In DeNaples case, why is media taking the stand?

THE STATE SUPREME Court overreacted when it ordered a hearing to determine whether the secrecy of the grand jury investigating Louis DeNaples was compromised.

On Monday, 15 journalists representing an array of organizations are scheduled to defend their reporting on the indictment of DeNaples on perjury charges. The hearing is being held at the behest of DeNaples’ powerful legal team.

It’s important to note that no one in government charged with protecting the secrecy of grand jury investigations has raised concerns about a breach.

Quite frankly, all evidence indicates the news media are in the hot seat simply for doing their jobs.

Media lawyers will argue that news accounts violated no laws, the journalists have the cloak of the state Shield Law to protect sources and reporters did not reveal any grand jury secrets. (The Times Leader was not among those subpoenaed.)

DeNaples, a Dunmore businessman, is charged with lying to Gaming Control Board investigators about his relationship with reputed mobsters and two others to secure a $50 million slot-machine license to open Mount Airy Casino Resort in the Poconos. Yet, it’s the news media that will be on trial Monday.

Newspaper lawyers will argue that reports were based on legal, time-tested newsgathering techniques such as these: journalists’ observations of courthouse activity, public court records and interviews with witnesses and lawyers not bound by secrecy oaths.

Some call it a fishing expedition. Others call it a witch hunt. We call it just plain wrong, and here’s why:

It’s DeNaples – not the news media – who’s accused of perjury, enabling him to secure a highly coveted casino license.

It’s DeNaples – not the news media – who’s accused of associating with criminal elements, a violation that would exclude him from qualifying for the license.

Yet it’s the news media’s practitioners – not DeNaples – who will be on the witness stand Monday defending their right to cover the interactions of the courts, big business and government bureaucracy.

The matter is nothing more than a needless diversion from the heart of the issue: Why was DeNaples given a casino license in the first place?

It’s time for DeNaples to face charges instead of putting the press and judicial system on trial.