The Behrend beacon. (Erie, Pa.) 1998-current, November 05, 1998, Image 6

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    The Behrend College Beacon - Thursday. November 5 , IWS
Page 6-
Two celebrities lose fight t
By David Rosen/.weig
Los Angeles Times
“Bay watch" actress Pamela Anderson
Lee and talk-radio therapist Eaura
Sehlessinger, a staunch advocate of
conservative sexual mores, both lost
court battles Monday to keep nude
pictures of them out of circulation.
In separate cases in federal court,
lawyers for the two women tried to
block a Seattle-based Internet com
pany from disseminating 12 nude
photos of Sehlessinger taken two de
cades ago and a sexually explicit hon
eymoon video of Anderson Lee and
her now estranged husband, rock star
Tommy Lee.
Both personalities had filed mo-
Tales of
By Craig Whitlock
The Washington Post
Capano is a liar and a three-timing
philanderer who wrapped an anchor
around his young lover's corpse be
fore tossing it into the ocean -- this
according to his own defense attor
neys, who are trying to spare him the
death penalty.
On the surface, the odds seem to
be against Capano, a rich bond law
yer and powerful figure in Delaware
politics whose much-publicized mur
der trial began last week. The case has
transfixed Wilmington’s close-knit
political society with its numerous
disclosures of sordid intrigue, includ
ing allegations of multiple mistresses
and hired hit men.
Capano, 49, stands accused of kill
ing Anne Marie Fahey, a 30-year-old
secretary to Gov. Thomas R. Carper,
D. in a jealous fit two years ago be
cause she tried to break off their af
fair. Prosecutors have warn the grudg
ing. cooperation of two of Capano's
brothers and expect them to testify
that they helped him cover up Fahey's
But Capano's defense team
dropped a shocker at the outset of the
trial that further heightened intense
local interest in the case. After deny
ing for two years that he had anything
to do with Fahey’s disappearance,
Capano’s lawyers admitted he
dumped her body from a fishing boat
and lied repeatedly to investigators.
But they still argued that he was
innocent of murder. Joseph S. Oteri,
one of Capano's lawyers, said in his
opening statement that Fahey died in
"an outrageous, horrible, tragic acci
dent.” Furthermore. Oteri said, there
was a mystery witness who was
oresent during Fahey's death and who
could verily Capano's story.
Although Oteri refused to elaborate
or to name the witness, eourt docu
ments and people familiar with the
Five of 10 ‘Most Powerful’
Britain go to Americans
Bv Bill Glauber
The Baltimore Sun
LONDON - Five of the 10 most
powerful people in Britain are
At least that’s the verdict an
nounced Sunday by The Observer
newspaper in its listot Britain’s new
establishment - the 300 movers and
shakers who wield power in this na
While British Prime Minister
Tony Blair tops the list, coming in
at No. 2 is Rupert Murdoch, the Aus
tralian-born American whose world
wide media empire includes a string
of influential British newspapers and
television outlets. No. 3 is
Microsoft's Bill Gates, judged the
"ultimate business role model” for
a government "obsessed with mo
dernity and the information age.”
Other Americans in the top 10 are
tions against Internet Entertainment
Group, whieh hills itself as the No. 1
purveyor of sexually oriented mate
rial on the Web.
Neither Sehlessinger nor Anderson
Lee attended the proeeedings.
In Sehlessinger's ease, U.S. District
Judge Dean Pregerson lifted a re
straining order he had issued Oct. 2d
after Internet Entertainment posted
photos of a bare-hreasied and some
times fully nude Dr. Laura on its Club
Love sex site.
He agreed with company lawyers
that any further court injunction
would be pointless, because at least
five other Web sites had copied the
photos without permission and posted
them on their own sites.
In addition, the company's lawyers
adultery, intrigue
in Delaware murder trial
hit men,
case suggest the defense may try to
pin Fahey's death on another of
Capano’s lovers: Deborah Maclntyre,
a private-school administrator who
had been his mistress for 15 years.
Maclntyre has denied any direct
role in the crime. But she has told in
vestigators that she bought a handgun
for Capano at his request a month
before Fahey died.
“I suspected for a long, long time
that they might try to shift the blame
onto her,” said Thomas Bergstrom,
Maclntyre’s attorney. “It wouldn’t
surprise me at all. But she didn’t do
it. She wasn’t there."
