8.10.2000 00:05
Police chief issues apology to Journal over film incident
Providence Police Chief Urbano Prignano Jr. says it was "unacceptable" for his department to seize a photographer's film and orders his officers not to interfer with the media's right to report an event.

By JONATHAN D. ROCKOFF
Journal Staff Writer

PROVIDENCE -- Three days after a patrolman grabbed a Providence Journal photographer and seized her camera and pictures of a gunman, the police chief yesterday apologized for the "improper" and "unacceptable" conduct.

Col. Urbano Prignano Jr. also issued an order reminding officers to "not interfere" with the media and barring police from seizing the work product and equipment of journalists, as well as the journalists themselves.

The response pleased the publisher and top editor of the newspaper, who feared for the safety of reporters and photographers on assignment and were alarmed for the newspaper's ability to cover news.

"We were prepared to go to the courts if we felt there was no response from the police. However, there has been a satisfactory response," Executive Editor Joel P. Rawson said.

Prignano said the police will not discipline any officers involved in Sunday's incident, including Patrolman Peter E. Flynn, who photographer Rachel Ritchie said seized her film and two cameras, and took her to the station.

Ritchie had photographed a gunman who allegedly shot four people at a Puerto Rican street fair. She said Flynn twisted her arm behind her back and forced her to the ground as she was entering the newspaper building.

"The actions of my officers in seizing the camera equipment and film, as well as their handling of Rachel Ritchie was improper," Prignano wrote in a letter addressed to Rawson. "Our handling of this matter was unacceptable."

In the letter, Prignano wrote that officers believed that they could seize Ritchie's two cameras and film to get and preserve the evidence from the shooting. Police officials found that federal law barred such behavior.

Police officials will read the chief's order to officers beginning at roll calls this morning, Prignano said. Later this week, Capt. John J. Ryan, the director of administration, will lecture officers about the policy.

In the order, Prignano wrote that it should serve as a "reminder to officers that they may not interfere with the actions of the media simply because they do not agree with the coverage of an event."

The order makes clear that the police do not have to give the media "greater access" to crime scenes than any other member of the public receives. Normally, the public stands at a distance from the scene behind police tape.

Captain Ryan said the police can seize film, cameras and any other items helpful in an investigation from bystanders who are not members of the media. He said those people are not protected by the federal law.

The First Amendment Privacy Protection section in the United States code bars any government officer or employee from seizing any "work product materials" possessed by a journalist.

On Sunday, Ritchie was on assignment at the street fair when a Massachusetts man began firing his gun. Ritchie took several photographs of the gunman as he ran away from the scene. Then she told Patrolman Flynn.

An officer who police officials declined to identify ordered Flynn to seize Ritchie's photographs and cameras, Prignano said.

At least two Providence Journal security cameras recorded Flynn manhandling Ritchie, Rawson said.

At the station, the police quickly returned the film and cameras to Ritchie and allowed her to leave.

The newspaper then developed the film and gave the police photographs of the gunman, who surrendered to the Boston police later that night and is being held there.

The incident prompted an immediate meeting between Executive Editor Rawson and Chief Prignano. That discussion was followed by another yesterday morning, in the editorial library of the newspaper, with its lawyers.

Prignano, who was joined by two other police officials, agreed to issue an apology and an order after Rawson expressed his concern for the safety of his staffers and asked for the police conduct to stop, both men said.

In an interview, the chief said a recording of Patrolman Flynn's interaction with Ritchie, and the videotape of their confrontation, showed that Flynn politely asked for cooperation and did not want to use force.

Still, Prignano said he was "swayed" into apologizing by the newspaper's willingness to furnish the photographs without the police obtaining a subpoena. "When we're wrong, we're wrong," he added.

Publisher Howard G. Sutton, who did not attend the meeting but was represented by a top deputy, said the police's response safeguards staffers and allows the newspaper to fulfill its mission of informing the public.

"I am pleased that the police have issued the apology and also issued the directive, and hope this puts it to rest," Sutton said. Ritchie declined comment.

To train recruits, police officials asked for a copy of the newspaper's videotape of the incident, Rawson said, but newspaper officials declined. Rawson said the newspaper will not make the videotape public.

The scene that it captured was not the first brush between newspaper staffers and the Providence police. In 1996, Gerald M. Carbone was arrested as he reported on a shooting. Carbone was acquitted of an obstruction charge.

Rawson said the Ritchie incident especially worried newspaper officials, who met several times during the ensuing days to formulate a response, because it followed similar incidents.

While taking photographs of two women hit by a car on Sabin Street June 14, Andrew Dickerman said a firefighter first blocked his view, then grabbed him and shoved his camera into his face.

Dickerman, who photographed the unidentified firefighter, said his lip and hand were injured, and he sought medical treatment. He filed a complaint with the police. "I'm making no comment about an incident I don't know about," Fire Chief James F. Rattigan said late last night. He said he would investigate.

On Aug. 2, Rawson met with Prignano to discuss another incident.

While photographing a disturbance at a Cape Verdean festival at India Point Park July 9, Glenn Osmundson said a patrolman charged at him, twisted his arm behind his back and demanded his film.

A photograph of the officer shows it to be Patrolman Lucio Andreozzi.

Osmundson said he did not have to give up his camera after identifying himself as a Providence Journal photographer. He said the patrolman cursed at him and later beckoned him in a threatening voice.

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