A local television reporter will face charges of criminal contempt for refusing to reveal the identity of the person who gave him a secret FBI videotape used in the 2002 "Operation Plunder Dome" trial of former Mayor Vincent Cianci and associates.
On Thursday, Chief U.S. District Judge Ernest Torres told reporter Jim Taricani that he will face trial if he does not reveal his source by Nov. 18. Taricani is a reporter for WJAR Channel 10, NBC's Providence affiliate. If found guilty, he would face a prison sentence of up to six months.
Taricani was found in civil contempt on March 16 for refusing to disclose the source of an FBI videotape that showed former Providence City Hall official Frank Corrente accepting a cash bribe. WJAR aired the videotape before Corrente and three codefendants, including Cianci, were tried on corruption charges. The charges were the result of a four-year-long public corruption investigation dubbed "Operation Plunder Dome."
The March 16 ruling highlighted the conflict between journalists' rights to inform the public and defendants' rights to a fair trial.
Torres said the source of the video gave the tape to Taricani to undermine the Plunder Dome investigation or to deny those in the case access to a fair trial. For this reason, Torres said Taricani could not use confidentiality as a shield to prevent the violator from being prosecuted.
Torres referenced the 1972 U.S. Supreme Court case Branzburg v. Hayes, which states that reporters do not have a First Amendment right to refuse to answer "relevant questions put to them in the course of a grand jury investigation or criminal trial."
After the ruling, WJAR released a statement expressing the station's disappointment in the court's continued efforts to force Taricani to reveal his source.
"As a news organization, we report information, sometimes involving wrongdoing, about the government. Often, we can only do that with the help of people who seek confidentiality," read a statement on the station's Web page.
While making his ruling, Torres said, "Identifying the source in this case doesn't mean you'd be required to reveal confidential sources in all cases." Instead, Torres says the court only forces journalists to reveal sources if there are unique, compelling reasons.
Torres said that this case had the compelling reasons necessary to force Taricani to reveal his source, since the source committed a criminal act by releasing the video.
Yet Taricani has refused to reveal his source and has been paying a fine of $1,000 a day since the ruling. He has paid $85,000 in fines so far, but Torres said it was clear the sanctions were not working.
Torres also said since Taricani was obviously not paying the fines himself, increasing the fines would not create the incentive necessary for Taricani to comply. For this reason, Torres said Taricani left him no other option than to order a criminal contempt hearing.
Torres urged Taricani to reconsider his position, reminding Taricani that if he complies with the court order before the criminal contempt hearing, he will avoid any jail time.
Torres asked Taricani to consider whether it was reasonable for the tape's source to expect Taricani to defy a court order and possibly go to jail and whether the source even deserved Taricani's protection.
"What obligation do you have to the source when their failure to disclose this information got you into this predicament?" Torres asked. He continued, "What kind of person would sit back and remain silent while you face criminal contempt?"
Torres advised Taricani to consider approaching the source to discuss the matter before the Nov. 18 hearing.
After the case, Taricani said he will seriously consider what Torres had said but that he had made a promise to his source and intends to keep it.
Taricani said he periodically meets with his source but did not know if he would go to see the source before his criminal contempt hearing. He said he intends to keep his promise but will "consider very carefully what the court has said today" and will consult with his family and counsel.
