Tribune-Star struck with $1.5 million libel judgment

The
Indiana
HOOSIERSTATE
PRESS
ASSOCIATION
Publisher
Published alternate Thursdays by the Hoosier State Press Association
July 31, 2008 • Volume 73, Number 16
Tribune-Star struck with
$1.5 million libel judgment
By Sue Loughlin
Tribune-Star
A Sullivan County jury
awarded a Clay County lawenforcement officer $1.5 million in damages Thursday
after ruling he was defamed
by stories published in the
Tribune-Star.
Jeff Maynard, then a Clay
County sheriff’s deputy who
has since been promoted to
detective, filed the lawsuit in
June 2004. The trial in Sullivan Circuit Court started
Tuesday and ended Thursday,
and a six-member jury deliberated for about two hours.
The jury found in Maynard's favor and awarded
him $500,000 in compensatory damages and $1 million in
punitive damages. TribuneStar publisher Jeremiah
Turner said, "We are very
disappointed with the jury's
decision and the outcome of
the trial. We have always felt
and still do that the way we
reported the story was truthful, accurate and fair. At this
point, we are considering all
the options available to us,
including an appeal."
In the lawsuit, Maynard
contended that The TribuneStar published two articles in
March and April of 2004 containing allegations against
him that "were false and defamatory."
A Clay City woman had
made allegations of misconduct following a Feb. 28,
2004, traffic stop, according to
the two news stories. As a result, then-Clay County Sheriff Rob Carter asked Indiana
State Police to investigate the
allegations.
The Tribune-Star published a third article on June
9, 2004 - not cited in the lawsuit - stating that Maynard
had been cleared of wrongdoing, and the Clay City woman
who made the allegations
had been charged with false
reporting, a class-B misdemeanor.
The false-reporting charge
was later dismissed as part
of a plea agreement that
included other unrelated
charges. Eric Frey, Maynard's
attorney, said his client "is
very pleased with the jury's
verdict. I think he felt that
he was certainly defamed by
what was printed and felt the
jury agreed with that."
In Indiana, 75 percent of
punitive damages in a civil
lawsuit brought by a private
plaintiff go to the state's vio-
lent crime victims compensation fund.
Frey said he's not sure his
client understood until after
the jury's verdict that 75
percent of punitive damages
must go to the state.
Regardless, "It wasn't
about the money with him. It
was about vindication."
Attorney David Sullivan,
who along with attorney
Scott Craig represented the
Tribune-Star in the lawsuit,
echoed Turner's comments.
Sullivan and Craig are
with the Terre Haute law
firm of Cox, Zwerner, Gambill and Sullivan. Maynard
initially filed the lawsuit in
Vigo Superior Court on June
30, 2004. The suit later was
transferred to Sullivan Circuit Court.
Each year, 100 civil torts
are transferred to Sullivan
Superior and Circuit courts
to alleviate the backlog of
civil cases in Vigo courts.
The Tribune-Star had unsuccessfully asked a Sullivan
County judge to dismiss the
lawsuit based on an Indiana
law that shields the public
and press from lawsuits that
attempt to curb free-speech
rights in matters of public
interest.
Pulliam interns, fellows gather
PAC reports spike in
advisory opinions
Public Access Counselor
Heather Neal wrote 336 advisory opinions in response
to formal complaints from
July 1, 2007 to June 30,
2008. She reports that’s an
increase of 34 percent over
the previous year and a 720
percent increase over Anne
O’Connor’s first reporting
period of 1999-2000.
Neal’s annual report
also indicates she issued 42
informal opinions over the
same time period. While
formal opinions must be issued within 30 days of receipt of the complaint, Neal
said her informal opinion
turnaround was 10 days
during the first quarter of
2008.
The PAC office responded to a total of 2,694 inquiries during the reporting
period, up 28 percent from
the previous year. Neal also
participated in or presented
in 24 educational presentations during the year.
