Attorneys in the defamation trial against the Sunday News, Lancaster New Era and Solanco Sun-Ledger laid out their theories Monday on why a Quarryville lawyer was mentioned in articles about a 1997 protection-from-abuse order involving a gay relationship.
The opening statements also revealed details about the intimate relationship between former Quarryville Borough solicitor Gail A. Weber and Quarryville Borough police Cpl. Patricia Kelley. The relationship was a factor in the filing by Kelley's ex-girlfriend Dawn L. Smeltz of a PFA petition against Kelley, attorneys said.
Smeltz wrote in the petition that "Patti's friend, Gail Weber, phoned me at work harassing me."
Attorney Ralph D. Samuel, who is representing Weber, says Weber should not have been named in the articles because she was not a defendant in the PFA.
"On Dec. 21, 1997, a Sunday morning, when Gail Weber looked at the front page she found a shocking article at the bottom of the front page with a large headline, 'Attorney named in abuse petition,' " Samuel said. "This was shocking because it implied that Gail Weber was named as a defendant in an abuse petition.
"She had nothing to do with the allegations of abuse in the petition."
Attorneys George C. Werner and John C. Connell, who represent the newspapers, countered Samuel's argument, saying Weber was named in the PFA because she made a telephone call to Smeltz.
The articles simply repeated what was stated in court documents, Werner said.
"Defamation requires something false, something untrue be stated," Werner said. "Lancaster Newspapers reported the truth. The truth was embarrassing for Gail Weber."
Weber filed the lawsuit against the three newspapers in 1999 because, she said, the negative publicity damaged her reputation and diminished her earnings potential as a lawyer. She is seeking financial damages from the newspapers for publishing eight stories with what her suit describes as "a reckless disregard for the truth."
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.
Samuel displayed large placards of the Sunday News, Solanco Sun-Legder articles and PFA petition for jurors Monday.
Weber "made one phone call," Samuel said. "There were no threats, and the woman has acknowledged the same."
After the Sunday News article appeared, Samuel said, the law firm where Weber worked demanded an explanation.
Weber was managing the Shirk, Reist, Wagenseller & Mecum office in Quarryville. She also was advising borough council on police issues, Samuel said.
"(Weber) was told to appear in their Lancaster office and be prepared to explain why she was named in the petition," Samuel said. "The partners of the firm asked her 'What are you going to do to fix this for our law firm?' "
Weber later resigned and says she has been unable to find work as an attorney. The only job she has held since leaving the law firm is with a security company, which she started in February, Samuel said.
Werner and Connell focused their opening statements on the affair between Weber and Kelley, which led to them living together. Kelley had lived with Smeltz for about 13 years before dating Weber, the attorneys said.
"Weber was the reason for the breakup," Werner said. "She injected herself into the situation. Smeltz considered the phone call to be harassment."
Connell said Weber made a choice to start a romantic relationship with Kelley at the risk of losing her job as borough solicitor.
"This is a case about owning up for the choices you make in life and owning up to them," Connell said. "(Weber) made the choice to become entangled in the soured relationship between Kelley and Smeltz."
Lancaster County Judge Paul K. Allison is presiding over the trial, which could last a week.
Weber is expected to testify this morning. Samuel also plans to use testimony from two vocational economists to show jurors how much potential earnings Weber lost because of the articles.
The Sunday News and Lancaster New Era are published by Lancaster Newspapers Inc., as is the Intelligencer Journal.
E-mail: blovelace@lnpnews.com