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Farber, whose reporting helped lead to the trial of Dr. Mario Jascalevich for the murders of three patients at a small New Jersey hospital, was jailed for contempt of court after refusing to turn over his notes to the trial judge. Farber was freed last month just before the jury found Jascalevich "not guilty," but the New Jersey Supreme Court had upheld the reporter's contempt conviction, along with the fines levied against the Times for refusing to surrender its own documents on the case...

Author: /time Magazine | Title: Law: Farber Finis | 12/11/1978 | See Source »

...four months, the man mostly in the shadows at the Dr. X murder trial in Hackensack, N.J., has been the 51-year-old defendant himself, Mario Jascalevich. The Argentine-born physician was accused of killing five hospital patients in 1965 and 1966 by injecting them with lethal doses of curare, a muscle relaxant. His motive, the prosecution speculated, was to discredit other doctors who were challenging his authority as the hospital's chief surgeon...

Author: /time Magazine | Title: Nation: A Jury Sets Dr. X Free | 11/6/1978 | See Source »

...during the last half of the trial, far more attention was given to the constitutional confrontation that arose when the defense demanded the notes of New York Times Reporter Myron Farber, who had first dubbed Jascalevich Dr. X in articles that led to the multiple-murder indictment. Last week Jascalevich was back at center stage when the jury, after deliberating for less than three hours, acquitted him of all charges. His supporters in the courtroom burst into applause. Said the doctor: "Justice has been done...

Author: /time Magazine | Title: Nation: A Jury Sets Dr. X Free | 11/6/1978 | See Source »

Brown's other line of defense was to contend that Farber and former Bergen County Prosecutor Joseph Woodcock had conspired to frame Jascalevich. Claiming that he was looking for evidence to support that theory, Brown demanded Farber's notes. Farber refused, citing the First Amendment and a New Jersey shield law allowing reporters to keep their sources confidential. Moreover, he insisted he had no information that would establish Jascalevich's guilt or innocence. Farber was cited for contempt, jailed and fined $2,000; the Times was fined $100,000 plus $5,000 for each day of the trial the reporter...

Author: /time Magazine | Title: Nation: A Jury Sets Dr. X Free | 11/6/1978 | See Source »

...case is not entirely closed. Jascalevich still faces malpractice charges before the New Jersey board of medical examiners, which could bar him from practicing medicine. Farber and the Times, which has paid $285,000 in fines and $700,000 in legal costs, are appealing the contempt citations to the U.S. Supreme Court. Its decision could draw more clearly the line between a defendant's right to a fair trial and the First Amendment's protection of the press...

Author: /time Magazine | Title: Nation: A Jury Sets Dr. X Free | 11/6/1978 | See Source »

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