Underscoring the importance of the office to Hoosier citizens, 49.6 percent
of the inquiries originated
from the public. Government officials initiated 38.8
percent of the inquiries and
the press was responsible
for only11.6 percent.
County agencies led the
list of who complaints were
filed against with 125 formal complaints. They were
followed by state agencies,
63; city agencies, 61; town
agencies, 50; school corporations, 34; township agencies, 25; universities, 9; and
other local agencies, 5.
The majority of com-
Neal
plaints concerned access
to public records (88.2 percent), compared to public
meetings issues (11.8 percent).
Surprisingly, 11 of the
formal complaints filed
were by government officials. Seventy-three were
filed by prisoners, 27 by the
media, and the vast majority, 239 by the public.
Neal also updated the
Handbook on Indiana’s
Public Access Laws. Since
the PAC couldn’t afford to
print it, the Indiana Coalition for Open Government
and Hoosier State Press
Association Foundation
funded the printing of
5,000 copies of the popular
resource.
On the PAC web site (in.
gov/pac), one can find other
resources created in the
last year: a guide to filing
a formal complaint, a twopage document concerning
public access to election records; and a public records
request guide for prisoners.
HSPA notice Web site sees more
traffic, nears 100 participants
(Above, Foreground) Russ Pulliam, son of
Eugene S. Pulliam for whom the HSPA Pulliam
internship program is named and grandson
of Eugene C. Pulliam for whom the Pulliam
fellowship program is named, took time last
week to brief interns on the benefits of the fellowship program at The Indianapolis Star and
Arizona Republic (Phoenix). Pulliam annually
invites HSPA interns to hear luncheon speakers. (Above, Background) Wall Street Journal
reporter and former Pulliam fellow, Paul Glader,
talks with Pulliam fellows following his presentation. (At Left) former Pulliam interns, now Pulliam fellows, Matt Baker (left) and Trevor Brown.
The public notice advertisements of nearly 100 Indiana newspapers are posted
on indianapublicnotices.com
and all but two HSPA member papers are making efforts
to either to upload their public notice ads or place them
on their Web sites so HSPA
can gather the information.
The goal is to have public
notice advertisements from
all 92 counties on the Web
site in a searchable format.
The project complements
the publication of public notices by making them more
accessible and acts as a counterpoint to those who would
like to see publication of public notices cease as a government requirement.
An entity known as Global
Notice has attempted in several states to convince legislators to require public notices advertisements be placed
on a statewide Web site the
company would create and
eliminate the publication requirement in newspapers.
While unsuccessful thus
far, HSPA sees the effort as a
serious threat to a tried-andtrue method of informing the
public of actions local and
state government take or contemplate taking. Global Notice has reserved an Indiana
specific Web site for possible
future use.
HSPA has contracted with
Please see Notice, page 2
Final deadline for submitting History
Info - Friday, Aug. 29. Questionnaire
forms available at www.hspa.com.
Page 2 • The Indiana Publisher
July 31, 2008
Editor had passion for South
2008 Calendar
Aug. 1 Better Newspaper Contest Deadline
Sept. 12 INAEA-HSPA Foundation
Advertising Conference, Indiana
Convention Center, Indianapolis
Sept. 25-26 ICEA-HSPA Foundation
Circulation Golf Outing & Conference
Dec. 6 HSPA Foundation Newsroom
Seminar, Indiana Convention Center
HSPA Board of Directors
HSPA Officers
President: Jack D. Pate, Evansville Courier & Press
Vice president: Eric Cox, The Banner (Knightstown)
Secretary: Rick Welch, The News-Dispatch (Michigan City)
Treasurer: Don Hurd, Kankakee Valley Publishing
HSPA Board Members
Dailies
Julie Inskeep, The Journal Gazette (Fort Wayne)
Randy List, Rust Communications
Juli Metzger, The Star Press (Muncie)
Tim Timmons, The Paper of Montgomery County
Nondailies
Robert Allman, All Printing & Publishing Inc.
