Reporters charged with contempt for printing juror's name
By The Associated Press
12.07.01
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CAMDEN, N.J. — A state judge has charged four reporters with contempt for an article that named a juror in the trial of Rabbi Fred J. Neulander, who was accused of arranging the 1994 murder of his wife.
The reporters, all with The Philadelphia Inquirer, were ordered by Superior Court Judge Linda J. Baxter to appear Jan. 16 before the top judge at the Camden County Courthouse.
The reporters must tell Assignment Judge Francis J. Orlando Jr. why they should not be found in contempt of court for publishing the jury forewoman's name following the trial after Baxter prohibited the news media from naming or identifying any juror.
Baxter issued the show cause order Dec. 3. It was obtained yesterday by the Associated Press.
She ordered the state attorney general's office to prosecute the reporters. The contempt charges are civil, not criminal, but the reporters could still face up to six months in jail and $1,000 fines, office spokesman Chuck Davis said.
Messages seeking comment from Inquirer managing editor Phillip Dixon and general counsel Katherine Hatton were not immediately returned.
The newspaper has maintained that it has the right to publish a juror's name that was revealed in open court and public records.
During the trial, Baxter ordered all reporters not to contact jurors or publish their names or likenesses. Such a ruling is common during a trial, but Baxter took the unusual step of renewing it after the trial ended.
She declared a mistrial Nov. 13 after the jury, which had spent more than 40 hours deliberating, 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.
The day after declaring the mistrial, Baxter said she would not lift the media restrictions.
An article Nov. 16 in the Inquirer named the forewoman and contained comments from another juror. It carried the bylines of Joseph A. Gambardello, George Anastasia, Dwight Ott and Emilie Lounsberry.
The newspaper appealed the restrictions, which were upheld Nov. 30 by a three-judge state appellate panel. It ruled that it was appropriate for a judge to prohibit reporters from contacting jurors in a capital murder case even after they had been dismissed.
There was a "strong likelihood that continued publicity predictably will impair the defendant's right to a fair trial," the panel ruled.
It afforded Philadelphia Newspapers Inc., the publisher of the Inquirer and the Philadelphia Daily News, the right to appeal.
Baxter also asked the attorney general's office to consider whether to bring a contempt charge against Philadelphia Magazine writer Carol Saline. That case is pending, Davis said.
During deliberations, Baxter reprimanded her for speaking with a juror. Saline told Baxter she did not intentionally violate the order barring contact with the jury.
Saline, who said she is inexperienced at covering trials, said she asked the juror whether he thought any jurors would talk to reporters after the trial. The juror told the judge that he did not answer.
Updates
Journalists found in contempt for interviewing juror in murder case
New Jersey judge also cites Philadelphia Inquirer reporters for publishing another juror's name despite order not to contact or identify jury members in rabbi's trial.
06.18.02
Magazine reporter found in contempt for talking to juror
Ruling sets stage for hearings for Philadelphia Inquirer journalists also accused of violating order barring media contact with jurors in rabbi's murder trial.
01.23.02
Previous
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
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