State appeals panel: Judge was right to bar media from contacting jurors
By The Associated Press
12.03.01
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TRENTON, N.J. — A three-judge state appeals panel ruled late last week that it was appropriate for a judge to prohibit reporters from contacting jurors in a capital murder case, even after the jurors had been dismissed.
The Nov. 30 ruling comes as a result of the trial of Fred J. Neulander, a former rabbi accused of arranging the 1994 murder of his wife.
A mistrial was declared Nov. 13 after a jury that had spent more than 40 hours deliberating in the case could not reach a unanimous verdict on any of the three charges against Neulander.
Prosecutors are again seeking the death penalty in a retrial, which has not yet been scheduled.
On Nov. 14, Superior Court Judge Linda G. Baxter said she would not lift her restrictions on reporters covering the case. The news media had been ordered not to contact jurors or publish
their names or likenesses.
While such a ruling is common during a trial, it's unusual after a trial has ended.
The three-judge panel said Baxter took the right course, although it was leaving Philadelphia Newspapers Inc., the publisher of The Philadelphia Inquirer and the Philadelphia Daily News, the right to appeal.
The court found the media's account of prior deliberations could potentially harm the ability of the second jury to be fair.
The judges were also bothered, as Baxter was, that one television station broadcast footage of jurors leaving the courthouse after the mistrial was declared.
They were also concerned that The Philadelphia Inquirer had published a story that included the name of one juror and comments from another, who was not named. (The Associated Press did not attempt to contact jurors or publish their names.)
History showed a "strong likelihood that continued publicity predictably will impair the defendant's right to a fair trial," the panel ruled.
Neulander's lawyers argued in favor of the rules against the news media, saying that lifting them would make it harder for their client to get a fair trial.
"We don't want the potential jurors to be concerned that if they have the guts to acquit, they'd have to answer to anyone," said lawyer Jeffrey Zucker, "including the press."
Phillip Dixon, managing editor of the Inquirer, said the newspaper's publisher would appeal the Nov. 30 ruling.
"We believe that what occurs in a courtroom is public and that we were within our rights to publish a juror's name, which was revealed in open court and in public records," Dixon said in a written statement.
"We believe that Judge Baxter was correct when she did prevent jurors from speaking to the press," Dixon said. "We don't understand how the courts can then prohibit the media from
attempting to interview jurors who are willing to speak."
Updates
Newspapers' attorney claims media restrictions during trial were unfair
New Jersey Supreme Court hears arguments over judge's order stemming from rabbi's murder trial
03.26.02
Reporters charged with contempt for printing juror's name
Four Philadelphia Inquirer journalists could face up to six months in jail, $1,000 fines if found guilty of violating order barring media contact with jurors.
12.07.01
Previous
Newspaper names juror, quotes another despite judge's order
Philadelphia Inquirer also has appealed ruling barring news media from contacting or naming jurors in New Jersey rabbi’s murder case.
11.19.01
Related
Reporter does not have to turn over notes, judge rules
Court rebuffs efforts by N.J. rabbi accused of arranging wife's murder to attain records from Philadelphia Inquirer journalist.
09.12.00
