Journal photo / Gretchen Ertl
Channel 10 investigative reporter Jim Taricani, who refused to reveal the source of an Operation Plunder Dome surveillance tape, speaks to the press after court today. His wife, Laurie White, is behind him at right.
PROVIDENCE -- A federal judge today found Channel 10 investigative
reporter Jim Taricani in criminal contempt for refusing to reveal the
source of an undercover videotape that aired on his television station,
while delaying sentencing until next month.
U.S. District Chief Judge Ernest C. Torres scheduled sentencing for Dec.
9 after a non-jury trial that lasted less than an hour this morning at
the federal courthouse. Taricani faces up to six months in prison.
The videotape in question was used as evidence in the federal Operation
Plunder Dome trial of former Providence Mayor Vincent A. Cianci Jr. It
shows former top Cianci aide Frank E. Corrente accepting $1,000 cash in
a white envelope from a local businessman, who was acting as an
undercover agent for the FBI.
The tape had been given to Taricani in violation of a court order and
aired on Channel 10, the local NBC affiliate, before it was shown in
court.
Special prosecutor Mark DeSisto, on orders from Torres, has been trying
for three years to find out who leaked the tape. But Taricani has
refused to give up his source, saying he would not break his promise to
keep his source's identity secret.
Torres made his finding today after rejecting an argument by Taricani's
lawyer, Martin Murphy, that the reporter should not be found guilty
because he had been acting in good faith and believed he was protected
by the First Amendment of the U.S. Constitution and general journalistic
privilege.
Torres repeated the point that Taricani was not on trial for his
decision to air the tape, but for his refusal to tell the judge who had
given it to him.
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Torres said that the evidence was "clear, overwhelming and undisputed"
that Taricani had defied a court order to disclose his source, and
therefore must be found in contempt.
"Mr. Taricani has been afforded numerous opportunities to comply with
the order," Torres said in explaining his finding. "Mr. Taricani has
persisted in his refusal for reasons he obviously thinks are good
reasons or important to him."
But, Torres added, "Regardless of the reasons, he is guilty of criminal
contempt."
A somber-appearing Taricani did not speak in the courtroom, which was
packed with press and observers. His wife, Laurie White, sat in the
second row.
After the hearing, Taricani read a prepared statement to many of his
colleagues from the press on the courthouse steps.
"When I became a reporter 30 years ago, I never imagined that I would be
put on trial and face the prospect of going to jail simply for doing my
job," he said.
Taricani said he still intends to keep his promise to his source not to
reveal his identity.
"While I am willing to go to jail, I think it is wrong for journalists
to face this type of threat simply for doing their jobs,” he said.
He acknowledged that he was "anxious and nervous" about the prospect of
going to prison. His biggest concern, he said, was his medical
condition. The 55-year-old had a heart transplant in 1996 and is on
medications to control his immune system.
Taricani is among several reporters across the country that the courts
are trying to force to name confidential sources, and his case has drawn
widespread media attention.
"I admire him enormously for sticking to his word," said Lucy Dalglish,
executive director of the Reporters Committee for Freedom of the Press.
"If journalists start revealing confidential sources, they are going to
be viewed as an arm of the government and government investigators."
This morning, members of the press surrounded the courthouse on Kennedy
Plaza -- the same court where Cianci and his fellow defendants in the
Plunder Dome case were tried -- before and after the trial began.
Several TV cameras, press photographers and TV trucks were waiting for
Taricani, as they had daily for Cianci during the spring of 2002.
Last March, Torres had found Taricani in civil contempt, fining him
$1,000 per day. WJAR, which is owned by NBC Universal Television Group,
paid $85,000 for its reporter until judge suspended the fine two weeks
ago, saying it had not achieved its goal. Torres then upped the stakes,
telling Taricani he would have two weeks to reveal his source before
returning to court for a criminal contempt hearing today.
The tape shows Antonio Freitas, posing as a corrupt businessman as part
of the FBI investigation into corruption in City Hall, giving the bribe
to Corrente. Both Cianci and Corrente were convicted on corruption
charges and are now serving federal prison terms.
Taricani has said his lawyers will ask Torres for home confinement, or
to send him to a prison medical facility. The nearest one is in Fort
Devens, Mass. -- ironically, the convicted Corrente's current address.
"This appears to be the final step in the process from this court,"
Torres told Taricani this morning, adding that he did not yet know what
sentence he would impose. "You ought to be prepared for any eventuality
at the time of sentencing."
- - With reports from The Associated Press
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