Hearing continued on release of 'John Does' names

UNIONTOWN - Fayette County Common Pleas Judge John F. Wagner Jr. on Friday continued to bar a Greensburg-based newspaper from releasing the names of two men - called the "John Does" - who appear in the listing of alleged clients who used the escort service formerly operated by Susanne Teslovich.

Additionally, President Judge William J. Franks will ask the Pennsylvania Supreme Court to appoint a visiting judge to preside over the hearing after Wagner recused himself from the proceedings and other members of the bench would then have to preside over a matter involving a colleague.

Wagner's gag order was issued earlier in the week while he was presiding over the criminal trial of Teslovich. Wagner's order barred the Tribune-Review Publishing Company and its reporter, Matthew Junker, from revealing the names of the men in print or on the newspaper's Web site. His order came on Wednesday when Junker, covering the prostitution trial of Teslovich, entered an area of Wagner's courtroom that is off-limits and went through court documents that contained the escort service call list and viewed the names that were not blacked out.

Teslovich was convicted Thursday of five counts of prostitution; two are felony counts.

When the call list from Teslovich's escort service was released in July 2000, two men, who have become known as John Doe No. 1 and John Doe No. 2 asked Judge Gerald R. Solomon to remove their names from case doc-

uments. He did so - in one case without holding a hearing - and the Tribune-Review has appealed the decision to the state Superior Court to overturn Solomon's decision.

Following a Superior Court-ordered hearing this summer, Solomon upheld his original decision to shield the clients' names, stating that publication would cause unnecessary pain to the two men, both identified as licensed professionals.

The Tribune-Review has also appealed that ruling and arguments by both parties were delivered before the state Superior Court on Wednesday. No decision was made by the bench.

Appearing Friday before Wagner was the newspaper's attorney, Ronald Barber of Strassberger, McKenna, Gutnick & Potter, Pittsburgh, and attorneys for the John Does, Samuel Davis and his associate, Jack Purcell.

Purcell told Wagner that the names should not be unveiled because the matter is on appeal to the state Superior Court and it is understood that the names were unlawfully obtained.

Wagner quickly cut short Purcell's arguments, stating that he is not concerned about the publication of identities but rather, "a reporter disrespected the court" and looked at exhibits "when he was told by the court reporter he was not permitted." Wagner said that the court reporter, Pandy Forrest, spoke with him within minutes of the incident.

Barber asked that Wagner recuse himself from the hearing because Forrest is Wagner's court reporter and has disclosed information to him.

The newspaper has stated that Junker approached Forrest with questions and she waived him toward her desk, in the well of the courtroom. Junker asked a question about testimony then asked to see documents placed on Forrest's desk by Teslovich's counsel, Jack Connor, according to the newspaper.

The newspaper said that Connor looked on as Junker leafed through Teslovich's call list and saw the Does' names. Forrest then asked Junker to stop looking at the defense exhibit until she spoke with Wagner.

Also attending the hearing Friday were District Attorney Nancy Vernon, Assistant District Attorney Mark Brooks and Connor, who joined Davis' motion on Wednesday to ensure a mistrial would not be declared in Teslovich's case.

When Barber insinuated that Connor was also in the courtroom with Junker during the noon recess, Connor began to protest but Wagner cut him short, stating that Forrest reported that Connor was not in the courtroom at that time.

Wagner said he is recusing himself from further proceedings because he would be asked to make a creditability determination between a court reporter he has worked with for 13 years and also a factual determination between two individuals. Wagner noted that both Forrest and Junker have relayed their version of events to their superiors.

"I'm not certain my impartiality can remain where I want. Emotionally, I am extremely upset with what was reported," said Wagner.

Following a conference with Franks, Wagner said the president judge will request an out-of-county judge be appointed to preside over the hearing.

After events unraveled on Wednesday, the jury was dismissed at 1:30 p.m. and attorneys for all parties met in private and in public with Wagner and Solomon. Wagner, before the dismissal, lectured the numerous media representatives and ordered television and newspaper cameras to stand away from the courtroom entrance.

Wagner said it is not an issue of whether the identities of the men should be revealed but whether a person acted in contempt.

"The issue is simply whether or not an action similar to contempt took place in this courtroom during the trial of a criminal case when a reporter picked up evidence after being allegedly told not to pick up the evidence," stated Wagner. Wagner said his order does not prohibit the newspaper from performing its investigative functions.

Barber, however, argued that the Tribune-Review has known the identities of the Does for over a year and the action against the media is intolerable and must be discharged.

Wagner said that Solomon's order from July did not prevent the newspaper from publishing the identities but Barber argued that media outlets across the state, in particular western Pennsylvania, know the identities of the men but fear the media will be subjected to libel lawsuits. "This fear prevents the media from publishing what everyone knows," stated Barber.

Barber continued, noting that the newspaper had the information for hours but showed restraint knowing that a jury was impaneled. "Now, a jury is not in the box," said Barber. "The calculus is so much different."

Wagner said a decision by the Superior Court will determine if the gag order is lifted.

Barber commented after the proceedings, stating that the paper is put between a rock and a hard place and can publish information known and confirmed but not related to the exhibit the Tribune-Review reporter was shown on Wednesday.

During the hearing, Wagner said it is his opinion that residents of Fayette County do not care about the identities of the John Does. "This county sorely needs positive news," he concluded. "We don't need this kind of publicity...."