- SEATTLE, Wa. - A man who
posted on the Web details of what he asserts is an investigative report
into alleged improprieties at a Seattle residence for senior citizens has
been in jail for a month - with no end to his incarceration in sight, his
attorney said today.
-
- Paul Trummel, 69, was for approximately two years a
resident
of Council House, a residence in the Capitol Hill section of Seattle whose
construction was funded by the U.S. Department of Housing and Urban
Development
(HUD).
-
- Trummel, a former professor of journalism at the
University
of Washington, had frequent run-ins with the administrators who managed
the facility.
-
- He detailed his complaints in a newsletter, which he
published and distributed to residents of Council House.
-
- According to Robert Siegel, Trummel's attorney, Trummel
first appeared in court in April 2001, when he asked Superior Court Judge
James Doerty to issue an injunction against the administrators of Council
House, who were trying to halt the distribution of his newsletter.
-
- "Judge Doerty took an immediate dislike to
Paul,"
said Siegel. "Not only did he turn down his request for an injunction,
he told the other side that if they asked him, he would issue an injunction
against Paul."
-
- Two weeks later, on April 19, 2001, Council House
obtained
a restraining order against Trummel. Siegel said the order not only told
Trummel not to "harass" the administrators, it said he could
not even go into the building - making it a de facto eviction.
-
- "The judge said he can't have any contact with
anyone
at Council House. That means not just the people he had a problem with,
but also the residents, many of whom were his friends and
acquaintances."
-
- Since April 2001, there have been four or five contempt
orders based on the original anti-harassment order, said Siegel.
-
- Some time last year, Trummel created a Web site he called
ContraCabal.net. On this site, Trummel continued to bash the administrators
of Council House, as well as Doerty. Council House's attorneys brought
the site to Doerty's attention, asserting that it violated the judge's
order that Trummel cease his "harassment."
-
- "Most of what Paul was putting on the site was
public
information that is available at the Secretary of State's office,"
said Siegel.
-
- Eventually, Trummel complied with the judge's order and
edited many items from his site. However, Siegel said Trummel put up what
he called a "shadow" Web site at ContraCabal.org that contained
all of the non-complying information. Trummel asserted that since the
second
site was based in Holland, Doerty had no jurisdiction over it, said
Siegel.
-
- "On Feb. 27, Doerty ordered Paul placed in jail
for contempt," Siegel said. "He ordered him held until he is
in compliance with an Oct. 26, 2001, order to remove content from the Web
site."
-
- The problem is, Trummel has no Internet access in jail,
and the judge's indefinite sentence rankles Siegel.
-
- "I don't know how he is to comply from jail. That
is the dilemma," he said. "The judge has not set a date for an
arraignment, a hearing or anything. It is civil contempt, so he is not
guaranteed the right to a speedy trial. Had he been arrested for murder,
he would have had to be arraigned."
-
- James Chadwick, an attorney not involved in this case
who is an expert on free speech law, believes Trummel has a solid First
Amendment defense.
-
- "The judge's order to take down statements is
classic
prior restraint," Chadwick told Newsbytes.
-
- Chadwick said he looked at Trummel's Web site and it
seemed to him that some of Trummel's statements had been removed.
-
- "Trummel makes several accusations on his site
against
the administrators of the building, but if those accusations are false,
they are defamatory," he said. "You cannot enjoin speech because
it is defamatory, at least until you have a conclusive judicial
determination
that it is defamatory - such as a trial or a summary judgment."
-
- Chadwick said the judge in this case has enjoined speech
"that appears to enjoy First Amendment protection."
-
- "Speech can be enjoined, but only in very limited
circumstances," he explained. "Examples would include a pattern
of threats of physical violence, incitements to violence or child
pornography."
-
- "But even in categories of speech not protected,
such as speech that is defamatory or obscene, you cannot enjoin the
speech,"
he added.
-
- Siegel said Trummel's legal troubles are exacerbated
by his health issues. He said Trummel suffers from four types of arthritis
and prostate problems, and is forbidden under jail rules to take the
supplements
he normally takes to treat those conditions.
-
- This week, Trummel tested positive for tuberculosis,
Siegel added.
-
- Trummel's plight is attracting international attention.
Because he is a British subject and permanent resident alien, the British
government has written to the judge. In addition, organizations such as
the Society of Professional Journalists (SPJ) are trying to rally
support.
-
- "Paul has been an investigative reporter all his
life, and he is a member of several journalism groups. SPJ said they were
going to file an Amicus Curiae brief on his behalf."
-
- Siegel said it is possible that Trummel could ask him
to take down the Web site on Trummel's behalf, but "Paul wants to
stand by his guns on principle."
-
- "He says every thing he wrote is satire or the
facts,"
said Siegel. "If Council House thinks they have damages, they can
sue for defamation and try to prove it. They don't need the extraordinary
protection of an anti-harassment order."
-
- Trummel's Web site is at http://www.contracabal.net
.
-
- The "international version" is at http://www.contracabal.org .
-
- Reported by Newsbytes.com, http://www.newsbytes.com
.
-
- Press contact:
Robert Siegel, defendant's attorney 206-624-9392
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