Roundup: Reporter arrested as WTO protest anniversary turns ugly
12.07.00
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An Associated Press reporter covering a demonstration in Seattle to
mark last year's World Trade Organization
riots was among 140 people arrested. The reporter, Gene Johnson, said that
during the Nov. 30 demonstration, a police lieutenant ordered protesters
several times to disperse although they were hemmed in on four sides by
officers. Johnson was released on personal recognizance early the following
morning after being charged with pedestrian interference and failure to
disperse. Dale Leach, bureau chief for the AP in Seattle, said the news
cooperative was working to have the charges against Johnson dismissed. "This is
a reporter who was doing his job, who heard the order to disperse only after
police made it impossible to leave and who, in fact, sought and was denied
permission to leave before the arrests began," Leach said. The commemoration
began lightheartedly, but protesters later threw rocks and bottles and were
seen carrying bottles of gasoline, police said. A police captain injured in the
eye by a thrown object was treated at a hospital and released. When some 200
demonstrators refused to disperse, police used pepper spray and began arresting
participants. Police Chief Gil Kerlikowske said the arrests came an hour after
officers ordered demonstrators to disperse. But reporters, demonstrators and
observers for groups monitoring police said officers penned in and arrested
people who were trying to leave, including some shoppers who wandered in by
mistake. Associated Press
Utah: Jury awards doctor $2.2 million in suit against TV
station
A jury has awarded a doctor $2.2 million, ruling a series of
television news stories by a reporter posing as a patient seeking diet drugs
defamed him. The stories aired by KTVX of Salt Lake City in 1995 and 1996
alleged that Dr. Michael H. Jensen violated laws and regulations when he
prescribed Fen-Phen to reporter Mary Sawyers. Jensen said the stories cost him
his job and subjected him to social ridicule. After a monthlong trial, the Utah
County jury said Dec. 1 the stories defamed the former family practitioner and
cast him in a false light. The jury also found that Sawyers and United
Television, owners of KTVX, violated Jensen's privacy when Sawyers took a
hidden camera into an examination room of Jensen's clinic in July 1995. The
jurors consider punitive damages this week. Sawyers and the station are
expected to appeal the verdict. Associated Press
New York: Fox, NBC re-evaluate participation in VNS
Fox News Channel and NBC said they are re-evaluating their
participation in Voter News Service, the consortium formed to provide exit
polling data to help call elections. Fox said in a statement Nov. 29 it
"intends not to renew its contract ... unless adequate information is supplied
regarding misinformation presented on Election Day." Fox said it is exploring
other polling options for future elections. NBC said it would not renew its
membership "until it is satisfied that VNS has taken the steps needed to ensure
the accuracy and integrity of its data." But NBC said it is ready to provide
additional funding to accomplish this. VNS was set up by ABC, CBS, CNN, Fox,
NBC and the Associated Press to share election costs. Using VNS data,
television networks twice projected
winners in Florida on election night — once for Al Gore, once for
George W. Bush — only to take those calls back. The AP also called the
state for Gore on Nov. 7 but was the only one of the six members not to declare
Bush the winner early Nov. 8. The call for Gore came after polls had closed in
most of Florida, but not in some western sections of the state. That has
infuriated congressional Republicans, who question whether TV projections
discourage people from voting. NBC on Nov. 29 became the third network to
promise not to project election-night winners in a state until all the state's
polls are closed. NBC's previous policy was not to call a state winner until
the "overwhelming majority" of polls there had closed. Since the election, the
Associated Press, ABC and Fox News Channel have also said they would no longer
project winners in a state until all its polls are closed. NBC said it supports
legislation that would institute a national poll-closing time. CNN and the AP
have said they are reviewing VNS' performance. ABC wants outside experts to
look at the company; CBS would not comment on VNS. Associated Press
Indiana: Federal appeals court hears oral arguments in violent
video game case
The 7th U.S. Circuit Court of Appeals heard oral arguments Nov. 30 on
the city of Indianapolis' violent
video games ordinance. The coin-operated video game industry filed the
appeal in October after a federal judge declared the ordinance legal. The
City-County Council passed the ordinance July 10, and it was to go into effect
Sept. 1. But the American Amusement Machine Association and the Amusement and
Music Operators Association, along with a group of Indiana distributors and
operators, filed suit against the city in August. They argued that the
ordinance's restriction on games with "graphic violence" were content-based
restrictions on speech, in violation of the First Amendment. They also
contended that the ordinance was unconstitutionally vague. The ordinance
— believed to be the first of its kind — requires coin-operated
games featuring graphic violence or strong sexual content to have warning
labels, be kept at least 10 feet from any non-violent game machines, and be
separated by a curtain or wall so minors cannot view them. The law bars people
under the age of 18 from such games unless accompanied by a parent or guardian.
