Word: trautwein
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Dates: during 1970-1979
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While the jury was deliberating, Farber was summoned before a Bergen County judge, Theodore Trautwein, and asked one last time whether he still refused to yield his notes. "Yes, sir," said Farber. Replied the judge angrily: "You and only you, Mr. Farber, and that superior being you must address yourself and your conscience to, know whether you have withheld something from the trial court and the jury which would have been of aid in the search for truth." Then, because the trial was over except for the jury's verdict, Trautwein released Farber from jail and suspended the contempt penalties...
...York Times's fortunes, the New York newspaper strike appears to have spared the paper the embarassment of reporting recent events in the M.A. Farber case. Farber, the Times reporter who, along with his paper, was cited for contempt of court last month for refusing to permit Judge Isidore Trautwein to examine his notes in camera, admitted in court early this month that he had accepted a $75,000 advance on a book he was preparing on the Mario Jascalevitch murder case. He also admitted to having shown his notes to one of his publisher's editors. Even worse, Farber...
...Judge Trautwein suggested a compromise to finesse, if not resolve, the constitutional conflict: he ordered Farber to submit his notes for a closed, in camera inspection by the Court, which would determine which, if any, of Farber's notes must be turned over to the defense. Attorneys for Farber and the Times rejected this approach, however, arguing that it too violated the First Amendment, and that Judge Trautwein had failed to show why such material might be relevant to Jascalevitch's defense. Trautwein responded by citing Farber and the Times for contempt of court...
...REJECTING Judge Trautwein's attempt to fashion a workable, if imperfect, compromise between the demands of the First and Sixth amendments, the Times has refused in effect to acknowledge the seriousness of the problem. At the same time, the Times has arrogated to the press judicial immunity it would rightly deny any other institution. One can only hope that the Times will realize the danger of maintaining its present position, particularly in light of the altered facts of the case. The Times should accept Judge Trautwein's compromise or propose a better one. A failure to do so will eventually...
Such arguments seemed to cut little ice with Trautwein. "The case is being tried; a man is charged with murder . . . You still say Myron Farber should be the judge," said Trautwein indignantly. All he was asking, the judge continued, was "to let us take a little peek." So impatient was Trautwein to punish Farber, 40, and the Times that he began handing down sentences before pronouncing them guilty. Realizing his mistake, Trautwein declared sheepishly, "I'm putting the cart before the horse." Then he slapped both the paper and the reporter with stiff coercive civil and punitive criminal contempt sentences...