Newsmen Ordered To Reveal Sources

The order was issued by Senior Judge Barry Feudale of Northumberland County, who is specially presiding, after he rejected arguments by attorney Matthew Haggerty that he should quash subpoenas from attorney William Costopoulos, Mr. Eagen's lawyer.

The judge explained that his decision reflected the tension between the constitutional right of a defendant to a fair trial and the need of news gatherers to protect their sources, which is secured by Pennsylvania's Reporters Shield Law.

How to balance those rights apparently is a question never answered in court before, the judge said. The shield law has been used often to deflect requests for news sources made by prosecutors, but there is no case law involving a defendant who is guaranteed due process.

Robert L. Burke, the papers' managing editor, and reporter Frank Scholz, could face sanctions if they refuse to testify on Monday about how the letter, issued on Oct. 21, 1997, became the basis for a news story published on Oct. 23. The judge indicated their penalty would be financial -- not imprisonment.

Mr. Costopoulos argued that the information is crucial to Mr. Eagen's defense that he was arrested and charged because Lackawanna County District Attorney Michael Barrasse wanted him out of office so he could run for his judgeship.

Questions about who leaked the investigative information to the papers, which appeared in a series of news stories about Mr. Eagen, have been a constant refrain throughout the trial. The defense contends they were orchestrated by Mr. Barrasse and Special Agent Kevin Colgan of the state attorney general's office.

Matthew Haggerty, who was assisted by attorney Joseph Haggerty Jr., argued the newspapers' ability to do their job would be destroyed if its reporters were forced to reveal their sources. People often talk to reporters only if they believe their identities will not be revealed.

The importance of news gathering, Mr. Haggerty said, is exemplified by the Eagen trial.

"I would say without the Scranton Times, this case would never come to trial," he said.

Subscribe to The Times-Tribune