Nancy Grossman, Leader Publishing
Patrick Lanman, Vevay Newspapers Inc.
Kathy Tretter, Dubois-Spencer Co. Publishing Co. Inc.
HSPA Foundation Board of Directors
HSPA Foundation Officers
President: Curt Jacobs, The Madison Courier
Vice president: Vickie Palmer, Vincennes Sun-Commercial
Secretary: Mayer Maloney, Hoosier Times, Inc.
Treasurer: Jeff Rogers, Home News Enterprises
HSPA Foundation Board of Directors
Henry Bird, Newspaper Holdings Inc.
Linda Chandler, Ripley Publishing
Barbara King, North Vernon Plain Dealer & Sun
Tim Swarens, The Indianapolis Star
Sarah Wilson, The Rochester Sentinel
HSPA Staff
David Stamps, Executive Director
([email protected])
Karen T. Braeckel, Foundation Director
([email protected])
Stephen Key, General Counsel
([email protected])
Yvonne Yeadon, Office Manager
([email protected])
Shawn Goldsby, ICAN & ICAN Plus Coordinator
([email protected]) Dave Ritchie, Statewide Sales Manager
([email protected])
(317) 624-4430
(317) 624-4426
(317) 624-4427
(317) 624-4433
(317) 803-4772
(317) 624-4432
Indiana Publisher Staff
David Stamps, Editor and Publisher
Carly Everson, Page Design, Staff Writer
The Indiana Publisher is published bi-weekly by the Hoosier State Press
Association, Inc., 41 E. Washington St., Suite 301,
Indianapolis, Ind., 46204, (317) 803-4772, (ISSN 0019-6711 USPS
058-730). Periodicals-class postage paid at Indianapolis, Ind.,
and at additional mailing office. Postmaster: Send address changes to:
The Indiana Publisher, 41 E. Washington St., Suite 301,
Indianapolis, Ind., 46204, (317) 803-4772, FAX (317) 624-4428.
Web Page: www.hspa.com
Subscriptions $25 per year. Ad rates furnished upon request.
By Richard Gootee
Courier & Press Staff Writer
Although Bill Sorrels
served six years as the editor of The Evansville Press,
colleagues remember it was
never a place he felt at home.
"I don't think he ever felt
as home in the Midwest as he
did in the South," said Paul
McAuliffe, a Courier & Press
editor from 1998-2006 who
worked under Sorrels.
Sorrels, 83, died July 16 in
Kosciusko, Miss., from complications from a stroke. He
was editor of The Evansville
Press from 1977-1983.
Sorrels always planned to
move back to the South after
he was done in Evansville,
said Tom Tuley, Sorrels' man-
aging editor at the Press.
"He was from Mississippi,
and he always intended ... to
go back home," said Tuley,
who took over as editor of the
Press when Sorrels retired.
McAuliffe was a young
member of the city desk when
Sorrels arrived in 1977.
He called his former boss
a "wonderful writer" who
taught him the importance of
keeping a good rhythm in his
writing.
When it came time for
McAuliffe to pass on what
he knew to young reporters,
he used what Sorrels taught
him.
"I think (what he taught
me) helped me understand
how to help a lot of our young
writers write better," he said.
"It put me in a position to
better coach them."
Before he arrived in
Evansville, Sorrels covered
some of the biggest stories of
the Civil Rights era for the
Memphis Commercial Appeal.
Sorrels' longtime colleague
at the Commercial Appeal,
Angus McEachran, praised
Sorrels' effort in the aftermath of Martin Luther King
Jr.'s assassination.
"He said what we need
to do is get somebody down
there in that rooming house
and recreate the killer's
movements before the assassination," McEachran told
the Commercial Appeal. "He
went down the next day and
came back (with that story).
He was a ... good reporter and
writer."
and are working with HSPA
to determine how they can
participate without placing
an undue burden on their
staffs,” Key said.
