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    All the News Not Fit to Print


    Thursday, April 26, 2007
    By Nick Welsh (Contact)
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    RIP-n-READ: One of the more depressing aspects of the self-inflicted mutilation taking place at the News-Press is its withering effect on our ability to laugh. I hate to admit it, but it’s hard to crack wise when you have lawyers threatening to sue you to kingdom come. Greeting me on my computer Tuesday morning as I sat down to write the latest installment of this agonizing tale were not one, but two threatening letters from attorneys. One came from Barry Cappello, who represents News-Press owner Wendy McCaw. At least when Cappello bares his fangs, he likes to pretend he’s smiling. The same cannot be said for Martin Singer, the L.A.-based attorney representing McCaw’s private security consultant, Nick (“I Spy”) Montano. Both suggested in their own ways that even the questions I had been asking their clients were false and defamatory. Reporters aren’t surprised when governments try to intimidate the media into a quiescent somnolence; that’s what governments do. But when a newspaper owner threatens to sue anyone who looks at her sideways, well, that’s beyond bizarre. It’s downright scary.

    Paul Wellman

    Jerry roberts (left) and attorney Dennis Merenbach

    My concerns pale in comparison to those of former News-Press editor Jerry Roberts, who, since he quit on July 6 over ethical differences with McCaw, has been engaged in a protracted legal and political battle with his former employer. Typically, Roberts exudes a self-deprecating cockiness that allows him to make light of such problems as losing his job, having his spleen removed, and his ongoing battle with cancer. He could even milk a few yuks about being sued by McCaw for $25 million.

    But as of last Sunday, Roberts officially lost his sense of humor. Maybe it will show up on a milk carton someday soon. That’s because on Sunday, the News-Press published a front-page article linking Roberts to a kiddie porn investigation. “News-Press seeks exam of computer used by ex-editor Roberts containing child porn,” the headline read. The subhead underneath stated, “Roberts denies involvement.” While this gives the impression of being balanced, it has the ring of “When did you stop beating your wife?”

    Paul Wellman

    Barry Cappello

    The article’s first paragraph explained how Santa Barbara police had gleaned no fewer than 15,000 pornographic images — of both adults and children — from the hard drive of a News-Press computer assigned to Roberts. What you don’t find out until later in the story is the computer was used by others as well. But even then, that critical point is made only tepidly. Nor does the story ever make clear that the computer was used by three editors who preceded Roberts. The whole reason city police have dropped the investigation is because the cops concluded it is technically impossible to determine who accessed those sick images and when. Part of the problem, according to the police, is none of the 15,000 porn files were accompanied by time signatures indicating when they were obtained. Given the machine had multiple users  (high-ranking former editors), was not password-protected, and was frequently in areas where anyone could get at it, the cops decided there was no way to nail the guilty party.

    The police also said it’s possible the images had been downloaded before the News-Press ever bought the machine, though Cappello disputes this. (In subsequent conversations, Cappello also suggested the forensic investigators bungled the job by using PC software on Roberts’s old Mac. This suggestion unofficially rankles the cops, who officially note the chief investigator is hardly some rube. In fact, they pointed out, he teaches high-tech forensics classes throughout the state for the Department of Justice.)

    As a general rule, most people have strong feelings about child porn consumers, none of them printable in a family-oriented paper. And where certain crimes are concerned, the public is quick to presume guilt until innocence is proven beyond a reasonable doubt. Kiddie porn — which is against state and federal law to possess — is one such crime. Given these not-so-subliminal realities, one might have thought the News-Press would have assembled an iron-clad case before casting even the hint of suspicion on anyone remotely involved. And given the bad blood between Roberts and McCaw, one might have expected that paper to take special pains to prove the owner’s personal animus did not corrupt the daily paper’s news coverage. I’d like to think that was the case here, but if I said what I really thought, I’d spend what’s left of my career in depositions.

    To give the article its due, it was a very cleverly executed piece. That’s why I was so shocked it had no byline identifying who wrote it. In the world of reporting — where I’ve lumbered the past 30 years — that’s a very telling sign. Naturally, I called Scott Steepleton, the News-Press associate editor, to find out why. I emailed him, too. I am still waiting for his reply.