Businesses can be fined $200 per day for violations and three violations in one
year could cost a business its amusement location license. Scott Chinn,
attorney for the city of Indianapolis, said Nov. 30 that there was no
indication when the court would issue a ruling. Associated Press
Maryland: Top lawmakers object to closing court records
A proposal by the state court system to restrict public access to
criminal records has drawn strong opposition from Maryland's two top lawmakers.
House Speaker Casper Taylor, D-Allegany, and Senate President Thomas V. Mike
Miller, D-Prince George's, said they will, if necessary, back legislation to
override any excessive restrictions that might be imposed by the Court of
Appeals. Their comments came during a Nov. 30 meeting in Washington with
editors and reporters of The Washington
Post. The state courts are considering
eliminating most public access to
a computer system that allows individuals and companies that pay a $50 annual
fee to pull up criminal records on their computers. Records would still be
available at courthouses, but the proposal would allow court clerks to set a
limit of 10 documents a day per person. A hearing on the proposed policy change
is scheduled for Dec. 13 in Annapolis. The Court of Appeals will make a
decision next year. Julia Andrew, an assistant attorney general for the
judicial system, said court officials are fearful that information which should
not be public is included in the court records. Court clerks would know not to
give out those records, but there is no such screening of computer access, she
said. Under the proposed Maryland system, Andrew said some civil court records
would still be available through a dial-up computer system, but that access
would be at the discretion of the court information officer and might be
considerably more limited than under the current system. Tom Marquardt,
managing editor of The (Annapolis)
Capital, said he is worried about
provisions of the policy that require people who seek information to justify
their need for it. The current system has about 3,000 subscribers, and many of
them are unhappy with the proposed change. Subscribers currently use the
Internet to check on criminal records of applicants for such jobs as bank
tellers, child care workers and cleaning service employees. Associated
Press
West Virginia: Court establishes standards for access to state
police records
The state Supreme Court on Dec. 1 ruled that state police may be
compelled to produce personnel and other documents in a police brutality case,
setting a standard on how law enforcement records are subject to review. In a
unanimous decision, the court authorized the opening of records in litigation
and ruled that circuit judges may review law enforcement documents and delete
confidential information not related to a lawsuit. The judge would decide
whether to make records public. Attorneys for both sides praised the ruling.
The decision "balances the interests of the plaintiffs with the interests of
the State Police when plaintiffs are trying to get access to personnel files
and internal investigations," said Ancil Ramey, a Charleston lawyer
representing the police. The ruling, written by retiring Justice George Scott,
said records of an internal affairs division of a law enforcement agency may be
sought in legal action against police if a judge determines that the need for
the material outweighs the public interest in maintaining confidentiality.