- Thomas J
Capano’s attorneys have suggested
that he might take the stand on his
own behalf but otherwise are keep
ing mum about their strategy. In ad
dition to Oteri, Capano’s high-priced
defense team includes Charles M.
Oberly 111. a former Delaware attor
ney general, and two other prominent
criminal lawyers.
The trial could last as long as two
months, according to the lawyers in
volved. Prosecutors spent the first
week buttressing their portrayal of
Capano as a master manipulator, a
man who alternately browbeat and
charmed his lovers, persuaded his
brothers to help him conceal a mur
der, and through it all somehow re
tained a measure of loyalty from his
long-spurned wife.
Capano met Fahey on Jan. 27,
1994, her 28th birthday. He was a
municipal-bond lawyer with the
Philadelphia-based firm of Saul,
Ewing, Remick & Saul. But he was
better known in Wilmington as an in
fluential Democrat who had been
chief counsel to former Gov. Michael
N. Castle, a Republican.
She was the attractive young sched
uling secretary for Carper, but also the
child of a broken home; her mother
died when she was 9 and she was
raised by an alcoholic father who
drank the family into poverty.
Capano and Fahey kept their rela
President Clinton (7), a key player
in the Northern Ireland peace pro
cess and a role model tor Labor's
return to power; General Electric’s
Jack Welch (9), a top management
thinker; and Federal Reserve Chair
man Alan Greenspan (10), whose
pronouncements move stock mar
kets worldwide.
The Observer wrote that "a new
elite has sprung up to replace the old
Establishment -- with foreign busi
nessmen, celebrities, spin-doctors
and invisible international fund
managers” controlling more of Brit
ons’ lives than those representing the
old pillars of government, church
and aristocracy.
An eight-member panel, led by
longtime Labor politician Roy
Hattersley, made the selections af
ter six months of research with
Britain’s Channel 4.
The list is trendy and top-heavy
World and Nation
said in a legal brief, the photos had
been replicated anonymously at
countless newsgroup sites, making
them accessible to millions of Inter
net users around the globe.
■'Simply stated,” they said, “the
photographs are no longer ‘private
Sehlessinger, author of the best
seller "The Ten Stupid Things Women
Do to Mess Up Their Lives,” still can
pursue her lawsuit against the com
pany. It charges invasion of privacy
and misuse of her publicity.
The photos were taken by
Sehlessinger’s former mentor and
lover, talk-radio pioneer Bill Ballance,
who sold them to the Internet com
pany for "tens of thousands of dol
lars." according to a news release by
tionship a secret but she recorded de
tails in her diary, portions of which
were read in court. In it, she sounds
smitten but also wracked with guilt
about the affair.
"Jesus, how and why did I allow
myself to fall in love w/a married
man???" she wrote in her diary on
Feb. 22, 1995. “I know exactly why:
(he) is kind, caring, responsive, lov
ing, has a beautiful heart, extremely
handsome and was kind and gentle to
me. ... I often fantasize about T. and
me, and how I want to spend the re
maining yrs. of my life w/him.”
The diary describes how Capano
offered to pay rent on her apartment
if she would be his “girlfriend.” He
also bought her expensive clothes and
a large color television and offered to
give her a luxury sports car.
At the same time, Fahey wrote that
Capano could be jealous and posses
sive. In April 1996, she tried to end
the affair because she wanted to con
tinue to date another man she had met,
a young, single bank executive.
But Capano did not go away eas
ily, according to prosecution wit
nesses. Michelle Sullivan, a psycholo
gist who was Fahey's therapist in the
spring of 1996, testified that Fahey
told her Capano was "haunting her,”
that he often showed up at her apart
ment uninvited and called her as many
as 20 times a day. Sullivan also said
Capano threatened to expose the af
fair if she did not agree to keep see-
ing him.
The last time Fahey was seen alive
was June 27, 1996. That night, she and
Capano had dinner at Ristorante Pan
orama, a posh Philadelphia restaurant.
Capano told investigators he dropped
her off at home by 10 p.m.
Two days later, Fahey’s family and
friends reported her missing. The
Wilmington police, Delaware state
police, the FBI and Carper’s security
team conducted an intensive search
but failed to find her.
Capano became a prime suspect
with media people. But it speaks of
a Britain increasingly concerned
with style and its place in an increas
ingly interconnected world. It also
shows that as Parliament has be
come less relevant in the daily lives
of Britons, those in the arts, sports
and fashion have made an impact.