The database allows visitors to search for notices by
county, key words, and posting time frames.
If successful, any legislative attempt to move public
notices advertisements from
newspapers to the Internet
can be immediately countered by an “it’s already
there” argument. The debate
can then focus on the benefits
of publication, which can’t be
replicated by the Internet.
Publication allows for
verification as to what was
printed and when. It’s verification that will stand up to
scrutiny in a court of law.
Newspapers also continue
to be the most effective way
to reach the public with the
information contained in the
public notice advertisements.
In the last readership
survey conducted by HSPA,
62 percent of Hoosiers said
they would “be less likely” or
“much less likely” to see public notice advertisements if
they were moved from newspapers to the Internet.
The publication requirement should be continued,
said 73 percent of those surveyed. That percentage did
not drop when it was made
clear that government agencies must pay for the placement of those public notices.
Notice
Continued from page1
nextPression, a Dallas-based
firm, to create and maintain
the public notice Web site.
Although still in the building
stage, the site has already
drawn interest. HSPA was
contacted recently by both an
architectural firm and realty
firm when a glitch occurred
preventing them from accessing the full copy of public notice advertisements posted on
the site. The glitch has since
been fixed.
The level of cooperation
shown by member newspapers in the attempt to reach
the project’s goal has impressed HSPA General Counsel Steve Key.
“Everyone I’ve talked to
understands the reason we’re
putting this Web site online
Member Bulletin Board
Bulletin Board Policy: HSPA
runs notices at no charge
for member newspapers for
two editions. Due to space
constraints, no more than
100 words, please. Deadline:
Friday noon before publication date. E-mail copy to:
[email protected].
Employees Sought
Reporter: The Herald-Press
is seeking a news reporter
that will primarily focus on local government, but is also
capable of filling in on sports
as well. The full-time position
offers a very nice benefit package and salary is negotiable.
Prior reporting experience is
required and a college degree
is preferred. The Herald-Press
is a daily newspaper serving
the nearly 40,000 residents of
growing and scenic Huntington
County. Please send resume
to Managing Editor Tom Davis,
7 N. Jefferson Street, Huntington, IN 46750 or [email protected]. (2)
Advertising Sales Executive - The Times newspaper
(Frankfort) seeks an Advertising Sales Executive. We are
looking for someone with dynamic personality and a sense
of urgency. Someone who
can generate new sales ideas,
techniques. Position reports
directly to Advertising Director.
Responsible for maintaining
current advertising account
revenue and creating new
business in a designated territory in the Clinton, Boone, Tipton, Tippecanoe County area.
Competitive compensation
package includes 401k plan.
Vacation, health, dental, vision
and prescription plans available. Mail resume, application letter to: The Times, P.O.
Box 9, Frankfort, IN 46041
Attention: Greg Ludlow, A.D.,
[email protected]. No Telephone Calls Please. (2)
Circulation Director: The
Vincennes Sun-Commercial,
Vincennes, IN, is seeking an
individual capable of managing
the circulation department. Interested individuals must have
previous newspaper circulation
experience and prior supervisory responsibilities. This
individual will be responsible
for overseeing single copy,
home delivery, NIE, sales and
marketing and all customers
related issues. Please send
resume to: Vickie K. Palmer,
Publisher, Vincennes SunCommercial, P.O. Box 396,
Vincennes, IN 47591 or e-mail
to vpalmer@suncommercial.
com.
Free Fax Machine
HSPA has a surplus fax machine in excellent condition
available free (you pay shipping) to any HSPA member
newspaper. Machine is a
Brother 5750e – check Web for
specs. If interested, email David Stamps, dstamps@hspa.
com by Friday, Aug. 8. In case
of multiple requests, a drawing
will be held to decide winner.
Protect Public Notices In Newspapers
All HSPA members need to post their public notices to HSPA’s public
notice site: Indianapublicnotices.com
It’s easy, and it’s important!
