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Friday, December 22, 2000

Paper accused of revealing source


Enquirer denies charge at hearing

By Dan Horn
The Cincinnati Enquirer

        The Cincinnati Enquirer gave prosecutors a slip of paper with the initials and phone numbers of a source who provided confidential information about Chiquita Brands International Inc.

        The source, former Chiquita lawyer George Ventura, claims that disclosure proves the newspaper broke a promise to protect his identity.

        But Enquirer lawyers say Mr. Ventura made no secret to his employers that he had spoken with a reporter. He just didn't tell Chiquita what information he had shared, the lawyers argued.

        Thus, the Enquirer argued, handing the paper over to prosecutors only confirmed, as Mr. Ventura had acknowledged, that he was in contact with a reporter, not that he had given over sensitive Chiquita information.

        The two sides argued about the issue for nearly two hours Thursday during a hearing in U.S. District Court.

        Mr. Ventura, a Salt Lake City attorney, sued the newspaper after former Enquirer reporter Mi chael Gallagher publicly identified him as a source for articles published in 1998 about Chiquita's business practices.

        The articles included quotes from the voice mailboxes of Chiquita executives. Both Mr. Gallagher and Mr. Ventura were later convicted of illegally accessing those voice mailboxes. Both were sentenced to probation.

        The Enquirer maintains in the lawsuit that it has never publicly identified Mr. Ventura as the source of the voice-mail codes he gave to Mr. Gallagher. The newspaper argues that if Mr. Gallagher publicly revealed that information, it is not legally responsible.

        Mr. Ventura's lawyers say the newspaper led prosecutors to their client.

        “We found material that indicated Mr. Ventura's initials and phone numbers were provided to law enforcement and possibly to Chiquita,” said Marc Mezibov, one of Mr. Ventura's attorneys. “We want to know who saw this piece of paper.”

        He said the initials “G.V.” and the phone numbers appeared on a piece of paper that was among materials the newspaper turned over to prosecutors during the criminal investigation.

        “We know there were quid pro quos,” Mr. Mezibov said of the newspaper's dealings with Chiquita and prosecutors. “We believe ... (the Enquirer) was required to provide information with respect to the indentity of individuals who had involvement in the invasion of Chiquita's voice-mails.”

        Enquirer attorney Jack Greiner acknowledged the piece of paper bearing the initials was given to prosecutors, along with “thousands of pages” of other material related to the Chiquita articles.

        But he said none of that material revealed confidential sources, including Mr. Ventura.

        Mr. Greiner said the initials and phone numbers do not identify Mr. Ventura as a confidential source, only as someone who may have been contacted by the newspaper.

        He said the disclosure of the initials and phone numbers is not significant because, prior to publication of the articles, Mr. Ventura told Chiquita officials a reporter had called him.

        “He himself told Chiquita he'd been contacted,” Mr. Greiner said.

        Mr. Mezibov said it doesn't matter if his client called Chiquita. “The fact that George's name appeared in a transmission be tween the prosecutor and the Enquirer suggests Mr. Ventura's name was confirmed one way or the other,” Mr. Mezibov said.

        In court Thursday, Mr. Mezibov argued that the disclosure of the initials and phone numbers suggests the Enquirer may have other material relevant to the case. He asked Magistrate Jack Sherman Jr. to order the newspaper to turn over that material.

        Specifically, Mr. Mezibov said, he wants all material related to a civil settlement between Chiquita and the Enquirer's parent company, Gannett Co. Inc. After agreeing to the settlement, which has remained secret, the Enquirer renounced the articles, apologized to Chiquita and paid the company more than $10 million.

        The newspaper's editors also fired Mr. Gallagher, saying he had deceived them about how he obtained the corporate voice-mail messages.

        The newspaper argues that the terms of its settlement with Chiquita are not relevant to Mr. Ventura's breach-of-promise claim.

        Magistrate Sherman said he would decide soon whether the settlement agreement and other materials should be made public. A trial is scheduled for May.

       



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