Newspapers facing defamation charges
By BRETT LOVELACE
Updated Oct 03, 2008 11:06

Jury selection is scheduled to begin today in a defamation trial against the Sunday News, Lancaster New Era and Solanco Sun-Ledger.

The lawsuit against the three newspapers was filed in 1999 after an attorney claimed articles published about a protection from abuse order damaged her reputation and career.

Gail A. Weber is seeking financial damages from the newspapers for publishing stories with a reckless disregard for the truth. She claims the negative publicity diminished her earnings potential as a lawyer.

Sunday News associate editor and columnist Gil Smart, New Era reporter Tom Murse and Solanco Sun-Ledger reporter Lynn Commero wrote the articles Weber claims are defamatory.

Lancaster County Judge Paul K. Allison will preside over the trial, which is scheduled to last five days.

Attorney George C. Werner of Lancaster is representing the Sunday News and the New Era. Attorney John C. Connell of New Jersey is representing the Solanco Sun-Ledger.

Attorney Ralph D. Samuel of Philadelphia is representing Weber.

Samuel said he attempted to negotiate a financial settlement with the newspapers but failed to reach an agreement.

Werner, Connell and Samuel are scheduled to meet with Allison at 9 a.m. today. Jury selection and opening statements will follow.

Samuel plans to use testimony from two vocational economists to show jurors how much potential salary Weber lost because of the articles.

The lawsuit was filed after the the Sunday News published a story Dec. 21, 1997, detailing allegations about Weber in a protection from abuse petition.

The PFA was requested by Dawn L. Smeltz and Roberta L. Troy against Quarryville Borough police Cpl. Patricia Kelley.

Smeltz wrote in the petition that "Patti's friend, Gail Weber, phoned me at work harassing me."

The PFA also stated Kelley threatened to kill Smeltz. Kelley and Smeltz were companions who lived in a Mountville apartment building they co-owned.

Weber claims she knew Cpl. Kelley because Weber worked with Quarryville solicitor Roger S. Reist at the Lancaster firm Shirk, Reist, Wagenseller & Mecum.

According to the lawsuit, Kelley had a falling out with Smeltz in November 1998 and found herself locked out of the apartment building. She moved in with her sister and left her three dogs with Weber.

Smeltz and Troy served Kelley with the PFA in Weber's driveway.

Weber said Kelley told her some things Smeltz said during their disputes, and Weber called Smeltz at work to inform her of what she considered to be some inaccuracies.

That conversation resulted in Weber being mentioned in the PFA.

Weber said Smeltz later "interpreted" the allegation for reporters.

Weber also alleges Troy told the reporters about the PFA and intentionally provided them with false information.

The article Smart wrote in the Sunday News failed to mention Weber was not directly involved in the PFA as a defendant, the lawsuit claims.

Weber claims the article led readers to conclude she made multiple calls to Smeltz. She also alleges the article implies she lived with Kelley.

Weber claims Smart made no reasonable investigation of the facts. Smart left one message with Weber's secretary, she says, but did not reveal what the inquiry was about.

Smart also left a voice-mail message for Weber, she claims, but she did not receive it until the day after the story appeared.

Smart wrote in his article that the newspaper called her several times during the week before the story ran.

Weber alleges that because of Smart's story, her employers forced her to resign.

The alleged inaccuracies about Weber's involvement in the PFA were published again in articles Smart wrote Dec. 28, 1997, and Jan. 25, 1998.

Murse wrote a Jan. 27, 1998, article for the New Era that reported Smeltz accused Weber of making threatening phone calls.

Ney wrote articles about the PFA dated Dec. 24 and 31, 1997, and Jan. 15 and 29, 1998, for the Solanco Sun-Ledger.

The articles Ney wrote stated Smeltz in her PFA petition accused Weber of making harassing phone calls to her at work and at church.

Weber alleges Ney misquoted the PFA and repeated the wrong information in all four articles.

The Sunday News and New Era attempted to have the lawsuit dismissed, but a state Superior Court judge in 2005 ruled a jury should determine its outcome.

Allison previously ruled the newspaper articles were fair and accurate.

The Sunday News and Lancaster New Era, as well as the Intelligencer Journal, are published by Lancaster Newspapers Inc.

E-mail: blovelace@lnpnews.com

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