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Reporter sentenced to 6 months' home confinement

By Associated Press
12.09.04

PROVIDENCE, R.I. — A TV reporter was sentenced today to six months of home confinement for refusing to say who leaked him an FBI videotape of a politician taking a bribe.

Jim Taricani, 55, could have gotten up to six months in federal prison. He was found guilty last month of criminal contempt for defying U.S. District Judge Ernest Torres’ order to identify his source. Taricani had argued that he had promised to protect his source’s identity.

Taricani, who has a transplanted heart, had asked for less than 30 days of home confinement because of his health problems. Prosecutors asked for six months of confinement at home.

U.S. District Judge Ernest Torres said he would impose strict conditions on the home confinement to make the sentence as similar to serving prison time as possible. He said the only reason he didn’t sentence Taricani to prison was because of the reporter’s health.

Taricani is one of several journalists nationwide who have become locked in First Amendment battles with the government over confidential sources. That includes reporters for Time and The New York Times who have been threatened with jail as part of an investigation into the disclosure of an undercover CIA officer’s identity.

In the Providence case, the FBI tape of a former mayoral aide taking a $1,000 payoff was part of a corruption probe that ultimately sent city officials, including former Mayor Vincent “Buddy” Cianci, to federal prison.

Taricani broke no law by airing the tape, but attorneys, investigators and defendants were under court order not to disseminate any tapes connected to the probe, and a special prosecutor had been appointed to find out who leaked the tape.

After a three-year investigation failed to urn up the source, Torres found Taricani in civil contempt in and began fining him $1,000 a day to compel him to speak. Taricani refused, saying he had an obligation to his source, and ran up $85,000 in fines, paid for by his employer, NBC-affiliated WJAR, before the judge turned up the pressure by charging him with criminal contempt.

The reporter called his Nov. 18 criminal contempt verdict an “assault on journalistic freedom.”

Less than a week after Taricani was convicted, Providence lawyer Joseph Bevilacqua Jr. came forward and admitted he was the one who leaked the tape. Bevilacqua was the lawyer for a former city tax official who pleaded guilty in the corruption scandal.

Bevilacqua told prosecutors he never required Taricani to withhold his identity and that Taricani asked him not to come forward. He repeated that in testimony today.

Taricani, however, said Bevilacqua repeatedly insisted that his identity be kept confidential in numerous conversations during the last three years — and as recently as the day Taricani stood trial for contempt.


Update
Federal judge decries news coverage of Taricani case
Judge Ernest Torres accuses journalists of spreading 'myths' that obscured case, raps reporters for thinking they have exclusive, 'unreviewable authority' to use confidential sources. 12.10.04

Previous
Reporter facing prison time says source lied about secrecy issue
WJAR's Jim Taricani claims Joseph Bevilacqua never released him from promise to keep identity secret. 12.07.04

Related

Appeals court hears arguments from reporters in CIA leak probe

One judge seems especially skeptical of Floyd Abrams' arguments that some legal protection exists for journalists who refuse to divulge their sources. 12.09.04

News outlets subpoenaed in anthrax case
Dr. Steven Hatfill wants AP, other news organizations to identify sources who gave reporters information about Justice Department investigation. 12.20.04

Journalists to launch 'Sunshine Week'
Nationwide campaign starting in March will press for more access to government information. 01.01.05

Journalists need a get-out-of-jail-free card
By Paul K. McMasters Law enforcement wants journalists to help do its investigating — and is filing charges against them if they refuse. 11.28.04

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