For instructions, go to www.hspa.com
Click Public Notice, then How to Upload Notices
Page 3 • The Indiana Publisher
July 31, 2008
Kane named publisher of Indianapolis Star
By Robert King
The Indianapolis Star
Michael G. Kane's first
visit to Indianapolis was a
momentous one.
Within an hour after arriving on Wednesday (July
16), the 49-year-old newspaper executive was introduced
to the staff of The Indianapolis Star as its new president
and publisher.
The announcement came
less than three weeks after
Barbara Henry announced
her retirement after taking
over as the newspaper's top
executive in 2000.
Kane, who leaves a job
as publisher of the Rochester (N.Y.) Democrat and
Chronicle, spoke briefly to
employees before moving to
the publisher's office, where
he immediately began work.
Aside from leading The
Star, Kane will oversee
newspapers in five states for
the Star's parent, Gannett.
Among those are three of
Gannett's largest newspapers: Cincinnati, Louisville,
Ky., and Indianapolis. Gannett's largest paper is USA
Today.
In an interview following the staff meeting, Kane
said he came to Indianapolis
because he wanted to help
The Star and Gannett's other
newspapers in the region
make the changes needed
to confront challenges from
online advertising and other
media.
Specifically, he said he
wanted to help the newspapers think differently about
how they serve advertisers in
the digital age.
Kane said that too often
he sees newspaper ads that
run online without being tailored for the Internet, or ads
that aren't crafted to target
different audiences.
"So there is a real disconnect I often see in the creative execution of marketing
and advertising
solutions,"
he said.
"That is
the kind
of thing
I would
like to see
change.
If you are
going to be
Kane
multimedia, you have got to be multimedia in every facet."
Under Henry, The Star
made numerous innovations
in the way it presents news:
posting photos and short
news stories on the paper's
Web site within minutes of
an event; incorporating live
video feeds and video clips
on the Web site; adding databases to the Web site. Another improvement was the
creation of a number of hyper-local editions that serve
readers and advertisers in
communities such as Carmel
and Greenwood.
Kane said he wants to
bring such innovation to the
advertising side.
"Our industry is sort of
stuck,'' Kane said. "We are
selling online, but all too often we are selling it as newspaper people. I think that has
got to change."
Unlike Henry, who had
to learn the advertising side
after spending her first 17
years out of college as a reporter and editor, Kane spent
almost all his pre-publisher
career in marketing.
He graduated from Virginia Tech in 1981 with a
degree in journalism/communications, then worked for six
months as a freelance sportswriter in Northern Virginia.
There, he said, he covered
a "potpourri" of local sports:
high school football, girl's soccer and men's recreational
softball. But he left writing in
search of full-time work.
"My dreams of becoming
a full-time beat reporter at
the Washington Post weren't
quite materializing fast
enough," he said.
In 1982, he became an executive in the International
Newspaper Marketing Association, a trade organization where he spent six years
traveling the country and the
world advising various newspapers on how to promote
and brand themselves.
In 1988, Kane parlayed
that into a position as manager of marketing for the
Baltimore Sun. A series of
similar positions followed at
papers in Delaware and New
York.
His first job as a publisher
-- and first taste of the Midwest -- came at the Lansing
(Mich.) State Journal, where
he remained for 51/2 years.
In 2005, he was named publisher in Rochester. Kane also
was vice president of Gannett's East Publishing Group.
Paxton Media Group announces executive changes
Paxton Media Group has
announced a number of executive changes at its papers
in Indiana and Kentucky.
News-Dispatch (Michigan
City) Publisher Rick Welch
has accepted a position of
publisher at Paxton’s Madisonville, Ky., newspaper, The
Messenger. As a result of the
move, Welch, a member of the
HSPA board of directors, currently serving as secretary,
has resigned from the board.
Paxton also reported that
Patrick Kellar, current publisher of the Herald-Argus
(LaPorte), has been named
publisher, and Chris Schable,
current executive editor of
The Herald-Argus,
has been
named
executive
editor at
The NewsDispatch.
