[StBernard] Mangano's Pin Blame on Local Weathermen

[Westley Annis]

TV meteorologists ordered to testify in nursing home trial
Posted by St. Bernard bureau August 15, 2007 9:46AM
By Paul Rioux
St. Bernard bureau

Meteorologists and news directors from three New Orleans television stations
will have to testify if called in the St. Rita's trial, a judge ruled this
morning. 

Judge Jerome Winsberg ruled in St. Francisville that Bob Breck, Dan Milham
and Carl Arredondo, who handle weather reporting and forecasting for New
Orleans stations WVUE, WDSU and WWL, will have to testify about their
weather reporting prior to and during Hurricane Katrina. The news directors
of WVUE and WWL also will have to testify if called. 

Wednesday's ruling came as lawyers continue their efforts to seat a jury in
the trial, in which St. Rita's nursing home owners Sal and Mabel Mangano
face 35 counts of negligent homicide. The charges against the Manganos stem
from the drownings of residents at the St. Bernard Parish nursing home
during Katrina's massive flooding. 

Attorneys for the state Attorney General's office, which is handling the
prosecution, have edited some 70 hours of video of weather forecasts and
reporting from the television stations into a two-hour compilation they plan
to show a jury. They had subpoenaed the meteorologists and news directors to
testify, as well. 

Arguing that they should not have to testify, Dan Zimmerman, an attorney for
the television stations, told Winsberg the media have "qualified privilege''
and cannot be called to testify to discuss anything that was not broadcast.
Zimmerman said he is concerned that the questioning would veer toward topics
and issues that were not aired during the newscasts. 

"It's an attempt by the state to get the power of the media on the side of
the prosecution,'' Zimmerman said. 

Zimmerman said he would appeal Winsberg's ruling later today. 

But Assistant Attorney General Paul Knight, referring to an earlier ruling
in which Winsberg sided with defense attorneys and said Gov. Kathleen Blanco
would have to testify if called, said, "If Gov. Blanco can be subpoenaed to
testify, by golly, it's not too much of an imposition for these news
directors and meteorologists to come here to testify briefly.'' 

Winsberg ruling limits questioning to filling in any gaps in the two hours
of tape to be shown. 

Mangano attorneys have indicated they will object to the videotape being
shown at trial. They said they have not been given a copy of the tape and
are concerned that the editing of the footage will be slanted to the
prosecution. 

The St. Rita's trial was moved to St. Francisville, in West Feliciana Parish
north Baton Rouge, after Winsberg ruled it would be too difficult to seat a
jury in St. Bernard Parish.