The Lancaster County coroner was charged today with breaching the security of the county's 911 system by giving Intelligencer Journal newspaper reporters illegal access to confidential police information.

Dr. G. Gary Kirchner, 73, of 610 Millcross Road, was charged by the state Attorney General's Public Corruption Unit with unlawful use of a computer and criminal conspiracy with the reporters — the result of a lengthy statewide investigative grand jury.

"Dr. Kirchner breached the security of the 911 website and violated the public trust in order to help a small group of reporters gain an edge over competing media outlets," state Attorney General Tom Corbett said in announcing the charges this morning at a press conference in Lancaster.

Kirchner said he had not been notified of the charges by the Attorney General's Office as of late this morning.

"I've heard absolutely nothing from the attorney general," he said. "I've heard nothing from anybody except the media."

George C. Werner, attorney for Lancaster Newspapers Inc., said the fact that only Kirchner was charged confirmed the company's stance that it had done nothing wrong.

"Throughout this process, we have never believed there was any criminal conduct on the part of Lancaster Newspapers or any of the Intell reporters," he said.

In a prepared statement, Corbett said "the grand jury found that employees of the Lancaster Intelligencer Journal violated the security of the 911 Web site simply to gain a tactical advantage over a competing newspaper."

Outlining the case today, Corbett named five Intelligencer Journal reporters who repeatedly used Kirchner's password to gain access to the secure 911 Web site for police information about criminal cases.

Corbett and other prosecutors at the press conference at the city police station described the reporters as "uncharged co-conspirators" who were granted immunity from prosecution after they agreed to testify before the grand jury.

Prosecutors said Kirchner was  expected to surrender this afternoon before District Court Judge John Winters.

If convicted of the two charges, both felonies, Kirchner could face a possible prison sentence. However, others recently charged with similar offenses were given probation in Lancaster County Court.

Kirchner referred questions this morning to his attorney, Emmanuel H. Dimitriou of Reading. Dimitriou was in court and unavailable for comment, his law office said.

The alleged security breach allegedly involving Kirchner came to prosecutors' attention in August 2005, when articles in the Intelligencer Journal included detailed, confidential information about a suspicious death.

The first article, attributed the county's Web site as its source, describing specific circumstances surrounding the discovery of a woman's dead body.

A follow-up story by Intell police reporter Brett Lovelace contained details about the woman's history prior to her death, attributing the information to Kirchner, but including facts which had originated from a city detective who never spoke with the reporter.

City police and 911 officials discovered the restricted Web site had been accessed from a newspaper computer between 3 and 11 p.m., which are the Intell staff members' designated working hours, using Kirchner's password.

Lancaster County District Attorney Donald Totaro asked the state Attorney General's Office to take over the case because of a possible conflict of interest.

Corbett said his investigators found 57 instances where computers from Lancaster Newspapers had accessed the secure section of the county's 911 Web site using Kirchner's password and user name, all during the Intelligencer Journal's late-afternoon and evening working hours.

After the county terminated Kirchner's access to the 911 Web site, investigators found there were 33 unsuccessful attempts from the newspaper to gain access.

An e-mail intended for Kirchner's home computer was instead sent to the Lancaster County-Wide Communications Center, Corbett noted.

When Intell reporters could not get into the Web site, they asked Kirchner about his password.

Kirchner, in a reply to Lovelace, acknowledged that his password no longer worked to gain access to the Web site, apparently with the explanation that the county apparently "wished to track and restrict access."

As Lovelace tried to persuade Kirchner to restore their access, according to the grand jury report, he reminded the coroner of a fellow newspaper reporter's "concessions" on a civil lawsuit story adding that he hoped the coroner "would return the favor."

Corbett said several reporters from the Intell were subpoenaed to testify before the grand jury about the illegal access to the Web site including Lovelace, P.J. Reilly, Paula Holzman, Carrie Caldwell Cassidy and Madelyn Pennino.

All five reporters asserted their Fifth Amendment right to refuse to provide evidence which would tend to incriminate them.

They later did testify, Corbett noted, after each was granted immunity from prosecution for crimes that could arise from their testimony.

The grand jury concluded Lovelace was not credible when he denied knowing that he was not authorized to access secure sections of the Web site, Corbett noted.

Additionally, the grand jury determined Lovelace used a different computer to access the secure Web site, something he denied under oath.

