M. A. Farber
Encyclopedia
Myron A. Farber is an American
newspaper reporter for The New York Times
, whose investigations into the deaths of several patients at an Oradell, New Jersey
hospital led to the murder trial of Dr. Mario Jascalevich
, a physician at the hospital who was alleged to have used a powerful muscle relaxant in what became known as the "Dr. X" case. After refusing to turn over notes from his investigation in response to a subpoena from the defense attorney in the case, Farber was jailed for contempt and the newspaper fined, ending up spending 40 days in jail with fines of $285,000 assessed. Appealed to the Supreme Court of the United States
, the case set a precedent for the limitations of shield laws in the United States.
Farber pursued the case by speaking with someone in the forensic toxicology field who was able to recall a case at Riverdell Hospital
, a private medical facility that had since closed. Further investigation led to the identification of Dr. Mario Jascalevich as the hospital's chief surgeon. While Jascalevich's surgical patients routinely survived, those of a new surgeon were dying at a significantly high rate. This new surgeon, together with directors of the hospital, opened Jascalevich's locker on October 31, 1966 and found 18 near empty vials of curare
, a powerful muscle relaxant that could cause death if not administered in conjunction with artificial respiration.
blamed other doctors at the hospital of framing Jascalevich to cover up their own ineptitude and charged that Farber had conspired with prosecutors to advance their respective careers by pointing the finger of blame at Jascalevich. After Brown subpoenaed the reporter,
Farber testified in the case but cited the First Amendment of the United States Constitution when he refused to turn over thousands of pages of the reporter's notes that the defense had requested, citing a compelling right to protect the identity of the sources used in the articles from individuals who had spoken to him with the expectation that their confidence would be maintained. Time
magazine called the deadlock "a head-on collision between the First and Sixth Amendments", citing the conflict between the reporter's and newspaper's right of Freedom of the Press
and the defendant's Right to a fair trial
. Trial judge William J. Arnold had Judge Theodore Trautwein
address the issues related to the release of the papers in his role as assignment judge for all Bergen County courts. In July 1978, Trautwein sentenced Farber to six months in jail and assessed fines of $5,000 each day to The Times, saying that Farber had chosen placing "your privilege and your concept of your constitutional rights above the rights of the people of this state and this defendant"
When Farber was about to be jailed, his attorneys filed for an emergency stay on a weekend and New Jersey Supreme Court
Justice Morris Pashman
arrived in his golfing attire to grant the stay. When the full court heard the case the next day, Pashman was the only dissenter as the court upheld the lower court ruling and ordered that Farber serve time in jail. When the court reaffirmed the lower court action in a decision in September 1978, Pashman and fellow Justice Alan B. Handler
were the only dissenters.
With several breaks for appeals, Farber ended up spending a total 40 days in the Bergen County Jail and was not released until October 24 after Jascalevich was acquitted. The New Jersey Supreme Court
upheld Trautwein's decision and stripped reporters of shield law protections, though the New Jersey Legislature
responded by passing even stronger shield laws to protect reporters.
Trautwein's actions in regard to Farber have been used as a case study
in both law schools and schools of journalism. Jane E. Kirtley of the Reporters Committee for Freedom of the Press
cited how "Farber's case roused journalists out of their complacency", noting that "Going to jail for more than a month is significant in anyone's eyes."
In November 1978, the Supreme Court of the United States
refused to take the case, citing the fact that neither the United States Constitution
or existing state shield laws provide journalists with an absolute privilege to refuse to provide information demanded in a criminal case by a defendant.
Brendan Byrne
issued a pardon to reporter M. A. Farber and ordered that $101,000 in fines be returned to The Times. The paper's attorney, Floyd Abrams
, was planning efforts to file for reurn of the additional $185,000 that had been assessed in civil contempt fines.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
newspaper reporter for The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
, whose investigations into the deaths of several patients at an Oradell, New Jersey
Oradell, New Jersey
Oradell is a borough in Bergen County, New Jersey, United States. At the 2010 United States Census, the borough population was 7,978. The borough's territory includes a dam on the Hackensack River that forms the Oradell Reservoir...
hospital led to the murder trial of Dr. Mario Jascalevich
Mario Jascalevich
The "Dr. X" killings were a series of suspicious deaths, by curare poisoning, in 1966 at a Bergen County, New Jersey hospital. A newspaper investigation during the mid-1960s led to the indictment of an Argentina-born physician, Mario Enrique Jascalevich , in 1976...
, a physician at the hospital who was alleged to have used a powerful muscle relaxant in what became known as the "Dr. X" case. After refusing to turn over notes from his investigation in response to a subpoena from the defense attorney in the case, Farber was jailed for contempt and the newspaper fined, ending up spending 40 days in jail with fines of $285,000 assessed. Appealed to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, the case set a precedent for the limitations of shield laws in the United States.
Initial investigation
Farber's initial involvement in what would become known as the Dr. X case began in June 1975 when the paper received a letter from a woman claiming that as many as 40 patients had been murdered at a hospital by its chief surgeon. The letter handed to him offered no information as to where the alleged murders had occurred or who the murder was, if there was anything at all to the letter.Farber pursued the case by speaking with someone in the forensic toxicology field who was able to recall a case at Riverdell Hospital
Riverdell Hospital
Riverdell Hospital was an 80-bed hospital at 576 Kinderkamack Road in Oradell, New Jersey in the United States. The hospital was established in 1959 and thrived for many years until it became associated with the "Dr. X" murder trial of former chief surgeon Dr. Mario Jascalevich...