Police are required to establish a "substantial threshold" showing that damage
is likely to result from disclosure. The justices ruled that exceptions to the
West Virginia Freedom of Information Act were not intended to shield law
enforcement documents from legitimate demands by lawyers for inspection of
documents. The Supreme Court returned the case to Mercer County Circuit Court,
where a lawsuit alleges abuse by a trooper. Associated Press
Wisconsin: Trial needed in student-fee case, judge says
A federal judge ruled Dec. 5 that a trial was needed to determine what
discretion the University of Wisconsin System has in doling out student fees to
campus organizations. In his decision, U.S. District Court Judge John C. Shabaz
denied motions for summary judgment by both the students who sued the
university and the system, clearing the way for the case to go to trial today.
The case is a continuation of a
suit brought by several students over the university's mandatory
student-fee system, which they claimed forced them to support political and
ideological groups with which they disagree. Shabaz also dismissed several
plaintiffs from the case, including Scott Southworth, one of the original
students in the case. He ruled they don't have standing to sue because they are
no longer students and don't pay the fees, meaning they can't suffer any
injuries. Associated Press
Oklahoma: Appeals court denies groups' petition to join
case
The Oklahoma Court of Criminal Appeals turned down a request from
organizations asking to argue against Oklahoma County District Attorney Bob
Macy's removal from the Oklahoma City bombing case. The Oklahoma Press
Association and FOI Oklahoma Inc. filed a friend-of-the-court brief
last week, which the judges have denied. "This court appreciates the interest
and concern of these groups," the judges said in their ruling. "However, in
order to expedite the proceedings in this matter, their motions are denied."
Macy is appealing a judge's decision to remove him and his assistants from the
prosecution of Terry Nichols in a state murder case. Associated Press
Michigan: Another man faces charges under anti-cursing
law
Another Michigan man has run afoul of a
century-old law that prohibits
cursing in the presence of women and children. Jeffery Richards, 27, was
scheduled for a pretrial hearing Dec. 4 on charges of assault, disturbing the
peace and using indecent language. Earlier this year a judge ruled that the
102-year-old law is constitutional, and upheld the conviction of another man
who swore in front of children after tumbling out of a canoe. Richards is
accused of using foul language in front of children on a school bus on Nov. 2.
Richards said he used a mild profanity, and only because he believed his
daughter was being manhandled and verbally abused by the driver. But Lake City
Area Schools' Superintendent Lew Burchard said Richards used stronger language
than he claimed and verbally threatened the driver. He shouted other
obscenities from the front of the bus, Burchard said. He added that Richards'
allegation that his daughter was manhandled by the bus driver was unfounded.
Richards could face up to 90 days in jail if convicted. Associated Press
Wisconsin: Task force recommends amending open-records
law
A task force says the Legislature should amend Wisconsin's open
records law because a state Supreme Court ruling has made it too confusing. The
confusion has prompted city attorneys across the state to delay or refuse
requests for records and documents that once were easily obtained by the public
and news media. The attorneys have become more fearful of potential lawsuits
since the state's high court ruled in 1999 that they must consider whether the
release of government records could jeopardize the privacy or reputation of
public employees. In its report to Gov. Tommy Thompson, a 24-member task force
said the court's ruling has made implementation of the law cumbersome and has
created a result contrary to the law's intent. The task force's report was
delivered to Thompson's office a few weeks ago. He could include the
recommendations in his next budget bill to be submitted early next year. The
state Supreme Court's 4-3 decision, in July 1999, involved the
Milwaukee Journal Sentinel's efforts
to obtain Milwaukee public schools' records on criminal background checks of
its employees. The court ruled public employees may ask a judge to block the
release of government records if the records invade the employees' privacy or
jeopardize their reputations. Record keepers also must give employees the
opportunity to go to court to prevent the release of such information. While
the court ruling dealt only with public employees, most municipal officials
have interpreted the ruling more broadly to avoid potential lawsuits.
