Appeals court rules in favor of Express-News reporting

By ELIZABETH ALLEN
SAN ANTONIO EXPRESS-NEWS

SAN ANTONIO — A federal appeals court has ruled in favor of the San Antonio Express-News, rejecting arguments that the paper violated a lawyer’s privacy when it reported the unusual revenge he exacted on his wife’s lovers.

The ruling from the 5th Circuit Court of Appeals affirmed a federal judge’s decision to dismiss a lawsuit filed on behalf of the bankrupt estate of lawyer Ted H. Roberts and his wife, Mary S. Roberts.

“From the start of what has become a long struggle, we have stood firm in our belief that there was undeniable news value in this story and the reporting that brought it to light, ” said Brett Thacker, managing editor of the Express-News.

The suit attacked a 2004 article revealing Mary Roberts affairs and how Ted Roberts then confronted the men, threatening to expose their extramarital liaisons. Four of the men paid about $150,000 total as part of confidential legal settlements.

The couple were charged with theft by coercion. The suit contends the article devastated the couple and drove them to bankruptcy. It alleged Hearst Communications Inc. and Hearst Newspapers LP, the parent company of the Express-News, invaded their privacy and intentionally inflicted emotional distress.

The appeals court found that the story’s news value eclipsed privacy concerns and therefore it would not take up the question of how the newspaper obtained the documents.

Two months ago, a jury convicted Ted Roberts of three counts of theft and acquitted him on two others. He is scheduled for sentencing this month. His wife faces similar charges.

Judges dismisses libel suit against Morning Times

By CLAY REDDICK
LAREDO MORNING TIMES

LAREDO — A state judge agreed to dismiss a libel suit against the Laredo Morning Times filed by police Chief Agustin Dovalina III and former City Manager Larry Dovalina.

The two Dovalinas and Laredo Community College President Ramon Dovalina sued the newspaper in 2004 over comments made by a Laredoan at a public meeting. Ramon Dovalina later dropped out of the case.

The story quoted taxpayer Patricio Canavati, who complained about city services during the citizens to be heard part of a city council meeting.

Times reporter Tricia Cortez and Canavati also were named as a defendants in the suit. Visiting Judge Gus Strauss granted summary judgment for the newspaper and Cortez. The case against Canavati, who chose to represent himself, is still pending.

Attorney Tom Coghian, who represented the Morning Times and Cortez, said Strauss defended the right of a citizen to criticize a public official when he announced his ruling. Plaintiffs attorney Julio A. Garcia said later that he intended to appeal the decision and declined further comment.

Donna ISD sues state AG

From the Brownsville Herald

BROWNSVILLE — The Donna school district has filed suit against the Texas attorney general’s office over a recent ruling that the district release a report from the Texas Education Agency addressing claims of financial malfeasance.

District attorney Jacques Trevino said the report is only preliminary and therefore is not an open record.

The final report, which followed a TEA investigation last summer, was set to be released last month, said Rita Chase, TEA director of financial audits.

But Rachel Martinez, a Donna resident who filed the open records request that led to the attorney general ’s ruling, said she believes the preliminary report contains information that was removed from the original document issued to the school district in January.

Weekly sued over column

SEAGRAVES — Randy Carlisle and Loudean Carlisle on April 25 filed a lawsuit in 106th District Court against the Tri County Tribune Inc., claiming that the corporation ’s newspaper published an opinion column that defamed them on March 8.

In the petition, the couple claims that a Penelope Summers opinion, gossip and satire column made “defamatory statements … concerning the plaintiffs and the plaintiff’s business.”

The Tri County Tribune reviewed the column and reported that no person or business is named in the column and “the singular Realtor in question was not identified.”

The petition states that the Tri County Tribune made statements that questioned the plaintiff’s business practices.

While not identifying the Realtor discussed in the column, Tri County Tribune Inc. said it verified the writer ’s claims by talking with the writer’s sources and learning of the existence of supporting documents, such contracts and other signed documents.

The corporation retained attorney Jack Stoffregen of Lubbock to handle the case.

San Angelo trustee resigns

SAN ANGELO — San Angelo schools trustee Terry Bader said he will resign his position on the school board because of what has become a poor working relationship between him and the rest of the board, the San Angelo Standard Times reported.

Bader’s decision to step down is, in part, because of the district editing a portion of a March 27 board meeting for broadcast on local cable access television without labeling the show as edited.

Freedom of Information Foundation of Texas board member Charles Daughtry said the editing, while not illegal, could violate the spirit of the Texas Open Meetings Act and the district should have notified viewers that it was edited.

Socorro ISD lets parents air gripes in closed session

EL PASO — The Socorro Independent School District board of trustees violated the Texas Open Meetings Act when it heard public input from a group of parents in executive session, open government experts told the El Paso Times.

Officials at the Freedom of Information Foundation of Texas, citing a January opinion from the Texas attorney general ’s office, said the board was wrong to interrupt the public input part of its April 17 meeting to discuss a personnel item with a group of parents from Sanchez Middle School behind closed doors.

“An executive session is for the government body and the government body only, “said Katherine Garner, FOIFT executive director.

“You can’t pick and choose who goes in there. They should have known that.”

Larry Baskind, the lawyer for the Socorro school district, acknowledged that the meetings were in the gray area of the open-meetings act, but he said that he felt comfortable with the advice he gave the school board on April 17.