Most of all the list seeks to show
that the old order is out. Queen
Elizabeth II is ranked 30th, while
Prince Charles is 55th. Pope John
Paul II (90) is judged more power
ful than Dr. George Carey, the Arch
bishop of Canterbury (186).
"The Queen just made it to num
ber 30 because, although stripped of
her constitutional power, she re
mains intluential with ministers and
a role model for many of her older
subjects,” Hattersley wrote.
The list is sure to stoke contro
versy. As the newspaper itself noted,
“it still helps to be white, male,
keep nude photos off web
Internet Entertainment Group
Ballance, also a defendant in the
federal lawsuit, was quoted in the re
lease as saying he took the pictures at
Schlessinger’s request in his Holly
wood apartment and in hotel rooms
in Palm Springs, Calif., and the Grand
He said the photo sessions began
one day when Sehlessinger was
prancing naked through his apart
ment, admiring her figure.
"I reminded her that it would not
always be like that and would even
tually start sagging," Ballance said.
“She agreed, and she said, 'l'd like
you to take some photographs of me
the way I am now at the age of 28 so
that I can look hack one day and see
that this is the way I once was.' ’’
right away when Fahey’s sister dis
covered the diaries and learned of the
affair. But he was not arrested until
17 months later, when his youngest
brother, Gerard Capano, confessed to
helping him dump a body into the
Atlantic about 70 miles off New Jer
sey. The body has not been found.
A second brother, Louis, also con
fessed to helping Thomas Capano dis
pose of a rug and a blood-stained sofa
that prosecutors say would bolster
their theory that Fahey was killed in
Capano’s home.
Yet another person has turned
against Capano: his other mistress,
Deborah Maclntyre. After initially
denying that she bought a gun for him,
Maclntyre later admitted to investi
gators that she had lied to protect her
lover. She has also agreed to testify
for the prosecution.
The defections of those close to him
apparently has irked Capano. In let
ters he sent to Maclntyre from jail,
he accuses her of "destroying’' him by
agreeing to turn state's witness.
"I've always protected you and
would never let any harm come to you
because of my love to you,’’ Capano
wrote on Feb. 27. “How could you
destroy the man you say you love who
has always been there for you, always
kept his promise to you, sacrificing
greatly for you. Why?"
Prosecutors cite the letters as evi
dence that Capano’s defense "may
attempt to argue or suggest that
Deborah Maclntyre killed Anne
Marie Fahey on June 27, 1996," ac
cording to court papers.
In one more twist, prosecutors have
charged Capano with trying to hire hit
men from jail to kill Maclntyre and
his brother Gerard. The plot surfaced
in June, when a prisoner told authori
ties Capano offered him $lOO,OOO to
arrange the murders. As evidence, in
vestigators allege that Capano enlisted
the help of his estranged wife, Kay,
to deposit money in the prison com
missary accounts of fellow inmates.
slots in
middle-aged and Oxbridge-edu
cated." Forty-three of the most pow
erful attended Cambridge, while 41
attended Oxford.
Others in the top 10 include Trade
Secretary Peter Mandelson (4),
Chancellor of the Exchequer Gordon
Brown (5), Bank of England Gov
ernor Eddie George (6) and German
Chancellor Gerhard Schroeder (8).
Only seven women made the top
100. The most powerful is Northern
Ireland Secretary Mo Mowlam (28).
The list includes a few curveballs.
Coming in at No. 116 is Curtis War
ren, a jailed drug baron who, it’s
claimed, influenced a new breed of
And coming in at No. 23 is
Alastair Campbell, press secretary to
Blair. Only in modern Britain, it
seems, can a press spokesman wield
more power than a monarch.
Now 51, Sehlessinger has since
become a vigorous proponent in her
daily, three-hour call-in program of
sexual abstinence outside of marriage,
stronger families and Judeo-Christian
values. Her show has surpassed Rush
Limbaugh’s in audience ratings.
After hearing arguments, Pregerson
said he intends to throw out Ander
son Lee’s entire suit because she and
Tommy Lee signed away their rights
to damages in a 1997 out-of-court
settlement with Internet Entertain-
ment Group.
The Lees took the sexually explicit
video while honeymooning. They said
it was later stolen from a locked safe
in their home and sold to Internet
Entertainment Group, which posted it
on its menibers-only Web site.
defamed farmer by
repeating charges
By Maura Dolan
Los Angeles Times
SAN FRANCISCO - In a widely
watched media case, the California
Supreme Court decided Monday
that the Globe, a supermarket tab
loid, defamed a Bakersfield farmer
by repeating a book's false charge
that the man was the real assassin
of Sen. Robert F. Kennedy.