Kellar and
Schable
will conKellar
tinue their
current roles at The HeraldArgus as well, according
to David Holgate, regional
publisher for the IndianaMichigan group of PMG.
"I appreciate Rick's contribution to The News-Dispatch
and to the communities
we serve and wish him the
very best at our operation in
Madisonville," Holgate said.
"I am very excited about the
continuity created by appointing Patrick and Chris
to their respective positions.
Having individuals from the
area serving in their roles
will allow the local flavor of
the paper to thrive."
Prior to his appointments
in La Porte County, Kellar
was publisher of The CourierTimes (New Castle) and the
Connersville News-Examiner.
Kellar, originally from North
Dakota, was publisher at The
Ashley Tribune and The Val-
HSPA salutes Michael
Corbett for ICAN Plus Ad
Mike Corbett
Publisher
Noblesville
Daily Times
ley City
TimesRecord,
and
held positions
at The
Fargo
Forum,
The Bismarck
Tribune
Welch
and The
Minot Daily News, all in his home state.
Schable is a lifelong La
Porte resident, graduating
from La Porte High School in
1990.
In addition to executive
editor, he has served as news
editor and sports editor during the past 10 years at The
Herald-Argus.
He also served as sports
editor at the Chesterton Tribune and as a sports information supervisor for the U.S.
Olympic Committee prior to
coming to The Herald-Argus.
"Growing up in La Porte
County, I never expected to
have the opportunity to be
the editor at my two home
county newspapers," Schable
said. "It has been and will
continue to be an honor and a
privilege to work in two great
communities among family
and friends."
Join these editors
who brighten their pages
with the humor of Dick Wolfsie—
Dick tickles the funny bone of our readers. His columns
offer a unique perspective on the stuff of everyday life. He
has become a reader favorite, and provides some humor in
the midst of much not-so-pleasant news.
—Scarlett Syse, Editor, The Daily Journal, Franklin
Dick Wolfsie’s column provides a nice balance on our opinion
page, giving readers a chance to relax and laugh in a section
of the paper that more often stirs anger and animosity.
—Ron Browning, Editor, Noblesville Times
Every day we strive to reach readers and give them a product that makes
them want to come back tomorrow. Dick's writing is intelligent and funny
and is one of the most popular features we have. Dick gives us another
tool to engage our readers.
—Tim Timmons, Publisher, The Paper of Montgomery County
Dick Wolfsie—
Michael sold this ICAN
Plus ad for an art fair.
Thanks, Michael!
ICAN sales pay $150 commission to selling paper.
ICAN Plus sales pay $135 (2x2); $270 (2x4) to selling paper.
Selling is usually done to EXISTING customers. No cold
calling.
Join Michael in selling ICAN and ICAN Plus ads.
Shawn Goldsby – [email protected] can help, or go to
hspa.com and click on Adverting Services for info on selling
into both programs.
Ê
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(More than 400 columns in seven years)
(Including Mornings with Barney, out this fall)
(
ÕÀÀi˜ÌÞÊ>Êvi>ÌÕÀiÃÊÀi«œÀÌiÀÊvœÀÊ7-‡/6]ʘ`ˆ>˜>«œˆÃ)
Forty years ago, Art Buchwald told Dick,
“Stay out of my racket.” Dick didn’t listen.
Dick’s weekly column is available on a free trial basis.
No contract, no cancellation fees.
For more information, contact Dick directly: [email protected] or 317.594.9312
Page 4 • The Indiana Publisher
July 31, 2008
Emotion outweighed law in libel verdict
The United States is a
nation founded on law, but
sometimes emotion can overrule the law.
That appears to be the
case with the $1.5 million
libel verdict against The
Tribune-Star (Terre Haute)
reached by a Sullivan County
jury.
The lawsuit concerns two
stories published in 2004
about allegations made by
Sandra Buczek of Clay City
against Clay County Sheriff’s
Deputy Jeff Maynard. She alleged Maynard had suggested
she expose her breasts to him
in exchange for him not arresting her for driving while
her license was suspended.