    For his part, Cappello wouldn’t comment on any aspect of how the article came to be. Smart man. The other unorthodox detail was how this unnamed writer never called Roberts for his statement. Cappello — violating his vow not to comment on such matters — suggested reporters were making a mountain out of a molehill. After all, the article included the fact that Roberts denied the charge, that he took a lie detector test and passed it with flying colors, and that some other employees of the News-Press may have used the computer before Roberts. Cappello went so far as to state the article in its totality was “very exculpatory,” lawyer-speak for presenting Roberts’s side of the story. Like I say, it was a clever piece of work.

    For the record, Roberts has repeatedly denied downloading the offending material to the company’s computer and has vowed to sue for “massive damages” unless the News-Press prints an immediate front-page retraction. Smarter people than I have noted the article was based on documents filed by the News-Press on April 10 asking the court to order the Santa Barbara police department to return McCaw’s property. (The hard drives were given to the police after the Bay Area techno-geeks, hired by McCaw to conduct a brain-suck on the computer Roberts used, discovered the pornographic images.)

    That’s important because reporters are protected from libel actions when they quote from court documents. Journalists have long known tricky operators will make outlandish allegations in court documents, hoping some unsuspecting cub reporter will come along and write it up. Certainly, there are those who suspect that was the case with Sunday’s article, only it was McCaw’s unnamed reporter writing about McCaw’s legal action. For the record, Cappello denied this. “You know my firm would not nor has it ever engaged itself in that manner,” he wrote. Then he warned against suggesting, implying, or innuendizing anything to the contrary. Just between you and me, I’d be afraid not to believe him.

    The other clever detail about Sunday’s article was what was not included. Specifically, the names of the three other editors who had been given the computer in question before Roberts was even hired. I know their names, but I won’t list them. But then I wouldn’t have mentioned Roberts either, since no conclusive evidence has been presented to suggest he was implicated. The unnamed News-Press reporter, however, did not share such qualms. Roberts is convinced this proves the News-Press was out to smear him. I can’t say I agree with him because it might get me sued.

    Roberts explained he’s also convinced the News-Press is improperly using its news pages to destroy his credibility because of what he says former News-Press computer guru Raul Gil told him. Naturally, Gil won’t speak to me for fear of becoming embroiled in litigation he can’t afford. Roberts claims, however, that when Gil was asked to sign a sworn statement about how the computer had been examined, Gil had to argue with News-Press security consultant Nick Montano to include the fact that other editors had used the same computer. Gil also said, according to Roberts, that Montano tried to talk him out of that claim.

    When I phoned and emailed Montano for a response, I got a letter back from attorney Marty Singer, a famous legal pit bull to the stars, which denied that Gil ever told Montano any such thing until January 2007. He also disputed that Montano and Gil ever argued about it. To suggest otherwise, Singer wrote, would be false and defamatory. Ultimately Gil did include the information in his statement. He resigned almost immediately afterward, thus concluding a 23-year career that began when Gil started working for the News-Press as a 14-year-old paperboy.

    The kiddie porn investigation is far from over, however. The FBI is on the case, though what’s being done, I don’t know. And maybe the News-Press will prevail in court next week and be given its disks back, thus allowing McCaw to pursue her own investigation. Maybe somebody will prove something definitive one way or another about how the porn got on the computer. But in the meantime, this has been a grim saga for Santa Barbara and an even grimmer one for journalism. And as much as I’d like to find something in all this to laugh about, I don’t really know how anymore. And it’s not just because I might get sued.

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    Comments

    Discussion Guidelines

    Thanks Nick... a masterpiece of dancing you have done, so as not to get yourself and the Indy sued. The only lasting impression I've gotten: the News-Press has child pornography on one of its computers. hmmm... News-Press, child pornography, News-Press, child pornography, words that go together in this case.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    pardallchewinggumspot (anonymous profile)
    April 26, 2007 at 4:13 p.m. (Suggest removal)

    Yes, indeed. As Mr. Cappello aptly put it, a crime was committed and they are going to get to the bottom of it. Perhaps that is why they are attempting to yank the only pieces of evidence from the hands of the authorities.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    username (anonymous profile)
    April 27, 2007 at 11:07 a.m. (Suggest removal)

    I don't know...I still am amused by the continuing fiascos...although I pity those involved and affected. It is an absolute circus. Ooooo....one thing that bugs me...why can't newspress.com content be free as it is at the nation's distinguished paper's websites...oh well. Usually super trivial content, so I suppose it doesn't really matter anyway. CHEERS

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    lovechop (anonymous profile)
    April 27, 2007 at 11:37 a.m. (Suggest removal)

    I am deeply offended that Trixie the Angry Poodle would defame and libel her sorority of pit bull dogs with the analogy here about "legal pit bull to the stars".

