Times-Tribune newsmen refuse to identify source

The short appearances by Managing Editor Robert Burke and reporter Frank Scholz, who uncovered the estates scandal at the heart of the trial, came after Senior Judge Barry Feudale insisted that they testify.

His decision was issued after he heard attorneys for the newspaper maintain that his unprecedented order would violate the "absolute privilege" that reporters have not to reveal their sources. They compared it to the attorney-client and psychiatrist-patient privileges recognized by the law. The judge rejected that argument.

He also later rejected the argument of Eagen defense attorney William Costopoulos that the papers should face substantial daily fines if they refused to testify. No sanctions were levied.

The judge explained he wanted to keep the issue alive in case Mr. Eagen should be convicted of the bribery-obstruction charges.

Mr. Burke's and Mr. Scholz's testimony went beyond the narrow question, formulated by Judge Feudale, of whether District Attorney Michael Barrasse had supplied the newspapers with information about the letter given to Mr. Eagen on Oct. 21 informing him he was a target of a grand jury investigation. A news story on Oct. 23 quoted from it.

Deputy Attorney General Patrick Blessington objected mightily to the jury hearing the refusals to testify because it would look like something was being held back about the district attorney's role.

He said the situation about leaks was so muddled that Mr. Eagen, who often talked with the media, may have released the letter himself as a pre-emptive strike.

Mr. Burke and Mr. Scholz were eventually asked similar questions about whether the information came from President Judge James Walsh, Judge Carlon O'Malley, attorney Paul Walker or the defense. They refused to answer all the queries.

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