Clay County Sheriff Rob
Carter had the allegations
investigated by the Indiana
State Police. The investigation led to a charge of criminal false reporting against
Buczek. The Tribune-Star
wrote a third article (not
mentioned in the filing of
the libel lawsuit) stating
Maynard had been cleared of
wrongdoing and that Buczek
had been charged.
The jury award is the largest libel verdict against a
media defendant in Indiana.
Greater than the $985,000
award by a Noble County
jury against the JournalGazette (Fort Wayne). That
award was overturned by the
Indiana Supreme Court in
1999 after 10 years of litigation.
Tribune-Star publisher
Jeremiah Turner said he and
the newspapers’ attorneys,
David Sullivan and Craig
Cox of Cox, Zwerner, Gambill
and Sullivan, Terre Haute,
were surprised by the verdict. An appeal will be filed,
Turner said.
Turner said the jury might
have been swayed by tearful
testimony offered by Maynard’s former wife, which had
Maynard and some of the jurors also in tears.
The crux of Maynard’s
case was that the newspaper
shouldn’t have printed the
story because Sheriff Carter
said he didn’t believe Maynard had done what was alleged and that the newspaper
knew that another deputy
had made the traffic stop.
Turner said Carter’s comment was made by Carter
on condition of confidentially (off-record request) or it
would have been included in
the story and that the offending story included the fact
that the other deputy had
said he, not Maynard, had
Legally
Speaking
by Stephen Key
stopped Buczek.
How the Tribune-Star
could be faulted for reporting on allegations against a
police officer that were to be
investigated by the Indiana
State Police is unfathomable.
The case should have been
dismissed prior to trial under
Indiana’s anti-SLAPP statute, which protects against
lawsuits that attack the
public, including the media,
for acts “in furtherance of a
person’s right of petition or
free speech under” the U.S. or
Indiana constitutions in connection with a public issue or
issue of public interest.
Unfortunately, Sullivan
Circuit Court Judge P.J. Pierson denied the motion and
the Indiana Court of Appeals
refused to accept the newspaper’s interlocutory appeal.
The Tribune-Star’s editorial decision to publish a
story about the allegation
and pending investigation,
contrary to Sheriff Carter’s
view or the other deputy’s assertion that he, not Maynard,
had made the traffic stop,
does not reflect “malice” or
“reckless disregard for the
truth,” which the plaintiff
must show to succeed in a
libel case.
The sheriff’s comments
were a reflection of his personal confidence in Maynard,
not knowledge of what happened during the traffic stop.
The fact that another deputy
made the stop doesn’t diminish the public’s interest in the
allegations and state police
investigation, but reflects the
potential credibility of the
woman making the accusations.
This verdict cannot stand;
otherwise, newspapers run
the risk of costly lawsuits
anytime they decide to run a
story questioning the actions
of public officials in the face
of denials of wrongdoing by
the official in question or his/
her superiors.
As I said in a April 2006
column, under this scenario,
The Washington Post’s investigation into the Watergate
scandal may have died a
premature death because numerous White House officials
denied any wrongdoing had
occurred, including President
Richard Nixon’s famous “I am
not a crook” speech. The risk
would have been too great for
The Post to continue with its
critical work.
No one denies that Buczek’s lie harmed Maynard’s
reputation, but Maynard’s
remedy lay with legal action
against her, not the newspaper. The Tribune-Star’s coverage of the story was made
in good faith and grounded
soundly on First Amendment
principles and ethical journalistic practices.
The newspaper attributed
the defamatory remarks to
their source. It afforded Maynard, Carter and Clay County
Prosecutor Dave Thomas the
opportunity to comment on
the allegations and investigation so that balanced and fair
stories could be presented to
the public. It has the right to
report on the activity of the
Indiana State Police and public allegations made against a
law enforcement officer.