Associated Press
California: Judge again bars cameras from SLA fugitive
trial
A judge in Los Angeles reiterated his ban on cameras in the courtroom
during the trial of former Symbionese Liberation Army fugitive Sara Jane Olson,
who is charged with trying to kill police officers with nail-packed bombs 25
years ago. On Dec. 1, Superior Court Judge James M. Ideman rejected a renewed
request by Court TV to televise the trial. The St. Paul, Minn., woman is
accused of conspiring to plant bombs under a Los Angeles Police Department
patrol car and a police civil service worker's car in 1975. Neither bomb
exploded. The judge, who ruled in
January that there would be no live coverage, said Dec. 1 that witnesses
may be intimidated by the presence of television cameras. Ideman said his
concern was heightened after the names and addresses of two people allegedly
targeted by the bombs turned up on Olson's Web site. Deputy District Attorney
Michael Latin argued against opening the courtroom to cameras, saying "security
is a real issue in our case." Defense lawyer Shawn Chapman spoke in favor of
cameras. Olson, formerly known as Kathleen Ann Soliah, was arrested in June
1999 in St. Paul after television's "America's Most Wanted" publicized her
case. She was freed in July 1999 after posting $1 million bond. Associated
Press
Maryland: Federal judge to decide Confederate flag fight
The Justice Department says flying a confederate flag over the
federally tended remains of Confederate soldiers could be viewed as government
endorsement of racial intolerance. Justice Department attorney W. Scott Simpson
made the argument Nov. 30 in U.S. District Court in Baltimore. Simpson is
defending the Department of Veterans Affairs in a fight over Confederate
flag-waving at Point Lookout Confederate Cemetery in St. Mary's County. The
cemetery is near the Point Lookout prisoner-of-war camp, where several thousand
Confederate soldiers died. Many are buried in a mass grave at the cemetery. The
lawsuit was filed by Patrick J. Griffin III, a Montgomery County man descended
from a Point Lookout prisoner. His complaint alleges the government is
violating constitutional rights to free speech by restricting display of the
flag. Michael Wright, one of Griffin's lawyers, said flying the flag honors the
dead. A cemetery attendant began flying the flag at Point Lookout in 1994, but
Veterans Affairs ordered it taken down after higher-ranking VA officials took
notice. VA said a policy adopted in 1995 allows the Confederate flag to be
flown at its cemeteries only on Memorial Day, and, in states where it is
observed, Confederate Memorial Day. U.S. District Judge William M. Nickerson
did not say when he will rule. Associated Press
Tennessee: State appeals court reverses dismissal of libel
suit
The Tennessee Court of Appeals ruled Nov. 30 that a judge erred in
dismissing a $1.3 million libel suit filed by a state lawmaker against The
Lebanon Democrat. Republican Rep. Mae Beavers and her husband sued after the
newspaper, in an article and editorial, alluded to rumors the couple were
spotted tearing down campaign signs before the August 1998 election. Chancellor
Tom Gray ruled Nov. 17, 1999, that the paper did not libel the couple because
there was no malice, the article was "substantially true," and the editorial
included no false defamatory statements and was a non-actionable "expression of
opinion." Beavers' appeal did not include any mention of the article, focusing
instead on the editorial, which read in part: "But what about the behavior that
some of our most 'respectable' candidates exhibited during the political
season? ... Even the petty act of sign stealing. (In fact, one prominent
elected official narrowly escaped arrest for tearing down signs on election eve
— and they didn't even have an opponent! It was just sheer personal
spite.)" Appeals Court Judge Alan E. Highers wrote on behalf of the
three-member panel that there are "genuine issues of material fact regarding
whether newspaper acted with actual malice ... and whether the article itself
was mere opinion. Specifically, we find that there are material issues of fact
regarding whether newspaper acted with reckless disregard for the truth of the
incident." The case returns to the trial court. Associated Press
Updates
Federal judge rules Confederate flag can fly at Maryland cemetery
Court says federal Veterans Administration regulations prohibiting flag's display violate free-speech rights.
01.30.01
Maryland court hears opposition to limiting electronic records access
Dozens attend public hearing to object to proposal that would end service offering computerized access to court records.
12.14.00