The tabloid, backed by many
mainstream media, had argued that
if it accurately and neutrally re
ported charges being made in a book
or other public controversy, it
should not be held liable.
There are certainly occa
sions when in a heated
public controversy,
charges are being leveled
and the media would be
remiss in failing to report
to the public that those
allegations are being
made, even when the
media do not think they
are true
Joshua Kollun, KhulidKhuwar's lawyer
But the high court disagreed,
unanimously upholding a $1,175
million libel verdict. Khalid
Khawar, a grape and citrus farmer,
was a private figure, and the media
are not protected from libel when
they repeat defamatory information
about private people in otherwise
neutral reporting, the court ruled.
The book in question sold only
500 copies before its publisher with
drew it after Khawar sued. The
Globe sold 2.7 million copies of the
tabloid containing its report.
"There are certainly occasions
when in a heated public controversy,
charges are being leveled and the
media would be remiss in failing to
report to the public that those alle
gations are being made, even when
the media do not think they are
true,” said San Francisco lawyer
Joshua Koltun, whose firm,
Steinhart & Falconer, represented
several media organizations in the
But the court said such reports
would rarely benefit the public
when the allegations are against a
private individual.
“On the other hand, the report of
such accusations can have a devas
tating effect on the reputation of the
accused individual, who has not vol
untarily elected to encounter an in
creased risk of defamation and who
may lack sufficient media access to
counter the accusations,” wrote Jus
tice Joyce L. Kennard.
The ruling is likely to make the
media more cautious when report-
The couple initially filed suit in
state court, contending the company
was guilty of receiving stolen prop
erty, invasion of privacy and using the
video without permission.
In an out-of-court settlement, the
Lees agreed to drop their suit and
waived their future right to sue on a
broad variety of grounds.
David Weeks, attorney for the
couple, argued in court Monday that
the Lees and their former lawyers
thought the agreement applied only
to dissemination of the tape on the
He said no one could have reason
ably envisioned that Internet Enter
tainment would distribute the tape on
videotape, CD-ROM and in hotel
rooms throughout the world.
ing on public controversies involv
ing persons who could conceivably
be viewed as private, rather than
public, figures, Koltun said.
Khawar, who farms 480 acres,
said he decided to file a lawsuit
about the Globe’s 1989 report only
after his family received death
threats, his son’s car and the family
home were vandalized and his
middle son, who was then in eighth
grade, was beaten at school.
“The only good thing that came
out of this case is because of it, my
middle son is studying law,” said
Khawar, a native of Pakistan who
is now a U.S. citizen and has lived
in California about 36 years.
“I am very happy,” Khawar said,
adding that he expects he will win
if the Globe appeals the decision to
the U.S. Supreme Court, which the
publication is likely to do.
Khawar, 59, was at the Ambassa
dor Hotel in Los Angeles when
Kennedy was killed in 1968. He was
working as a photographer that
night for a Pakistani periodical. He
stood on a podium near Kennedy,
hoping to get a good photograph of
the senator and anxious that a friend
also photograph him with Kennedy
for a personal memento.
In a 1988 book called “The Sena
tor Must Die: The Murder of Rob
ert Kennedy,” former CIA contract
agent Robert Morrow wrote that the
Iranian secret police and the Mafia
assassinated Kennedy, not Sirhan
Sirhan, who was convicted of the
The book identified the killer as
a young Pakistani who wore a gold
colored sweater on the night of the
killing and carried a gun concealed
as a camera. Although the book got
Khawar’s name wrong, it contained
four photographs of him in a group
of people around Kennedy shortly
before the murder.
The Globe repeated the allega
tions in a report about the book and
enlarged one of the book’s photo
graphs so that Khawar could be
identified. No one from the Globe
had contacted Khawar for a com-
In addition to suing the Globe,
Khawar also sued writer Morrow
and Roundtable Publishing Inc.,
which had published the book.
Roundtable apologized, withdrew
the books and gave most of the
25,000 that had been printed to
Khawar in a settlement.
Morrow was dismissed from the
case because he had not identified
Khawar by his true name, and
Khawar could not be identified in
the book’s photographs.
In appealing the verdict, the
Globe was joined by the Los Ange
les Times, The New York Times,
CBS, NBC and ABC and other me