ER - Editor files criminal complaint

Editor files criminal complaint
by Diane M. Batley, 9/11/2005

 The police are investigating alleged criminal conduct by political figure Richard Salzman.

An investigation is under way by the Trinidad Police Department after The Eureka Reporter’s editor Glenn Franco Simmons contacted the police regarding Richard Salzman’s alleged use of a false name when he sent e-mails intended to run as letters in The Eureka Reporter.

Franco Simmons filed a criminal complaint against Salzman for California Penal Code 538a that states “Every person who signs any letter addressed to a newspaper with the name of a person other than himself and sends such letter to the newspaper, or causes it to be sent to such newspaper, with intent to lead the newspaper to believe that such letter was written by the person whose name is signed thereto, is guilty of a misdemeanor,” said Trinidad Police Chief Ken Thrailkill.

On Wednesday, Franco Simmons phoned the Trinidad Police Department and told Thrailkill that he had a situation where someone had written letters to the editor in violation of the California Penal Code and that he would like to have it investigated.

Franco Simmons initially phoned The Eureka Police Department and was told by EPD Chief David Douglas to phone the Trinidad Police Department because the e-mails were allegedly sent from Trinidad.

Thrailkill came to The Eureka Reporter and acquired some e-mails as evidence.

“He came, collected the e-mails in question and left,” Franco Simmons said. “As far as I know, he is still in the investigation stage. I understand that by me phoning him and asking for an investigation, I have essentially filed a complaint even though I didn’t sign anything.”

If the investigation proves that enough information in violation of the Penal Code has been gathered, then the department will turn it over to the Humboldt County District Attorney’s Office for prosecution, Thrailkill said.

Franco Simmons decided to contact the police because he felt that the newspaper was a victim of multiple crimes under the Penal Code.

“It does not matter to me who the author of the fake e-mails is,” Franco Simmons said. “What matters to me is that a person be taught a lesson and used as an example for others to see that it just doesn’t pay to send us bogus letters. If you do, we will pursue you legally.”

Warren Tindall admitted to The Eureka Reporter that he sent a letter to the editor of the paper using the false name of Jacques Jacoby. Franco Simmons chose not to pursue an investigation regarding Tindall.

“He did it once and I don’t expect any further bogus e-mails from him in the future,” Franco Simmons said. “However, the person suspected of sending us multiple fake e-mails did it repeatedly. I want to make sure he stops.”

Franco Simmons hopes that the case against Salzman will be filed by the appropriate legal authority and that Salzman be found guilty of sending The Eureka Reporter multiple bogus e-mails.

“Perhaps a fine and/or community service might be helpful,” he said.

Franco Simmons did not know that calling a police department was a formal way to file a complaint. He called because he does not like to be the victim of someone’s “political shenanigans,” he said.

“It is important to me that we have a letter policy that is adhered to not only by us but by our letter writers,” Franco Simmons said. “It hurts the credibility of our newspaper to say that we phone people to verify letters, only to find out that we were fooled. By the way, that phone number the letter writer put down on the letters for us to phone is now disconnected.”

It is important to find out the truth behind this “political skullduggery,” Franco Simmons said.

Franco Simmons does not believe anyone’s confidentiality was compromised regarding e-mails given to the police.

“Letters to the editor are in the public domain; after all, we publish them,” he said.

People such as Benjamin Franklin have written letters in newspapers using fake names.

“Our policy has been no fake names,” Franco Simmons said. “I guess good old Ben had a different editor.”

People who have used false names to write letters to local newspapers are essentially lying to the public, Franco Simmons said.

“The person who wrote the letters from R. Trent Williams’ account was lying as far as I can tell,” he said.

Times-Standard editor Charles Winkler said the Times-Standard will not be filing a criminal complaint as was done by The Eureka Reporter.

“We considered it and quickly rejected the idea,” Winkler said. “The proper role of a newspaper is to report the news not to become a part of it. Also, in rashly filing a criminal complaint in this case a newspaper would then be asked to give up its confidential unpublished material. From my perspective, I can’t imagine any newspaper voluntarily doing that. Such unpublished material such as raw e-mails from the public are specifically protected under state shield laws. It’s also a matter of journalistic integrity and first amendment rights.”

Humboldt County District Attorney Paul Gallegos and Salzman could not be reached for comment.

(Diane M. Batley can be reached at diane@eurekareporter.com.)
Copyright (C) 2005, The Eureka Reporter. All rights reserved

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