Printing names of Juveniles? (Now with updates!)

Re: Printing names of Juveniles?

From what I've always understood, defamation is what you do. Libel and slander indicate the way you do it.

 

Re: Printing names of Juveniles?


Again, this is not an issue of whether Sleepy "can" print the names. It's more an issue of "should" he print the names.

There are lots of things we can do without getting sued. We exercise judgment all the time.

 

Re: Printing names of Juveniles?

I agree. Just wish Sleepy Pete, whoever he is, would get off his other handle for a second and tell us more. I want to know more dammit!

 

Re: Printing names of Juveniles?

Dude you really need to cut the computer off and go outside. No one can be that interested in this. Then again, apparently I'm wrong.

 

Re: Printing names of Juveniles?

You're right, boots.

 

Re: Printing names of Juveniles?

He was under oath.

He could not have been lying.

No one lies under oath.

 

Re: Printing names of Juveniles?

OK,
I'll give some more..

1. There is an on-going investigation. So the prosecuting attorney, the police can't/won't talk.
In fact everyone of them I have talked to is wondering how the I am even writing the story anyway.
2. Prosecutor got pissed when I told him I had a source who said he had a plea deal in place with another burglary suspects. This kid is a drug dealer who was 17 at the time of the burglary. He was busted on drug charges and has copped a plea on the burglary. He has a plea hearing coming up but it hasn't been scheduled and I can't find out if it as an adult or a juvenile.
He is incarcerated and I requested a jailhouse interview. I'm hoping he will confirm the plea hearing of the original 18-year-old suspect who named names. It's a longshot, but it's one of the few good options I have left.

3. No one associated with the case will talk - except the victim. He who says he's kept up to date on everything by the prosecutor. I asked the prosecutor about that and he confirmed that he had met personally with the victim several times.
The victim, who is frustrated to read about how great these kids are every Saturday morning in the sportspages, said one of the athletes has reached a plea deal and was put on probation.
The editor says that's not good enough to use.

4. I called the parents of the kids who have been named as alleged accomplices to the burglary for a response and got no where.
One father, who has obviously already spoked with a lawyer, said he had nothing to "say that I could print."
He would not and was not saying no comment.
He said treat it as if I had never talked to him. I said I really can't do that, since I'm talking to you on the phone.

5. The kids' attorney are not returning my phone calls, nor are they willing to see me when I go to their office.

Officially, I have hit a lot of dead ends. Too many to suit the editor. Who told me as soon as I hand him the story he is sending to the paper's lawyer.

Editor, whom I respect, said he's content to stir the pot and let everyone shit their pants waiting on the story.
One of my coworkers said they were getting gas last week when a guy came in, talking on his cell phone. He flipped through the morning edition and told the person on the other end that there was nothing in there about "Biff and Johnny."
Me? I won't be satisfied until I see my story - as written - in print. I have worked too hard and invested too many hours in this not to see the names printed.
I have been stressed out over this thing for two weeks. Indigestion, headaches, neckaches -- stress out the ass.
I wouldn't trade it for a bottle of Jack Daniels and a night of freaky monkey sex Kim Kardashian. Good God what an Ass!
I want to see this reach the proper conclusion, but I have grave doubts.

I don't what else to give you W_B.

Ace, I think the question really is if the story can run. Trust me, it is news and should be printed. One of the athletes in question is a bad egg who has gotten a free pass on crimes all his life.

Boots, my editor said the same thing about the kid who made the plea agreement: he could be lying. But I don't think that hinders the paper or the story. I am accepting a court plea bargin transcript on good faith that it is the truth.

 

Re: Printing names of Juveniles?

If the kid who pleaded guilty is lying, it wouldn't be the first time that off-base court allegations were turned into a news story.

I think you have enough to run with now. You have a transcript, you have a no-comment from the father of the player and you have the fact that attorneys aren't returning calls.

 

Re: Printing names of Juveniles?

Sounds like you're doing everything right, Sleepy. I think you can wait a few more days.

Let me soak it in a little bit and we'll see if we can't get you some more leads ...

 

Re: Printing names of Juveniles?

Write what you have. Let the lawyer decide. That's pretty much all you can do at this point.
But I'm going to tell you something that your editor should have told you: You'd better be right.

 

Well shit the bed.

I'm sorry to keep dredging this up, but I can't talk about it anywhere else.

I last posted about this Wednesday. Thursday morning I come in and my editor asks to see me right away.
On Wednesday, three hours after I spoke to the father of the star player, who has been implicated, the kids' lawyer barges into the publisher's office with a motion barring our paper from printing my story - or anything related to the open-plea transcript that I obtained from the court clerk's office. Jim
Law(yer) says his motion has been signed by a judge and the transcript, its content, including and especially the names of juveniles, AND the motion itself are SEALED.

So editor sends me off to clerk's office to see if I can obtain a copy of the actual order ...since it would be nice to see what it is we need to address when we file a challenge.

Court clerk tells me she can't give me a copy of the order, cause it's sealed. She won't even tell me the name of the judge who signed the order.

On a hunch, I go see the judge who heard the plea and ask to see him.
While I'm waiting, his clerk or secretary proceeds to tell she knows why I am here and I can't run my story, because I can't print the names juveniles.
I go to see the judge, who I know - nice guy. I ask him for a copy of the order, explaining the paper's reasoning behind the request.
He politely tells me no, but says he would be willing to sit down with the Jim Law(yer), the county prosecutor, himself and the newspaper and our lawyer if we so desire.
I come to find out, after talking to Biff's daddy Jim Law(yer) and the prosecutor go to judge for a emergency hearing and order to block the paper from running a story. Daddy thought the story was running the next day.
Our paper had no idea what the hell was going on at the time and didn't find out until it was too late.

Today, we decided to try to meet with all parties and see if we can get a copy of the order and get it quashed. If that fails, I'm told we will sick the lawyers on them.

Though, I'm starting to have my doubts.
My editor tells me I don't have enough for the story. He also tells me that when he assigned me the story, he never really expected it would run!
In two meetings over the last few days, Publisher says we are a (say it with me) a "community newspaper" and we live here in the community so we have to be careful.
He also tells me we are not the NY Times and can't spend $100,00 for legal defense.


One more note: The motion, which we are assuming was granted without change, bars any and all media, especially our paper, from divulging this stuff. But it since it is sealed, how would any other outlets know? One area radio station was sniffing around over the weekend - as word is beginning to trickle out.

 

Re: Printing names of Juveniles?

Why can't you see the order filed against the paper?

That makes no sense to me.

Write_brained, can you offer any insight?