, a private medical facility that had since closed. Further investigation led to the identification of Dr. Mario Jascalevich as the hospital's chief surgeon. While Jascalevich's surgical patients routinely survived, those of a new surgeon were dying at a significantly high rate. This new surgeon, together with directors of the hospital, opened Jascalevich's locker on October 31, 1966 and found 18 near empty vials of curare
Curare
Curare is a common name for various arrow poisons originating from South America. The three main types of curare are:* tubocurare...
, a powerful muscle relaxant that could cause death if not administered in conjunction with artificial respiration.
Trial and jail
Attorney Raymond A. BrownRaymond A. Brown
Raymond A. Brown was an American criminal defense lawyer who represented a wide variety of high-profile clients, ranging from politicians to accused spies, including New Jersey state senator Angelo Errichetti , boxer Rubin "Hurricane" Carter and "Dr...
blamed other doctors at the hospital of framing Jascalevich to cover up their own ineptitude and charged that Farber had conspired with prosecutors to advance their respective careers by pointing the finger of blame at Jascalevich. After Brown subpoenaed the reporter,
Farber testified in the case but cited the First Amendment of the United States Constitution when he refused to turn over thousands of pages of the reporter's notes that the defense had requested, citing a compelling right to protect the identity of the sources used in the articles from individuals who had spoken to him with the expectation that their confidence would be maintained. Time
Time (magazine)
Time is an American news magazine. A European edition is published from London. Time Europe covers the Middle East, Africa and, since 2003, Latin America. An Asian edition is based in Hong Kong...
magazine called the deadlock "a head-on collision between the First and Sixth Amendments", citing the conflict between the reporter's and newspaper's right of Freedom of the Press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
and the defendant's Right to a fair trial
Right to a fair trial
The right to fair trial is an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict voided....
. Trial judge William J. Arnold had Judge Theodore Trautwein
Theodore Trautwein
Theodore Walter Trautwein was an American judge from New Jersey who presided over issues related to release of reporter's notes that arose from the 1978 murder trial of "Dr...
address the issues related to the release of the papers in his role as assignment judge for all Bergen County courts. In July 1978, Trautwein sentenced Farber to six months in jail and assessed fines of $5,000 each day to The Times, saying that Farber had chosen placing "your privilege and your concept of your constitutional rights above the rights of the people of this state and this defendant"
When Farber was about to be jailed, his attorneys filed for an emergency stay on a weekend and New Jersey Supreme Court
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
Justice Morris Pashman
Morris Pashman
Morris Pashman was an American Republican Party politician and attorney who served as Mayor of Passaic, New Jersey before spending 23 years as a judge, 10 of them on the New Jersey Supreme Court...
arrived in his golfing attire to grant the stay. When the full court heard the case the next day, Pashman was the only dissenter as the court upheld the lower court ruling and ordered that Farber serve time in jail. When the court reaffirmed the lower court action in a decision in September 1978, Pashman and fellow Justice Alan B. Handler
Alan B. Handler
Alan B. Handler served as a New Jersey Supreme Court Justice from 1977 until 1999.-Early life:Handler was born in Newark, New Jersey in 1931. He attended Newark Academy and then Princeton University, graduating with a B.A. degree from the Woodrow Wilson School of Public and International Affairs...
were the only dissenters.
With several breaks for appeals, Farber ended up spending a total 40 days in the Bergen County Jail and was not released until October 24 after Jascalevich was acquitted. The New Jersey Supreme Court
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
upheld Trautwein's decision and stripped reporters of shield law protections, though the New Jersey Legislature
New Jersey Legislature
The New Jersey Legislature is the legislative branch of the government of the U.S. state of New Jersey. In its current form, as defined by the New Jersey Constitution of 1947, the Legislature consists of two houses: the General Assembly and the Senate...
responded by passing even stronger shield laws to protect reporters.
Trautwein's actions in regard to Farber have been used as a case study
Case study
A case study is an intensive analysis of an individual unit stressing developmental factors in relation to context. The case study is common in social sciences and life sciences. Case studies may be descriptive or explanatory. The latter type is used to explore causation in order to find...
in both law schools and schools of journalism. Jane E. Kirtley of the Reporters Committee for Freedom of the Press
Reporters Committee for Freedom of the Press
The Reporters Committee for Freedom of the Press is an American nonprofit organization, founded in 1970, that provides free legal assistance to and on behalf of journalists. A number of prominent journalists presently sit on the organization's steering committee, including Dan Rather, and Judy...
cited how "Farber's case roused journalists out of their complacency", noting that "Going to jail for more than a month is significant in anyone's eyes."
In November 1978, the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
refused to take the case, citing the fact that neither the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
or existing state shield laws provide journalists with an absolute privilege to refuse to provide information demanded in a criminal case by a defendant.
Pardon
In January 1982, Governor of New JerseyGovernor of New Jersey
The Office of the Governor of New Jersey is the executive branch for the U.S. state of New Jersey. The office of Governor is an elected position, for which elected officials serve four year terms. While individual politicians may serve as many terms as they can be elected to, Governors cannot be...
Brendan Byrne
Brendan Byrne
Brendan Thomas Byrne is an American Democratic Party politician from New Jersey, who served as the 47th Governor of New Jersey, from 1974 to 1982.-Early life and education:...
issued a pardon to reporter M. A. Farber and ordered that $101,000 in fines be returned to The Times. The paper's attorney, Floyd Abrams
Floyd Abrams
Floyd Abrams is an American attorney at Cahill Gordon & Reindel. He is an expert on constitutional law, and many arguments in the briefs he has written before the United States Supreme Court have been adopted as United States Constitutional interpretative law as it relates to the First Amendment...
, was planning efforts to file for reurn of the additional $185,000 that had been assessed in civil contempt fines.