Chief U.S. District Court Judge Ernest C. Torres appears poised to sentence Jim Taricani, an investigative reporter for NBC Channel 10, to a prison sentence on Dec. 9 following the respected newsman’s conviction on criminal contempt charges on Thursday, Nov. 18.
Taricani was found guilty of criminal contempt for not revealing the source of an undercover videotape he received – and later aired – during the Plunder Dome trial. Judge Torres was justifiably miffed that a leak of such critical information took place during the Plunder Dome, but his dogged determination to get Taricani to reveal the source of the tape is misplaced and misguided.
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Judge Torres appointed a special prosecutor – Marc DeSisto – who for several months has investigated and pressured Taricani into revealing his source. To his credit, the threat of jail time and a substantial fine (for which he has been reimbursed by NBC) have not swayed Taricani, who has called the court’s pursuit of the identity of his source “an assault on journalist freedom.”
Taricani is right. For three decades now he has earned a reputation as a first-rate investigative journalist, one who has consistently broken stories ranging from mob activities to cases of public corruption. Taricani, because he is so good at what he does, has brought countless stories to light. That at times he must use confidential sources is a part of being a good journalist. In a statement after his conviction, Taricani said: “I wish all of my sources could be on the record, but when people are afraid, a promise of confidentiality may be the only way to get the information to the public, and in some cases, to protect the well-being of the sources.”
Taricani’s case has attracted national attention.
U.S. Sen. Christopher Dodd, a Connecticut Democrat, has introduced a bill backing First Amendment rights, a journalism shield law that would cover the federal court system. Prompted in part by Taricani, Dodd said he was looking to shore up the right of Americans not only to speak freely, but to freely receive news gathered from confidential sources.
We would like to see Rhode Island’s congressional delegation sign on to support Dodd’s proposal, particularly since the impetus for it has taken place in their back yard.
Even Dodd’s efforts will not help Taricani. His fate rests with Judge Torres. We hope that between now and Dec. 9, Judge Torres recognizes that the leak of the videotape to Taricani did not ultimately impact the outcome of the Plunder Dome trial.
But more importantly, that the newsman was simply doing his job – and doing it especially well. And it would be a real crime to imprison him for that.