    I demand a retraction !!

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    David_Pritchett (David Pritchett)
    April 27, 2007 at 1:28 p.m. (Suggest removal)

    Nick and Indie congrats on your brilliant and courageous work this week! That cover is the greatest!

    Craig Smith's blog proposes a splendid idea about how to protest effectively in silence about The Wendy's actions, using the Indie cover. To his idea (below) I would add that people could also tape the cover to the windows of their vehicles. Drive and protest at the same time -- and support of the Indy too.

    Here's what Craig writes:
    "this week's Independent has one of the most talked about covers in a long time. I was thinking what better way for the community to show its displeasure with McCaw's actions than displaying the cover in their place of work or business. Instead of discarding this week's Indy when you're done with it, display the cover in the window of your retail business or prop it up on the reception desk where the public can see it when they walk in the door. After all, how can someone threaten to enjoin you for displaying a weekly newspaper? Let's see Barry Cappello try to cease and desist that!

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    flushmacaca (anonymous profile)
    April 27, 2007 at 8:55 p.m. (Suggest removal)

    username, you can blink reality all you want, but that article was clearly and blatantly a smear job, bereft of ethics. To prove it to yourself, ask what the SBNP would have done if the computer in question were inherited by Nipper, Travis, or Steeplechase. Do you really think it would have been front page news that "their" computer was being quarantined? Get real.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    JoeHill (anonymous profile)
    April 27, 2007 at 10:37 p.m. (Suggest removal)

    Nick Welsh is one of the finest editorial writers in America. Has the Independant thought about publishing daily? Currently one Thursday issue of the Indy has more information than a month's worth of N.P. canned wire service leftovers.

    Readers say: Thumbs Up: 0 of 1 • Thumbs Down: 1 of 1

    Herschel_Greenspan (anonymous profile)
    April 28, 2007 at 11:01 a.m. (Suggest removal)

    Interesting posts, with some noteworthy points and suggestions. One cannot help but speculate as to the primary motivations the SBNP has for having the disk returned to them, rather than leaving it in the hands of competent analytical and investigative authorities. Competency, in fact, seems to be the primary issue with the News Press in general, a paper now owned by an individual who prizes - as do many of the accidentally wealthy with their abnormally bloated egos - special interests and the treatments that they most favor rather than the accurate collection, disemmination and in the editorial sense, interpretation, of noteworthy information of interest to their subscribers. The News Press has completely lost its way under Ms. McCaw's reign (of terror). Long live the county's best source of interesting, well crafted and compellingly presented news and information, the Independent. Read it and post it (this week's cover) everywhere.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    doctorb (anonymous profile)
    April 29, 2007 at 12:53 p.m. (Suggest removal)

    The stated purpose of the lawsuit was to get the drive returned, so they they could conduct their own investigation.

    As outlined by Barney, the actual purpose was to protection from a libel lawsuit. If the press cites court documents, then supposedly it is protected from libel.

    If the NP is protected, then I'd say that if that is the case, then the libel laws need a bit of modification. You should not be protected from libel, if your own court document are the ones you are citing.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    snarky (anonymous profile)
    April 29, 2007 at 8:19 p.m. (Suggest removal)

    Are there definite plans for the Indie to go daily? You guys should do it. Who needs the NP anyway?

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    Munichg (anonymous profile)
    April 30, 2007 at 8:45 a.m. (Suggest removal)

    Doctorb got my drift...JoeHill did not.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    username (anonymous profile)
    April 30, 2007 at 9:03 a.m. (Suggest removal)

    I have a question for those out there in Santa Barbara. Does the Newspress run the santabarbarasblog as a way to gauge the feelings of the community? Any comment would be helpful.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    Herschel_Greenspan (anonymous profile)
    April 30, 2007 at 12:22 p.m. (Suggest removal)

    Judge Brown's tentative ruling is posted on the Court's website. Ampersand's petition denied. Score one for the little guy, and let's hope for more. Tomorrow is the hearing, and the rally outside the courtroom, as proposed by Craig Smith's Blog.

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    username (anonymous profile)
    May 1, 2007 at 11:04 a.m. (Suggest removal)

    Here is a notice that is going around and around.
    I think Craig Smith got it that way and did not really "propose" it.

