Newspaper seeks return of computer

The newspaper contends that there is sensitive information on the computer.

By LAURE CIOFFI

VINDICATOR PENNSYLVANIA BUREAU

NEW CASTLE, Pa. — A Lawrence County newspaper will be heading to court Thursday to ask a judge to return a computer seized by police investigating a claims of illegal wiretapping by a reporter.

Judge J. Craig Cox of Lawrence County Common Pleas Court ordered police to refrain from inspecting the computer until after the hearing.

Newspaper Holdings Inc., the parent company of the New Castle News, filed court papers Friday in an effort to get the MacIntosh laptop released from authorities.

City police served a search warrant on the newspaper offices July 25 and took the computer of reporter Pat Litowitz.

Police received a complaint from Jim Morris, police chief of the Northwest Regional Police Department in Pulaski and Mahoning townships.

According to court papers, Litowitz conducted telephone interviews July 17 with Morris and Mahoning Township Supervisor Poncho Exposito about a proposed police training facility.

What happened

The search warrant states that another reporter, Nancy Lowry, was then told to complete the story, and Litowitz played portions of his interview with both men for her on his computer.

Lowry then relayed this information to Morris’ wife, Debbie Wachter Morris, who is also a news reporter at the paper, and Debbie Morris relayed that information to her husband, according to the search warrant.

Jim Morris went to the New Castle police July 25 complaining that he had been recorded without his knowledge, court papers stated.

Police are investigating whether the state’s wiretapping law was violated. In Pennsylvania, both parties must be notified if a telephone conversation is being recorded.

The newspaper, in its court motion to have the laptop returned, argues that Morris and Exposito are public officials who knew they were talking to a reporter for the purpose of writing a story.

The motion goes on to state that “news reporters often electronically record interviews for purposes of ensuring the accuracy of reported stories.”

The newspaper contends that Litowitz was protected under the First Amendment, which ensures the right to a free press. He has not been charged.

“There was no interest of Chief Morris or Francis ‘Poncho’ Exposito that should prevent the compilation of truthful recorded information for publication purposes,” court papers stated.

The newspaper contends that there is sensitive information, including the identity of sources that must be protected, on the computer.

The county district attorney’s office told officials the computer could be held by law enforcement for about a month.

cioffi@vindy.com