Suit Claims Documentary Invaded Privacy of Family

A recently filed lawsuit accuses KGTV (Channel 10) of invading the privacy of a mother and her teen-age son when the station aired an interview between a probation officer and the youth during a documentary last year.

The interview, which aired last July, was part of the “10 Signature Series” documentary “Juvie,” which examined the local juvenile justice system.

The suit filed on behalf of Helen Staffiero and her son alleges that Channel 10 and the county Probation Department lacked permission to use the footage, and that the airing endangered both the mother and son.

While Staffiero and son may have some legitimate arguments against the Probation Department for leading the cameras to their home, it is unlikely they have much of a legal claim against the television station, which is protected by the First Amendment right to gather news. Channel 10 can argue that consent was implied because the cameras were allowed into the home, although the suit argues that it was the son--who at the time was a minor--who let the interviewers in, and Mrs. Staffiero was neither present nor consulted.

The plaintiffs will be trying a relatively novel argument, alleging that there is a difference between news coverage and documentaries. It is accepted that a television reporter covering a breaking news event doesn’t need permission to tape people. But attorney Denise Ducheny, representing the family, contends that since “Juvie” was a lengthy documentary, with plenty of time between the interview and the airing, the television station should have asked for permission or gotten a signed release from the mother before televising the segment.

That argument might not have much weight, since the station made every reasonable effort to conceal the minor’s identify, hiding his face and using only his first name. But Ducheny says their house was photographed, and any viewer who knew the family and heard the stories of gang, drug and alcohol problems would know the subject.

“They didn’t have consent to film him or reveal anything about him,” Ducheny said.

In their reply to the lawsuit, attorneys for Channel 10 wrote that the segment did not invade the family’s privacy, was accurate and, most importantly, newsworthy.

“News is news,” said Ed McIntyre, the lawyer representing Channel 10. “Fortunately I know of no court attempting to distinguish between an in-depth news piece and spot reporting.”

As Channel 8 prepares to embark on its new era, debuting its new anchorwoman Susan Peters and a new roster of talent this month, morale at the station is, by all accounts, hitting rock bottom. The wave of budget cuts that hit the station two weeks ago continued last week, with the “redefinition” of some newsroom positions and a few pay cuts.

Staffers are grumbling about Ted Leitner’s new contract, asking whether he is taking a pay cut. Official memos are being torn down from the bulletin board. The cuts on both the radio and TV side are being called callous. Seniority is not being used to determine who gets cut and who stays. Reasons like “bad attitude” are being given to longtime employees asked to take cuts.

A staff meeting was called last Thursday to clear the air, but it didn’t help much.

“Everything is over, everything will be fine,” news director Jim Holtzman told the staff, adding that now it is time to move on.

Valid or not, it didn’t help morale that Holtzman was introducing his college son to the newsroom as a summer intern the week the pink slips were handed out. The internship was planned long before the budget cuts were announced, and it doesn’t take away from any positions, said Holtzman, who finds himself as the main target for those upset with management at the same time that he is attempting to get the staff excited about the changes in the newscasts--the new 11 p.m. roster, with Mitch Duncan and Andrea Naversen as anchors, is set to begin this week, and Peters will debut June 10.

“At a point when everybody should be optimistic (the cuts) took a lot of wind out of the sails,” Holtzman acknowledged. “The good part is that we are still making some good moves and as the summer goes on we’ll be able to reestablish some wind in the sails.

“It’s just too bad. These should be exciting and fun times.”

Welcome to the joys of Channel 8, Ms. Peters.

An effeminate character named “Jer’ ” portrayed by comedian Russ T. Nailz during recent XTRA-FM (91X) morning shows, spurred a run of phone calls from gays, who varied in their attitude toward the stereotypical Jer. The character also drew calls from members of the vocal San Diego contingent of Neanderthal, homophobic types, who didn’t like such subjects discussed on a modern rock ‘n’ roll station. Morning guys Jeff Prescott and Mike Berger put many of the callers on the air, which helped whip up the debate a little more.

Partially in response to the swirl about the high-pitched Jer, last Thursday 91X started a regular “gay community calendar” segment during the Berger and Prescott show, hosted by a representative of the San Diego Gay Times newspaper. Maybe it’s a quick and easy way to appease the gay community, or maybe it’s a simple effort to acknowledge a local population that is almost completely ignored by mainstream media.

“We’ve seen that we have a pretty healthy audience in the gay community, and we’re not going to pretend they’re not there,” said 91X program director Kevin Stapleford.

Given San Diego’s penchant for conservative thought, it’s not surprising that the station was inundated with phone calls Thursday, including a slew espousing beliefs only slightly less liberal than those of the Ku Klux Klan. However, Stapleford said the majority of the calls were supportive of the segment.

As local Los Angeles Lakers fans bask in the glory of a trip to the NBA finals, there is a disturbing possibility that the away Laker games may not be available on San Diego television next year. For the past few years, the Lakers sold the local rights to KUSI-TV (Channel 51) as part of its “network” of stations. But the Lakers have sold the exclusive rights to KCAL-TV in Los Angeles for next year, and there is no word yet on whether KCAL, which would love to use the games as leverage to get picked up by local cable systems, plans to sell the rights to a San Diego station. . . .