I don't think this will save them

Matthew Hoy
By Matthew Hoy on May 15, 2007

Looney Tune Santa Barbara News-Press newspaper owner Wendy McCaw has issued a "clarification" on the story which ran last month not-so-subtly linking former editor Jerry Roberts to child porn.

Of course, the News-Press' utter stupidity when it comes to the Internet only allows you to see "On April 22, 2007," when you visit their Web site. Courtesy of Bob Giuliano, a former colleague of mine, comes the entire clarification which feels a bit like a non-denial denial.

On April 22, 2007, the News-Press published an article reporting that images of child pornography were found on the hard drive of a News-Press computer. We reported that 15,000 images of child and adult pornography were discovered after the departure of anumber of editors in June 2006, including Jerry Roberts, and that the News-Press computer in question had been used by him during his employment. The News-Press was concerned that child pornography had been found on a Newsroom computer. The article further reported that neither the News-Press nor the authorities had been able to determine when the images were put onto the computer or by whom.

Following publication of the article, we received a letter from Mr. Roberts' attorney expressing concern that the article could be read to accuse Mr. Roberts of being responsible for the downloading of child pornography images.

The April 22 article contained no such accusation and, to the contrary, the article eschewed knowledge of the identity of the perpetrator. Rather the article reported statements that persons in addition to Mr. Roberts may at various times have had access to the computer and that the News-Press would continue its efforts to determine the source of this child pornography.

Mr. Roberts' attorney's letter to the News-Press also complained that the April 22nd article had inaccurately reported a declaration of former News-Press systems director, Raul Gil. The article reported that Mr. Gil "signed a declaration in January stating that the computer drive used by Mr. Roberts may have been used by former employees years ago. ..." Mr. Gil's declaration dated January 29, 2007, stated that "by recollection, notes and memory (Mr. Gil) concluded that the desktop computer had been previously used by at least two other editors at the News-Press and possibly an ex-business editor. ..."

Mr. Roberts' attorney's letter also expressed concern over the article's report that "(w)hen Police asked to interview (Mr. Roberts) about the matter, Roberts, through his criminal defense attorney, refused."

A February 7, 2007 official report of the Santa Barbara Police Department states that they contacted Mr. Roberts to discuss the matter, his wife referred them to his attorney, who in turn referred SBPD to a criminal attorney representing Mr. Roberts. That attorney provided SBPD with a statement on Mr. Robert's behalf that his client had no knowledge concerning the pornography.

The News-Press is happy to publish Mr. Roberts' counsel's comments.

Yeah, and I'm happy to have hot needles stuck under my fingernails.

The current state of media law usually protects newspapers from libel suits if they promptly correct libelous statements -- and the original article wasn't a result of actual malice. I'm not sure that this is enough to cover the News-Press' proverbial backside. In fact, I'm pretty sure that this case would have to go a jury to decide -- should Roberts choose to take it to that point.

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