An anti-SLAPP ruling by
Judge Pierson would have
saved both Maynard and
the Tribune-Star thousands
of dollars in legal fees that
should result in the exoneration of the newspaper.
HSPA Hot Line
The following questions came
from: The Indianapolis Star,
Washington Times-Herald,
The Loogootee Tribune, The
Salem Leader and The Salem
Democrat, and Wabash Plain
Dealer.
Q
The Hamilton
County Prosecutor’s
office has concluded
that Rep. Kathy
Richardson did not
break any state laws in her
use of e-mail as a county employee, but the office refuses to
release the analysis that was
sent to the Indiana State Police. The argument is that this
would have been a matter to
go before the grand jury, so it
falls under the confidentiality
of grand jury matters. Is this
right?
A
I would disagree. Administrative Rule 9 does
require confidentiality for
grand jury proceedings, but
this matter will not become
part of any grand jury proceedings.
The prosecutor’s concern
would effectively prevent his
office from providing the public information that serves
to exonerate a public official,
which is illogical.
At most, the document
might be considered an investigatory record, which gives
the prosecutor the discretion
to release as much of the document as he wishes to make
available to the public.
Q
A mother faces
charges of neglect
in the death of her
child. What availability is there of
records from the Child Protective Services concerning its
involvement with the mother
and child.
A
The General
Assembly a few
years ago created
local child fatality review teams to examine
deaths to determine if there
were ways to reduce the number of child deaths. As part
of that legislation, there is a
requirement to make records
available to the public, albeit
redacted by a juvenile court
judge. This provision can be
found at IC 31-33-18-1.5.
What isn’t clear to me is
whether the records request
should be made directly to
the juvenile court or agencies, such as Child Protective
Services.
Q
The Martin
Circuit Court judge
has indicated we
can’t print information out of the County Clerk’s
docket book without his approval. Is this correct?
A
No. The docket
book is a public record and there’s no
basis for the judge
to sign off on information
that would be printed from
that book.
disclaimer line outlining who
paid for the ad and whether
it was approved by any candidate.
Q
Q
Drug task force
members say one
doctor in county is
responsible for 90
percent of the prescriptions
for painkillers, but don’t
name the doctor. Can the
newspaper get in libel trouble
if we print this information?
A
No. With 20
doctors in the
county and no identification by the
police officers, it would be difficult for the doctor to show
that the public knew which
doctor was being singled out.
You also have the attribution
of the comment to public officials, so I don’t see any liability in using the comment.
A business
wants to place an
ad letting people
know it’ll be closed
for a local parade and urging
people to attend the parade
and cheer for a state representative’s candidate from the
town. Does this qualify as a
political ad?
Since the language doesn’t advocate the election or
defeat of a political
candidate, but merely urges a
warm reception for the crowd,
I don’t believe this fits the
definition of a political ad and
will not require the political
A
2008 Schedule of Budget Notices
Listed at right is the 2008
schedule of publication
for notices of budgets and
tax levies by various government units. Publication
is made twice according
to the provision of the
Public Notice Advertising
Law (IC 5-3-1). If you have
any questions concerning
these notices, please call
or e-mail HSPA general
counsel Steve Key, at
(317) 624-4427 or skey@
hspa.com.
Governmental Unit
Last date for First Publication
(10 days prior to public hearing)
3rd Class Cities, Towns,
Conservancy Districts,
Sept. 10, 2007
Last date for Second Publication
(At least 3 days prior to public hearing)
Sept. 17, 2007
2nd Class Cities, Fire
Protection Districts
Aug. 31, 2007
Sept. 7, 2007
Libraries, Townships
Schools, Counties,
Solid Waste Districts Airport Authority Districts – Same time and manner as the taxing entity that established the district.
Consolidated City – Publications 10 and 3 days prior to last meeting of the City-County Council in September.
TIF Redevelopment Area – Same schedule as city, town or county that established the tax increment finance
district.