Dr. G. Gary Kirchner arrives handcuffed for his arraignment Monday.
Lancaster County Coroner Dr. G. Gary Kirchner came out swinging today, saying he is innocent of felony criminal charges and that Intelligencer Journal reporters who testified against him did so "in violation of all journalistic ethics."
Kirchner, by turns defiant and angry, also disputed the newspaper's claim that its reporters believed he, as the elected coroner, had the authority to grant them access to sensitive information on a county 911 Web.
"They were not permitted into that Web site," Kirchner said today. "If I gave you an ATM number, does that authorize you to clean out my bank account? That argument is thin.
"And if that's the case, why do they have to seek immunity from prosecution?" Kirchner asked. "If they're innocent and nothing wrong has been accomplished, and everybody agrees to that, they don't need to seek immunity from prosecution. They don't need to testify against me if that argument is correct."
The Pennsylvania Attorney General's Public Corruption Unit charged Kirchner on Monday with unlawful use of a computer and criminal conspiracy. He is charged with breaching the security of the county's 911 system by giving Intelligencer Journal newspaper reporters illegal access to confidential information.
In a rare front-page editorial today, the Intell said its staff did nothing wrong by accessing the Web site, despite the site's separate warnings that it was to be accessed "for official and Government business by authorized personnel."
"We strongly believe neither the newspaper nor any of its staff members knowingly violated any laws, company policies or ethical standards in relation to Lancaster County Coroner Dr. Gary Kirchner and the county's 911 system Web site," the editorial reads.
Intell editor C. Raymond Shaw declined to comment, saying the editorial speaks for itself.
The editorial continued: "... after a probe lasting more than 18 months and consisting of repeated subpoenas for computer hardware and software used by Intell staff members and repeated subpoenas to compel testimony by staff members of the Intell, no criminal charges were lodged against the newspaper or any of its staff."
"This can only be taken as a clear indication that no criminal activity was engaged in by the staff members," the editorial read.
The charges against 73-year-old Kirchner, a retired surgeon, were the result of a lengthy statewide grand jury intestigation.
In its report, the grand jury said five Intell reporters "abused" the Web site. Investigators found 57 instances in which 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.
The grand jury report said four current Intell staff members — Brett Lovelace, P.J. Reilly, Paula Holzman and Madelyn Pennino — and former reporter Carrie Cassidy conspired with Kirchner "to breach the security of the 9-1-1 website."
The five reporters and Intell news editor Jon Ferguson — who according to the grand jury was aware the staffers had been entering the Web site — were subpoenaed to appear and testify before the grand jury.
They initially asserted their Fifth Amendment right to refuse to provide evidence that might incriminate them, but later testified after being granted immunity from prosecution.
Cassidy testified that she received the user name and password directly from Kirchner between January and March of 2004, according to the grand jury report. She said Kirchner offered her the information so she could check the Web site instead of calling him.
Kirchner, who took office in January of that year, said today that he does not recall ever giving the password out to any reporter.
"I have no recollection of that whatsoever," he said. "How did they get it? I have no idea. I have no recollection whatsoever. It could be a fluke, it could be anything. But I have no recollection of doing that in 2004, and it wouldn't have happened in 2005."
Today's Intell editorial, however, said that "Kirchner freely provided his password to the coroner's section of the 911 Web site to an Intell staff member. He clearly was aware several staff members then accessed the site over a period of many months.
"There was no agreement of confidentiality with Kirchner in this matter and, indeed, the Intell had no knowledge whether Kirchner had provided the password to other news media," the editorial continued.
Kirchner was escorted into a Columbia magisterial district in handcuffs Monday afternoon. He was released on $5,000 bail.
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, in separate e-mails to his colleagues, friends and media, and in speaking to the New Era this morning, expressed anger that the reporters testified against him.
Kirchner has become known for his daily, early morning e-mails typed in all capital letters. He customarily writes them from his home at 610 Millcross Road.
"THE SIX REPORTERS ... WHO ILLEGALLY ACCESSED THE WEB SITE FOR QUITE A NUMBER OF TIMES WERE GRANTED IMMUNITY SO THEY IN VIOLATION OF ALL JOURNALISTIC ETHICS AGREED TO TESTIFY AGAINST ME," he wrote in an e-mail.
Asked about the e-mail, Kirchner said he did not expect the reporters to testify against him.
"Of course not. They should go to jail before they testify. Consult The New York Times as to what people in those positions do," Kirchner said.
He was referring to a federal judge's decision to jail Times reporter Judith Miller for contempt of court for refusing to testify to a grand jury investigating the leak of a CIA operative's name.
"They should not compromise their journalistic standards," Kirchner said.
George C. Werner, an attorney for Lancaster Newspapers Inc., was traveling and unavailable for comment.
Also in his e-mail this morning, Kirchner vowed to stay on the job and continue to seek re-election.
"DO I DIG A HOLE AND CLIMB IN AND CANCEL ALL OUTSIDE CONNECTIONS THUS ADDING TO MY POOR WIFE'S PROBLEMS OR DO I GO FORWARD?" Kirchner wrote. "YOU KNOW WHAT I CHOSE. I AM NOT CONVICTED. I AM NOT A CRIMINAL.
"...I WILL CONTINUE TO DO CORONER BUSINESS, CAMPAIGN BUSINESS, SOCIAL BUSINESS AND WILL GO TO ROTARY AND WILL GO TO CHURCH AND WILL GO TO THE EPHRATA ENDORSEMENT MEETING AND WILL DINE WITH FRIENDS. AND I WILL SERVE A SECOND TERM," Kirchner wrote.
Kirchner is seeking a second four-year term but is trailing Dr. Stephen G. Diamantoni by a wide margin in the Republican Party's informal straw polls. The party meets to endorse candidates one week from today.
Asked whether he intends to plead innocent to the criminal charges, Kirchner replied on advice from his attorney, Emmanuel H. "Manny" Dimitriou of Reading.
"As Manny says, I don't need to plead innocence. I am innocent."