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TV Reporter May Be Jailed for Refusing to Disclose Source

By PAM BELLUCK

Published: November 18, 2004

PROVIDENCE, R.I., Nov. 18 - A television reporter here was convicted of criminal contempt today for refusing to disclose who leaked him a Federal Bureau of Investigation videotape concerning an investigation of government corruption in Providence.

Jim Taricani, a longtime investigative reporter for WJAR, the NBC affiliate in Providence, faces the possibility of up to six months in prison when he is sentenced on Dec. 9.

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Mr. Taricani would be one of only a handful of journalists to go to prison for refusing to identify the source of a news report. And his case is considered a bellwether because he is one of several reporters currently being investigated in connection with leaks of confidential information. The other cases involve, among others, a Central Intelligence Agency operative, Valerie Plame, and a government nuclear physicist, Wen Ho Lee.

Mr. Taricani's case is the first of those cases to go to trial on criminal contempt charges. In the aftermath of his conviction, Senator Christopher Dodd, Democrat of Connecticut, is hoping in the next few days to introduce a bill that will call for a national shield law, according to a spokesman for the senator, Marvin Fast. Shield laws, which are on the books in 31 states, protect journalists from having to disclose their confidential sources.

"When I became a reporter 30 years ago, I never imagined that I would be put on trial and face the prospect of going to jail simply for doing my job," Mr. Taricani said outside the courthouse after Judge Ernest C. Torres, chief judge in the federal district court in Providence, pronounced him guilty.

Mr. Taricani, a gray-haired 55-year-old who has won several awards, including four Emmy awards, added: "I wish all 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 source. I made a promise to my source, which I intend to keep."

Mr. Taricani, who had two heart attacks 18 years ago and received a heart transplant in 1996, said his major concern about the possibility of going to jail was whether his health could withstand imprisonment. But Judge Torres exhibited little sympathy for Mr. Taricani's condition.

The judge said that while he was aware that Mr. Taricani "requires special care," he said that he was also aware that Mr. Taricani "has continued to live a very active life" and had "traveled abroad recently." Judge Torres said that there were prison hospitals that had "successfully managed the needs of heart transplant patients."

Mr. Taricani was convicted in connection with a long-running federal investigation called Operation Plunderdome, which resulted in the conviction of at least nine city officials, including Mayor Vincent A. Cianci Jr., who was sentenced to 64 months for racketeering conspiracy and is currently in prison in Fort Dix, N.J.

Mr. Cianci's top aide, Frank E. Corrente, was also convicted on corruption and racketeering charges, in part for taking a $1,000 bribe from a businessman who was acting as an F.B.I. informant and was secretly videotaping his transaction with Mr. Corrente.

Someone gave Mr. Taricani a copy of that videotape, and his station broadcast it in February 2001, prompting Judge Torres to appoint a special prosecutor to investigate who leaked the tape to Mr. Taricani. After the prosecutor interviewed a number of people, all of whom denied they were the source, Judge Torres found Mr. Taricani in civil contempt in March. When that finding was upheld by an appeals court, Mr. Taricani was fined $1,000 for each day he continued to refuse to name his source.

Two weeks ago, after Mr. Taricani had paid $85,000, for which he was reimbursed by his employer, Judge Torres said he was changing the civil contempt case into a criminal contempt case.

Today, Judge Torres was stern and declarative. "The evidence," he said "is clear and overwhelming and undisputed."


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