Saturday, July 17, 1999
Former reporter given probation
Theft of voice mail was wrong, he says
BY DAN HORN
The Cincinnati Enquirer
Michael Gallagher
|
Michael Gallagher told a judge Friday that he could give a “million reasons” why he stole voice-mail messages from Chiquita Brands International Inc.
But the former Cincinnati Enquirer reporter said none of them can excuse his crime.
“What I did was wrong,” Mr. Gallagher said. “I wish I had been a better man and had found a better way.”
After listening to Mr. Gallagher apologize to his family and Chiquita, Judge Richard Niehaus sentenced him to five years of probation and 200 hours of community service work.
The sentencing ends a criminal case that began more than a year ago after The Enquirer published articles about Chiquita's business practices.
In court Friday, the judge declared that Mr. Gallagher violated the public trust when he illegally accessed Chiquita's voice-mail system while researching the articles.
“A person empowered by the First Amendment, a power given by the people, is in a position of trust,” the judge said.
The judge's conclusion was significant because defendants who violate a position of trust while committing a crime can face stiffer sentences under Ohio law.
Despite the ruling, the judge found Mr. Gallagher qualified for probation because he had no criminal record and had cooperated with prosecutors.
Before his sentencing, attorneys on both sides told the judge that Mr. Gallagher had reached a confidential civil settlement with Chiquita.
The agreement means the company has resolved potential civil claims against Mr. Gallagher, with The Enquirer and with a former Chiquita lawyer who was accused of revealing the codes to the voice-mail system.
None of the parties involved would discuss terms of the settlements.
Special Prosecutor Daniel Breyer said it's his under standing that gag orders in the agreements prevent discussion of the legal dispute.
“They've obviously reached an accommodation that each side would remain silent,” the judge said after the sentencing.
In court, however, the judge asked several questions about Mr. Gallagher's reporting methods and whether he accessed the voice-mail messages because he felt it necessary to verify the articles.
“As a reporter, you're always looking for information to document the truth,” Mr. Gallagher said. But when the judge asked if accessing the voice-mail messages was appropriate behavior for reporters, Mr. Gallagher said, “Absolutely not.
“I don't think it's proper,” he said. “It should not have been done.”
Enquirer Publisher Harry Whipple declined to comment on the case. In a statement, Chiquita officials confirmed the civil settlement and said Mr. Gallagher “has apologized to Chiquita and its employees.”
The criminal case against Mr. Gallagher began last year after he and another reporter, Cameron McWhirter, wrote articles about Chiquita that quoted voice-mail messages from several company executives.
Six weeks later, the newspaper fired Mr. Gallagher and published a front-page apology to Chiquita that said he deceived his editors about how he obtained the voice-mail recordings.
In the apology, the newspaper renounced the articles and stated it had agreed to pay Chiquita more than $10 million.
Mr. Gallagher pleaded guilty months later to two charges accusing him of accessing the company's voice-mail system. He also signed a cooperation agreement requiring him to identify sources.
Mr. McWhirter, who now works for the Detroit News, was not charged with a crime. He also signed a cooperation agreement but did not name sources.
At Mr. Gallagher's sentencing, his attorney said the case had destroyed his client's reputation, brought finan cial ruin to his family and left him unemployable as a reporter.
“He has shamed himself and, in doing so, his family,” said defense attorney Patrick Hanley. “Despite his mistake, he's still a good man.”
Mr. Gallagher offered no explanation for why he accessed the voice-mail system, but said he regrets the decision.
“In no way, shape or form did I intend to bring negative publicity on my paper, my family or myself,” he told the judge.
Although Mr. Gallagher would not comment on his plans for the future, Mr. Breyer said the former reporter now lives in Michigan and spends his days caring for his two daughters.
He said Mr. Gallagher is un-
employed but is trying to get an in-home publishing deal for writing children's books.
While Mr. Gallagher conceded Friday that he had made a mistake, a legal brief filed earlier this week shows he still disputes that he revealed a confidential source.
“He vigorously disputes those claims that he revealed or "gave up' a source,” his attorney stated in the brief.
At a court hearing earlier this year, Mr. Gallagher named George Ventura as one of the sources for his articles.
Mr. Ventura pleaded no contest two weeks ago to four misdemeanor charges of trying to steal voice-mail messages from Chiquita.
Prosecutors say Mr. Ventura, who was sentenced to two years of probation, is the former employee who provided secret codes from the voice-mail system.
At the sentencing Friday, Mr. Gallagher did not discuss his sources or the articles in any detail.
Although he faced up to 21/2 years in prison, Mr. Gallagher urged the judge to sentence him to probation.
“I'm here because I did something wrong,” he said. “I take responsibility for my actions.”
As he left the courtroom, Mr. Hanley said his client would have nothing more to say about the case.
“He's going on with his life,” he said.
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