METHUEN - Michael Neve wants The Eagle-Tribune fined $65,000 for photographing him leaving a Civil Service Commission hearing last month where he testified he offered Mayor William Manzi a bribe.
Neve's lawyer James Krasnoo says the newspaper should also be held in contempt for allegedly violating a commission ruling stating no photographs could be taken of Neve "during or after" his testimony at ex-police Chief Joseph Solomon's appeal of his May firing.
But The Eagle-Tribune's lawyer Robert Bertsche maintains the newspaper was exercising its First Amendment right to photograph in public places when it took the picture of Neve outside a state building Oct. 30 and published it the next day.
Bertsche also said Krasnoo's filing is merely to harass The Eagle-Tribune for its reporting of Neve's admitted bribery. He is asking the commission to throw out Krasnoo's petition and that Neve should pay the newspaper's legal fees.
Neve agreed to testify on behalf of the city at Solomon's appeal Oct. 30 but asked Commissioner Paul Stein to bar The Eagle-Tribune from taking photos during and after the hearing. The Eagle-Tribune objected, but withdrew its objection when Neve threatened to leave before testifying.
A reporter was allowed to stay in the room as Neve testified he offered Manzi a $15,000 bribe for a zoning variance, but the mayor refused it. Neve also said he told Solomon about the bribe. Solomon claims he was fired because he took Neve's story to the FBI. Manzi denies Neve ever tried to bribe him.
The Eagle-Tribune did not photograph Neve during his testimony or outside the hearing room. But following the freedoms provided for the press in the U.S. Constitution, Bertsche said the newspaper was within its First Amendment rights to take the photo of Neve outside the building.
Prior to Neve continuing his testimony yesterday, Stein held a special hearing on Krasnoo's petition and The Eagle-Tribune's response.
"The press can take photographs from a public place," said Bertsche during the hearing. "The issue is not about good journalism, it's not about good manners. It's about the law."
Krasnoo called the newspaper's move "conscious and deliberate, and "deceitful." He also said after Neve's photo ran in the newspaper Oct. 31, he was accosted by several people in a supermarket, leaving him frightened by what he called "unwanted intrusions."
"He was accused of things by several strangers that came up," Krasnoo said. "They said, 'You're the guy who...'"
As punishment, Krasnoo tried to get The Eagle-Tribune barred from future coverage of the Solomon hearing. When the commissioner refused saying the newspaper cannot be barred from a public hearing, Krasnoo tried to get the newspaper to agree to not run Neve's photograph again, but Bertsche refused.
Krasnoo then asked for The Eagle-Tribune to be banned from covering the remainder of Neve's testimony yesterday.
"I don't care if you have any other newspaper here, just not the Eagle-Tribune," he said.
The commission closed the rest of Neve's testimony to the public yesterday, after lawyers for Solomon and the city asked it to be private in order to move the proceedings along.
Stein said he would take the arguments under advisement and issue a finding soon. The commission has no power to hold the newspaper in civil or criminal contempt. If Stein finds there is a case against the newspaper, he would have to send the petition to Superior Court, where the Attorney General would then decide what to do with it.
Krasnoo wants Eagle-Tribune reporter J.J. Huggins and photographer Paul Bilodeau to each be fined $25,000. He is also requesting a separate $15,000 fine against the newspaper itself.
Manzi fired Solomon May 7 after receiving a report from attorney Michael Marks, who oversaw Solomon's city disciplinary hearing. Marks recommended Solomon be fired for verbally abusing officers, allowing grant money to be misspent, and paying his sister and brother-in-law taxpayers' money to take care of the department's marine equipment.
