter did not bar jurors from speaking to reporters, but warned about the possibility of their comments being misquoted or taken out of context.
By the time court offices closed Nov. 16, Baxter had not taken any action against The Philadelphia Inquirer for its front-page story in that day’s editions.
Baxter’s law clerk said the judge does not comment on any open cases — including this one.
The media story was just one more twist in an outrageous tale that included murder, adultery, a convicted mobster and even a spy plot.
Neulander, 60, remains accused of arranging the 1994 death of his wife Carol, 52, so he could carry on an affair. A mistrial was declared Nov. 13 after the jury deliberated more than 40 hours without reaching a unanimous verdict.
Most First Amendment experts do not believe a higher court would uphold Baxter’s restrictions on reporters.
“The Supreme Court said, ‘If it’s not going to work, you can’t do it,’ ” said Jonathan Kotler, director of graduate and professional programs at the University of Southern California and a lawyer who frequently represents media in First Amendment cases.
The restrictions could soon be tested with at least one appeal moving through the legal system.
Lawyers for Philadelphia Newspapers Inc., which runs the Inquirer and the Philadelphia Daily News, will make oral arguments in their appeal in a telephone conference with three state appellate judges on Nov. 28.
NBC and its Philadelphia affiliate, WCAU-TV, have also stated their intentions to appeal Baxter’s order.
In some federal jurisdictions, the accepted way to challenge an order such as this one is to violate it.
That’s not the case in New Jersey state courts, though, said Ronald Chen, associate dean at the Newark campus of Rutgers Law School.
“Unless you want to make some type of statement,” Chen said, “I don’t think you would gain anything if you violated it first.”
In fact, Chen said, an appellate panel might be troubled by such an action.
Phillip Dixon, managing editor of the Inquirer, said neither he nor other staffers would discuss the story on jurors.
The Inquirer’s biggest competitor in southern New Jersey, the Courier-Post of Cherry Hill, has not tried to reach jurors.
Executive Editor William “Skip” Hidlay said the newspaper’s corporate parent, Gannett, has editorial employees sign an ethics code that forbids breaking the law in the course of reporting.
He said the newspaper’s lawyers consider the judge’s order to carry the force of law — even if it’s disagreeable.
“We are outraged by this order,” Hidlay said. “I think it’s a clear infringement on the jury’s right to free speech as well as a clear infringement on the media’s First Amendment rights.”
While the newspaper has not tried to contact jurors itself, it has twice in print implored jurors to call the newspaper.
Hidlay said those efforts had not resulted in any calls by Nov. 16.
An order for news media not to approach jurors is common during a trial, but rare once the trial is over. In this case, it has come into play both during and after deliberations.
During deliberations, Baxter reprimanded Philadelphia Magazine reporter Carol Saline for speaking with a juror.
The day after she declared a mistrial, Baxter expressed anger in the court about a producer from WPVI-TV who said he was ordered by his boss to follow jurors home in his news van.
On Nov. 13, WTXF-TV aired footage of jurors leaving the Hall of Justice in Camden.
Update
State appeals panel: Judge was right to bar media from contacting jurors
Judges say news accounts of prior deliberations in former rabbi's murder trial could potentially harm ability of second jury to be fair.
12.03.01
Previous
News media barred from contacting jurors in murder case
New Jersey judge refuses to lift order, calling restrictions necessary because case will be tried again.
11.15.01
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Journalists found in contempt for interviewing juror in murder case
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Court rebuffs efforts by N.J. rabbi accused of arranging wife's murder to attain records from Philadelphia Inquirer journalist.
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