Friday, March 19, 1999
Sentencing postponed for reporter in Chiquita case
BY DAN HORN
The Cincinnati Enquirer
A former Cincinnati Enquirer reporter will have to wait at least another week to learn his sentence for illegally accessing voice-mail messages from Chiquita Brands International Inc.
A judge decided Thursday to delay the sentencing for Michael Gallagher until March 25 so he could discuss the status of the case with prosecutors and defense attorneys.
“I want to find out what's going on,” said Judge Richard Niehaus.
Originally scheduled for sentencing today, Mr. Gallagher faces up to 21/2 years in prison.
Judge Niehaus canceled the date after the attorneys told him they had scheduling conflicts and would be unable to make it to Hamilton County Common Pleas Court.
The sentencing is expected to be delayed again next week because, as part of his plea deal, Mr. Gallagher may be called to testify in the trial of former Chiquita lawyer George Ventura.
Even if the sentencing is postponed again, Judge Niehaus said he wanted to meet with both sides to make sure the plea deal remained in place.
He said he felt the meeting was necessary because former special prosecutor Perry Ancona was replaced in December by Daniel Breyer.
When Mr. Ancona's seven-month investigation was completed, Mr. Breyer was brought in to handle Mr. Gallagher's sentencing and Mr. Ventura's trial.
Mr. Ventura is accused of providing company voice-mail codes to Mr. Gallagher and another reporter, Cameron McWhirter. He goes on trial April 19.
Mr. Gallagher pleaded guilty last year to two felony charges accusing him of illegally accessing Chiquita's voice-mail system. Those messages were quoted in articles the Enquirer published in May about Chiquita's business practices.
The Enquirer later fired Mr. Gallagher, renounced the articles and paid Chiquita more than $10 million.
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