Fines Issued in Rabbi Case

Four Philadelphia Inquirer reporters were each fined $1,000 and three of them were given community service for a story in which they quoted one juror and identified another after the sensational trial of a rabbi charged with murder. George Anastasia, Joseph Gambardello, Emilie Lounsberry and Dwight Ott were sentenced Thursday, three days after they were found in contempt of court for violating an order from Superior Court Judge Linda G. Baxter not to talk to or identify jurors. Baxter presided over the case of Rabbi Fred J. Neulander, who is accused of arranging his wife's 1994 killing. The case ended in a mistrial in November after the jury deadlocked.

Anastasia was sentenced to 180 days in jail, all of which was suspended except five days which will be served in community service. Ott and Lounsberry were each also given 180 days, with all but 10 days suspended and to be served in community service. The service will consist of participating in area cleanup projects.

Gambardello was only fined because there was no evidence he contacted a juror.

"Where do we go from here if the media has the right to basically say ... 'We don't care about your order. We are going to do it our way.' What's the result?" said Superior Court Judge Theodore Z. Davis, who presided over the civil hearing. "Sheer anarchy. It's over."

The reporters did not speak during the hearing and did not comment afterward. Lawyers for the four indicated they would appeal.

The reporters faced maximum penalties of six months in jail and a $1,000 fine. They could be sentenced to six months in jail if they violate the order in the future, the judge ruled.

"I'm shocked that a reporter would be sentenced to jail for asking someone a question," said Walker Lundy, the newspaper's editor. He said he expects the sentences to be overturned by a higher court.

Mike Pinsky, Ott's lawyer, said the possibility of jail time for violating the order in the future could have a chilling effect on his client's reporting.

The four reporters were listed as co-authors of a story exploring whether the jury forewoman actually lived in Pennsylvania rather than Camden County and whether that would have meant a mistrial had the jury agreed on a verdict.

After the article was published, the New Jersey Supreme Court ruled that Baxter had the authority to bar reporters from contacting jurors before the verdict, but not afterward. The court also ruled Baxter could not prohibit the media from publishing the names of jurors.

Despite that, New Jersey Deputy Attorney General Eric Schweiker had argued the reporters should be held in contempt because the order was in effect at the time they violated it.

Jeffrey Zucker, a lawyer for Neulander, said Thursday's ruling should instill confidence in potential jurors for future cases.

"It allows jurors to believe it when there's a court order that they will not be contacted by the media," said Zucker, who pressed Baxter to restrict the media.

Five reporters have been held in contempt for their reporting on the Neulander case. Carol Saline, a writer for Philadelphia Magazine, was fined $1,000 and given a suspended jail sentence for approaching a juror before deliberations ended.

Neulander is awaiting a retrial. Jury selection is scheduled to begin in September in Freehold.

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Author: 6 ABC-AP