Former Intelligencer Journal reporter Justin Quinn also testified before the grand jury that he and the five named reporters all covered police news at various times, according to the report.

According to the grand jury report, Quinn said Lovelace admitted to him using the Web site he wasn't suppose to access, and that he had given the password to another reporter directing "her not to attribute anything to it, not to use it in a story and not comment about it to anyone."

When the state Attorney General's Office subpoenaed several newspaper computers one year ago, in February 2006, as part of its investigation, it ignited a flurry of legal challenges by Lancaster Newspapers Inc., claiming a First Amendment right to protect its sources.

Ultimately, a judge ruled that the investigators could take the named reporters' computer hard drives and search them only for relevant information regarding the case involving the coroner's password.

"Contrary to the assertions of Lancaster Newspapers in repeated legal challenges that the grand jury was seeking newspaper source information, it is clear that the evidence sought was solely forensic in nature," Corbett said in the prepared statement, "establishing the direct illegal use of computers at Lancaster Newspapers by its reporters to access known restricted Web sites."

The Lancaster County 911 secure Web site records communications with police officers and dispatchers, intended only for use by police officers, fire and emergency service personnel and the coroner.

Those secure sections, which are protected by special passwords,  include confidential information about emergency calls only those who committed the crimes would know and facts police need for investigation.

Warnings are clearly posted — twice — before those with a password can gain access to the secured site, advising any unauthorized use may result in criminal prosecution.

Corbett referred to a 19-page report of the investigative grand jury's findings and conclusions in the case, in which various e-mails between Kirchner and several Intell reporters were exchanged, but were also sent elsewhere.

One Intell e-mail was intended to be sent to Kirchner's home computer, but was sent to the Lancaster County-Wide Communications' e-mail system instead, the grand jury reported.

In addition, an e-mail sent to Dr. Wayne Ross, the county's forensic pathologist, had attached to it a string of prior, undeleted e-mails between the Intell reporters and Kirchner.

Corbett said it was he who "made the decision that the greater of the two problems was Kirchner," resulting in the charges against the coroner and granting immunity to the newspaper employees.

As for the reporters, Corbett said "those who have been called to testify before the grand jury have made certain statements. If they were to give other testimony at further time, they certainly would have problems."

The grand jury, according to its report, concluded that Intell staffer Lovelace was "not credible" in one of his explanations to the jury.

Asked about potential perjury charges against Lovelace, Corbett responded today: "We're still looking at that."

The grand jury and Corbett named the Intell reporters who tried to gain access to the Web site between 2004 and 2005 as Lovelace, Holzman and Cassidy.

Corbett cited a September 2005 e-mail exchange between Kirchner, Lovelace and another reporter, Reilly, discussing access to the secured Web site. Pennino was a fifth reporter given access to the password, according to the report.

The Intelligencer Journal is owned by Lancaster Newspapers Inc., which is also the parent company of the Lancaster New Era and the Sunday News. Each newspaper has a separate and independent staff.

Werner, the newspaper attorney, maintained that the Web site information used by the Intell was not confidential because Kirchner would have freely shared the same information with the media over the phone or in person.

"We do not believe that at any time any confidential information was accessed by Intell reporters," Werner said.

"To the contrary, any information which might have been obtained was information which Dr. Kirchner would have readily provided to the reporters. Dr. Kirchner has throughout his tenure been very open and forthcoming with information to the press," Werner continued.

"At all times, the Intell reporters believed that Dr. Kirchner, as the coroner, was authorized to grant access to his portion of the Web site," the attorney said.

Werner added that the Web site information used by the Intell caused no harm.

"We do not believe that any investigation was compromised. That may be a concern (of the Attorney General's Office), but that's not what happened," he said.

John M. Buckwalter, chairman of the board of Lancaster Newspapers Inc., referred questions on the matter to Werner.

Members of local law enforcement have explained it is important the site remain secure for two basic reasons.

First, people need to know that what they tell a 911 dispatcher, especially in a crisis situation, is confidential and not accessible to everyone with a computer.

Second, police officers discuss specific details that only the person who committed the crime would know.

If the names of witness or details of the crime scene bcome public before an arrest is made, it could throw into question the veracity of a confession or put witnesses in danger.

Corbett also cited a previous Lancaster County incident where a person reporting drug activity in his neighborhood was severely beaten after his identity was learned by someone gaining access to the Web site.

(Staff writer Tom Murse contributed to this report.)