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From columnist to witness Judge: Free Press' Albom must testify in Webber casePosted: Monday July 14, 2003 2:19 PMUpdated: Monday July 14, 2003 2:37 PM
DETROIT (AP) -- Sports columnist Mitch Albom must testify in the perjury trial of Sacramento Kings star Chris Webber, a judge ruled Monday. On the eve of jury selection for the trial, U.S. District Judge Nancy Edmunds recognized that a privilege exists for journalists in criminal trials. But she said in this case Albom's own observations, not protected information, are at issue. The defendants "have clearly and convincingly shown that Albom's testimony is not obtainable from some other neutral witness who had the quantity and quality of personal contact with Chris Webber during the relevant time period," Edmunds wrote. She granted a motion to authorize a subpoena and compel Albom's testimony. Webber's defense attorney, Steven Fishman, wanted Edmunds to order the author and Detroit Free Press columnist to testify about what he may have learned through interviews with Webber for his newspaper columns and his 1993 book "Fab Five." Messages seeking comment were left with Fishman and Albom. The Free Press fought the request, arguing that any information Albom may have learned through the interviews is confidential. Free Press attorney Herschel Fink said the newspaper is considering an emergency appeal. "I disagree with her conclusions on Mr. Albom's, as she put it, `unique opportunity to observe Webber,"' Fink said. The former University of Michigan standout and his father Mayce Webber Jr. are charged with lying to a federal grand jury about money authorities say the player received from former Michigan basketball booster Ed Martin. The maximum penalty on each charge is five years in prison and a fine of $250,000. Jury selection is scheduled to begin Tuesday. Martin, who died Feb. 14 at age 69, pleaded guilty in May 2002 to conspiracy to launder money. He admitted he took gambling money, combined it with other funds and lent it to several players while they were in school. The retired autoworker said he loaned $616,000 to Webber and three other Wolverines players -- Maurice Taylor, Robert Traylor and Louis Bullock -- while they were amateurs. Martin said he gave Webber and his family $280,000 from 1988-93, a period extending from his freshman year in high school through his sophomore season at Michigan. Webber, who is in the second year of a 7-year, $123-million contract with the Kings, in August 2000 told the grand jury investigating Martin's dealings that he took money from Martin in high school, but could not remember if he took money in college. Martin's death left federal prosecutors without a person who could provide crucial testimony. Last week, the judge ruled prosecutors could not present key testimony and evidence, including notes kept by Martin that appeared to indicate that Webber borrowed money from him while playing in high school and college. Prosecutors also were prohibited from calling other players to testify about amounts they said they received from Martin. |
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