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August 10, 2007

Judge orders seized computer returned to News

By John K. Manna

A computer seized by police will be returned to the New Castle News.

Senior Judge Michael J. Wherry issued an order yesterday requiring the hard drive on The News computer to be duplicated.

The duplicated hard drive will be placed in the custody of News attorney James W. Manolis for safekeeping, and the computer will be returned to The News.

Wherry issued the order following a conference with District Attorney John Bongivengo, News publisher Max Thomson and Manolis.

The judge continued a hearing scheduled for today on Manolis’ motion to have the computer returned. The hearing may be rescheduled by either party, his order reads.

As a result, subpoenas that had been issued to five News employees to appear as witnesses at the hearing have been voided. Subpoenas were issued to Tim Kolodziej, director of new media; Mitch Olszak, government/issues editor; Lisa Micco, enterprise/special projects editor; Nancy Lowry, reporter; and Thomson.

Last week, Lawrence County common pleas court Judge J. Craig Cox issued a stay, preventing investigators from inspecting, retrieving and gathering any information from the computer and other recording devices taken July 25 by New Castle Police Sgt. Kevin Seelbaugh. The stay was issued in response to Manolis’ motion.

Seelbaugh was acting on a search warrant issued by District Judge Melissa A. Amodie in response to a complaint by James B. Morris, chief of Northwest Lawrence Regional Police.

Morris’ complaint alleged that News reporter Pat Litowitz had recorded telephone interviews with him and Mahoning Township Supervisor Francis “Poncho” Exposito without their consent and in so doing violated state law.

Morris had been told about the alleged recording by his wife, Debbie Wachter Morris, who also is a News reporter.

Manolis said yesterday, “We’re arguing that what Litowitz allegedly did is no crime. We preserved that argument for a later date.”

With Wherry’s order, Manolis said, The News has preserved all the issues that were raised in his motion.

Manolis said that if the commonwealth wants to inspect the hard drive, that will have to be determined by the court. He added that he will argue no crime has been committed and, therefore, the commonwealth doesn’t need the computer.

“If they do inspect it, then it should be limited.”

Regarding Wherry’s order, Bongivengo said, “This gives everybody enough time to review the relative case law.”

He said he needs to determine whether “I need the recording off the computer.” He said he will discuss it with police.

Bongivengo said he is confident that a search of the computer can be conducted. If a search is required, he said he wants to make sure everyone agrees to certain parameters, “that we get what we’re looking for and The News is satisfied.”

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