York Daily Record/Sunday News, Sept. 29

York reporters to testify to stories' accuracy
Two freelancers are scheduled to give depositions and trial testimony Oct. 6.

BY RICK LEE
Daily Record/Sunday News

Two newspaper reporters who appeared headed for possible contempt of court sanctions if they refused to testify at the ongoing Dover intelligent design trial now intend to testify next week under an agreement that does not compromise their First Amendment rights.

Joseph Maldonado, a correspondent for the York Daily Record/Sunday News, and Heidi Bernhard-Bubb, a freelance writer for The York Dispatch, went to federal court in Harrisburg Sept. 28 under subpoena.

The reporters were summoned by the plaintiffs in the case, 11 parents who brought suit against the Dover Area School Board for adding a mention of intelligent design to the biology curriculum. The Daily Record and the Dispatch both published news articles, written by their respective reporters, about the school board's discussion of creationism during public meetings.

Both Maldonado, 37, and Bernhard-Bubb, 28, had refused to answer questions Tuesday, Sept. 27 at pre-trial depositions held by the defense.

Wednesday, Sept. 28 while they waited in the hallway outside the courtroom, their defense attorney, Niles Benn, met in chambers with U.S. District Judge John E. Jones III. Benn said his concern with the reporters testifying lay with previous orders issued by Jones that he believed were too broad and allowed the parties to ask the writers about their biases, prejudices and other "extraneous matters" for writing the articles.

Jones had ruled the reporters could be called as "fact witness," open to questions about what they heard, saw and perceived. Benn, who filed unsuccessful motions to quash the subpoenas and relieve Maldonado and Bernhard-Bubb of testifying, also sought assurance from Jones that questioning would be limited to the accuracy of the stories.

"We indicated (to Jones) that under the current order, Joe and Heidi would not testify," Benn said. "The defense wanted to ask questions outside the realm of the record (the published articles). That was unacceptable. We were willing to testify based on the facts."

That was the guarantee Benn got Wednesday during his 45-minute meeting with Jones. The judge issued an order specifically limiting questions at depositions and trial to "the facts set forth in the articles ... what was seen and heard (at the board meetings) as related in the newspaper articles."

Jones also stated that the parties could accept the sworn affidavits provided by the reporters through their attorney attesting to the accuracy of the stories and release the reporters from subpoena.

Both Maldonado and Bernhard-Bubb expressed relief upon hearing of Jones' order. They have been rescheduled for depositions and trial testimony Oct. 6 in Harrisburg.

Maldonado, who owns PBJJ's, a salad and sandwich shop at Central Market, said he had been willing to testify to the accuracy of his story.

"We've said that all along," he said. "Yes, we wrote them (the articles). Yes, they are accurate. We're not saying anything any other reporter would not be proud to stand up and say."

Bernhard-Bubb, who described herself as a "stay-at-home mom," said she was relieved by Jones' clarified order.

"The new order provides a safe way for me to testify," she said. "Now, it's just going to be about the articles."