The Times-Tribune, Oct. 4

Scranton Times appeal: Judge ignored rulings

BY BORYS KRAWCZENIUK
STAFF WRITER

A Lackawanna County judge ignored three state Supreme Court rulings that upheld reporters’ absolute right to protect confidential sources when he ordered The Scranton Times to publicly identify a source at the heart of a libel suit filed by two former county commissioners, the newspaper contends in its appeal of the order.

The source provided information about the state grand jury testimony of former County Commissioners Joseph J. Corcoran and Randy A. Castellani. Lawyers representing the limited partnership that owns the newspaper and reporter Jennifer L. Henn want the state Superior Court to overturn Judge Robert A. Mazzoni’s June ruling.

Mr. Castellani and Mr. Corcoran sued the newspaper, Ms. Henn and the unidentified source, referred to as John Doe, for libel in January and asked the county court to order the source’s name disclosed.

The judge ruled the state Shield Law, which protects confidential sources, should not apply when the source reveals secret grand jury proceedings.

In their appeal filed last week, the paper’s lawyers contend Judge Mazzoni also ignored the Shield Law’s “plain and unambiguous words,” which say no newspaper “shall be required to disclose the source of any information procured ... in any legal proceeding, trial or investigation before any government unit.”

Attorneys for Mr. Castellani and Mr. Corcoran have until Oct. 26 to file a response to the newspaper’s brief supporting the appeal.

The ex-commissioners contend they were defamed by virtually identical stories written by Ms. Henn and published in the Jan. 12, 2004, editions of The Tribune and The Scranton Times, both owned by the partnership and since merged as The Times-Tribune, and by headlines that accompanied the stories. Their lawyers contend the stories, based on information provided by the source, falsely reported that Mr. Corcoran and Mr. Castellani were “considerably less than cooperative” when they testified before the grand jury. The headlines said the men stonewalled in their testimony.

The newspaper has stood by the stories, refused to retract them and refused to disclose the source’s name, citing an absolute right under the Shield Law.

Under another state law, members of grand juries, prosecutors and most others in the rooms where grand juries meet are forbidden from disclosing what happens there. Grand jury witnesses, however, are free to talk about their testimony. Judge Mazzoni said it appeared the source was someone in the grand jury room when the commissioners testified.

In his ruling, Judge Mazzoni said protecting the secrecy of grand jury proceedings “should be paramount.”

Citing Supreme Court rulings upholding the Shield Law in 1963, 1987 and 1988, the newspapers’ lawyers say the Superior Court must not allow Judge Mazzoni “to substitute (his) view for that of the legislature and the Pennsylvania Supreme Court.”

It is not clear when the Superior Court will decide the matter.