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Pittsburgh Tribune-Review

Court OKs search

By The Associated Press
Sunday, March 12, 2006

LANCASTER -- Prosecutors may search a newspaper's hard drives to seek evidence in a grand jury investigation into whether reporters were improperly given access to a restricted law enforcement Web site, the Pennsylvania Supreme Court ruled.

The high court issued a one-page order Wednesday that effectively allows the Attorney General's Office to examine four Lancaster Newspapers Inc. computers.

The investigation involves allegations that Lancaster Coroner G. Gary Kirchner gave his password to reporters with the Lancaster Intelligencer Journal. No criminal charges have been filed against anyone in the case.

"Lancaster Newspapers is very disappointed our appeal was denied. We still believe this issue involves protections afforded newspapers under the Pennsylvania Shield Law and the federal Privacy Protection Act," Harold E. Miller Jr., president and chief executive of the company, said Friday.

Miller said further appeals were being considered.

The state Supreme Court upheld a decision by the lower court judge presiding over the investigative grand jury that the computer drives can be searched "without impacting the reporters' privilege and First Amendment privacy concerns" of the newspaper publisher.

Miller said prosecutors have pledged to limit their review of the hard drives to items related to the Lancaster County-Wide Communications' Computer Assisted Dispatch Web site.

"They're not just going on a fishing expedition, is the way I understand it," Miller said.

The Lancaster New Era, an afternoon newspaper also owned by Lancaster Newspapers, reported that prosecutors have said that special forensic equipment can scan only for the material in question. The New Era and Intelligencer Journal, the morning paper, maintain separate and independent news staffs.

Kirchner on Friday denied having given his password to reporters and said he had no comment on the Supreme Court ruling. Attorney General's Office spokesman Kevin Harley declined comment Friday.

Copyright 2006 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

http://www.pittsburghlive.com/x/tribune-review/trib/regional/s_432452.html
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