    SHAME ON WENDY DEMONSTRATION

    A demonstration of community outrage will be held:
    Wednesday, May 2, 2007, 8:45 to 9:15 a.m.
    at Santa Barbara County Courthouse Arch on Anacapa Street

    Contact email
    operationcoldshoulder@gmail.com

    Supporters of Jerry Roberts and everyone concerned about journalistic integrity are encouraged to gather during the half-hour prior to the court hearing (Superior Court room no. 4) at which Ampersand (the News-Press corporate owner) will ask the court for return of a computer hard disk containing porno images that could have originated by anyone. Law enforcement officials have stated that no case can be pursued because the chain of ownership for the computer hard disk is unknown.

    Through a front-page article on Sunday, April 22, the Santa Barbara News-Press insinuated that illegal child pornography found on a computer once used by Jerry Roberts somehow involved him, even though the News-Press and its ownership and management knew, in statements last January if not earlier, that others in the building had full access to the same computer for years and that the computer also was purchased used from unknown sources.

    Many people believe that this so-called news article, with no author credited, was published by the News-Press to ruin Roberts’ reputation as part of a continuing lawsuit where the News-Press is suing him for $25 million. The News-Press demand for the computer hard disk, through a court action, appears simply to be a ruse and an insulting distraction because such images are illegal contraband and law enforcement authorities cannot allow them to be possessed by anyone. The FBI already is conducting an investigation, and the News-Press seems to think it would be a better detective than the Santa Barbara City Police and the Federal Bureau of Investigation.

    People who wish to show their support for Roberts and the principled journalists, and who wish to condemn these latest News-Press insults, are invited to demonstrate for a half-hour Wednesday morning, starting at 0845 outside the Courthouse on Anacapa St. Show them, yet again, that the greater Santa Barbara community will not be intimidated and will Not Back Down to threats and innuendo by Ampersand and the News-Press.

    Signs are encouraged to display, as easy as bringing and holding up the cover of the most recent issue of Santa Barbara Independent .

    Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0

    FirstDistrictStreetfighter (anonymous profile)
    May 1, 2007 at 11:24 a.m. (Suggest removal)

    I've been a long time subscriber to SBNP, and held on through all of the nonsense this past year. I'd grown sick of the ads the NP was placing on their own behalf, and that any trace of balance to the Letters to the Editor sec had vanished. Then came articles by "certain" writers that were scathing, attacking our public officials, and anyone else who disagreed with them, and I thought many times of canceling my subscription. But, when I read the article about the computer, implicating a former employee and fellow citizen of SB, that was IT! I wrote as much to the circulation department, and my subscription ceased promptly. What came as a surprise was the letter I received a couple of days later. It is from Arthur von Wiesenberger. I was appalled at it's contents, and thought I'd throw it to the wolves to see what ya'll think...Here 'tis in it's entirety... (sorry in advance for the long post).

    Dear:
    I am sorry to hear that you have cancelled your subscription to the SBNP. It was especially distressing to read that it was Sunday's story about child porn found on a News-Press computer hard drive that influenced your decision. The article is not libelous; it is based on facts as presented in police reports and court documents. It is unfortunate that it concerned a former employee of the News-Press who used the computer containing the hard drive.

    A crime has been committed against the children depicted in the pornography, and the evidence is on our equipment. The victims are the abused and exploited children, as well as the News-Press, upon whose equipment this material was found. The News-Press did not publish a story on these matters when it first learned of the pornography approximately nine months ago. However, the News-Press is now in a legal dispute with the city over our rights to the hard drive containing the pornography. This legal dispute has made the issue public, and we are obligated by the public trust to report on such matters.

    Even if you won't reconsider subscribing, you should follow the story because the full story has yet to be aired. Thousands of innocent children are victimized by this pornography, and no employer should allow their equipment to be engaged in this. The News-Press intends to be vigilant in keeping this story in front of the public, and encouraging local authorities to investigate and prosecute these crimes.
    Sincerely,
    Authur von Weisenberger

    Note from me: The article showed no sympathy toward those exploited on the computer, it merely pointed a finger at a private citizen of SB, who could be ME or somebody in my family, (or you) and smeared their name. Wish TI was daily.

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    crissyslucky7 (anonymous profile)
    May 2, 2007 at 1:44 a.m. (Suggest removal)

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