Castellani v. Scranton Times, LP

916 A.2d 648, 35 Media L. Rep. (BNA) 1097, 2007 Pa. Super. 2, 2007 Pa. Super. LEXIS 3
CourtSuperior Court of Pennsylvania
DecidedJanuary 3, 2007
StatusPublished
Cited by15 cases

This text of 916 A.2d 648 (Castellani v. Scranton Times, LP) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Castellani v. Scranton Times, LP, 916 A.2d 648, 35 Media L. Rep. (BNA) 1097, 2007 Pa. Super. 2, 2007 Pa. Super. LEXIS 3 (Pa. Ct. App. 2007).

Opinions

OPINION BY

POPOVICH, J.:

¶ 1 The Scranton Times, L.P., t/d/b/a The Scranton Times and The Tribune (the Scranton Times) and Jennifer L. Henn (Henn) (collectively Appellants), appeal the order entered on June 3, 2005, as modified on July 15, 2005, in the Court of Common Pleas of Lackawanna County, that granted Appellee’s “Motion to Compel Disclosure of the Identity of the Unnamed Source Referred to in Newspaper Articles Published on the January 12, 2004 Editions of The SCRANTON Times and The TRIBUNE.” On appeal, Appellants assert that the trial court’s granting of Appellees’ motion to compel violated their rights under the Pennsylvania Shield Law (Shield Law), 42 Pa.C.S.A. § 5942, and the First Amendment Reporter’s Privilege. Upon review, we reverse.

¶ 2 The relevant facts and procedural history of this case were set forth in part by the trial court in its opinion, filed June 3, 2005, as follows:

On or about January 7, 2004, [Appel-lees] filed a civil complaint against [Appellants]. In late 2003, the Office of the Attorney General of The Commonwealth of Pennsylvania “caused to be empan-elled the twentieth statewide grand jury (the grand jury) to investigate allegations of wrongdoing at the Lackawanna County Prison.” (See Para. 16 of [Ap-pellees’] Complaint). On or about December 2, 2003, [Appellees], pursuant to duly served subpoenas, testified before the aforementioned grand jury. At all times relevant hereto, but more specifically, at the time of their appearance, [Appellees] were Lackawanna County Majority Democratic Commissioners and were also members of the Lacka-wanna County Prison Board. (See Paras. 17,18 of [Appellees’] Complaint).
On January 12, 2004, [Appellants] published front page stories carrying the headlines “Dems Stonewall Grand Jury” (appearing in The Tribune) and “Dems Stonewall” (appearing in The Scranton Times). (See Exhibit A of [Appellees’] Complaint). Except for the headlines, the stories are nearly identical and were authored by staff writer and [Appellant Henn] of The Tribune and The ScraN-ton Times, respectively. (See Exhibit A to [Appellees’] motion
Making obvious reference to [Appel-lees], and as indicated above, the headlines of both articles claim that the “Dems” stonewalled the grand jury. In The Tribune, and as part of the headlines, there appears the following language:
“DEMS STONEWALL GRAND JURY”
Corcoran, Castellani evasiveness infuriates jurors, source claims
In The Scranton Times article, and as part of the headlines, there appears to be the following language:
[650]*650“DEMS STONEWALL”
Source: Corcoran, Castellani Vague Before Grand Jury
[Appellees] claim that both aforementioned articles “contain defamatory statements, innuendo and implications.” In the body of the articles and, among the alleged published defamatory statements, were the following:
[Appellees] were less than candid, the Times Tribune has learned.
[Appellees] were “considerably less cooperative” with the jurors, often responding with vague, evasive answers, including “I don’t recall” and “not that I’m aware of,” a source close to the investigation said.
“[Appellees] testimony really irritated the jurors. [The jurors] were ready to throw both of them out,” the source said.
“After months of hearing all kinds of detailed, specific information and testimony, [the jurors] just had no tolerance for that kind of crap.”
“[The jurors] were ready to take out the big hook and yank each of them out of the witness chair.”
A review of both articles attributed the aforementioned information to “an unnamed source close to the investigation.”
The crux of [Appellees’] defamation case is their allegation that the subject news articles were false and defamatory. In support of their claims, [Appellees] directed] the [trial court’s] attention to the grand jury presentment attached as Exhibit B to their Motion. [Appellees] alleg[ed] that the presentment spoke of the testimony of [Appellees] having “corroborated” the grand jury investigation. Furthermore, the presentment “contained no grand jury criticism of the substance or manner of the testimony rendered by [Appellees] before the grand jury.” (See Para. 6 of [Appel-lees’] Motion).
In addition to the above, and in further support of the defamatory nature of the subject articles, [Appellees] also directed] the [trial court] to Judge Isaac Garb’s September 14, 2004 Memorandum. Judge Isaac Garb was the Supervising Judge of the subject grand jury proceedings. Shortly after the publication of the subject articles, [Appellees] presented Judge Garb with a petition for sanctions. The petition was predicated on alleged disclosures of the grand jury proceedings to [The Scranton Times]. Judge Garb denied the petition for sanctions based on a lack of standing but appointed a special prosecutor to investigate the source of “unlawfully disclosed matters.” (See [Judge] Garb’s order dated April 13, 2004, attached to Exhibit E of [Appellees’] Motion). Upon conclusion of the investigation, the Special Prosecutor was directed to “submit a written report” to Judge Garb. (See Exhibit E of [Appellees’] Motion).
Upon review of the Special Prosecutor’s report, Judge Garb, in his Memorandum of September 14, 2004, concurred with the Special Prosecutor that “there was no breach of secrecy by any agent of the Attorney General’s Office.” Furthermore, Judge Garb concluded:
[...]
The reports in these newspapers which purport to be a reflection of the testimony of [Appellees] are totally at variance with the transcript of their testimony before the Grand Jury. The characterization of their testimony in the newspaper reports is belied by the record. [Appellees] testified unhesitatingly and clearly. [Appellees] were cooperative. Their testimony was not [651]*651vague. At no time did the Grand Jurors become irate or indicate a readiness to throw the witnesses out of the Grand Jury room....
... We have reviewed [the Special Prosecutor’s report], and all of the documents filed with it, including the testimony of [Appellees], as well as the newspaper reports, and concur in the [Special Prosecutor’s] conclusion. The reports published in these newspapers are completely at variance with the transcript of the testimony of the witnesses. The newspaper reports provide that the witnesses were evasive in their answers, were non-cooperative, essentially “stonewalled” the Grand Jury in its inquiry and that the Grand Jurors became irate as a result of that demeanor on [Appel-lees’] part, and demanded that they be “thrown out” of the Grand Jury courtroom. None of those things happened. Obviously, if someone wished to leak the testimony of a witness to the Grand Jury, that information relayed to the media would have reflected the testimony that actually occurred. The report of the testimony of [Appellees] was totally at variance and not borne out by the record of [Appellees’] testimony.

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Bluebook (online)
916 A.2d 648, 35 Media L. Rep. (BNA) 1097, 2007 Pa. Super. 2, 2007 Pa. Super. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/castellani-v-scranton-times-lp-pasuperct-2007.