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March 2, 2005, 11:28PM

Judge blocks KTRK report on evangelist

Lawyers claim use of document violates privileges

By ROMA KHANNA
Copyright 2005 Houston Chronicle


ORDER GRANTING
TEMPORARY RESTRAINING
ORDER

Lawyers representing KTRK Television are seeking to overturn a Harris County judge's order temporarily barring the station from broadcasting information about a renowned televangelist, calling it an "intolerable" violation of the First Amendment.

Channel 13 reporter Ted Oberg interviewed the founder of Trinity Foundation, a nonprofit that investigates televangelists, in preparation for two stories about Benny Hinn, leader of the World Healing Center Church who recently held a two-night crusade at the Toyota Center. Through Trinity, Oberg obtained a 15-page document from the law firm that represents Hinn's church.

Before the second story aired on Feb. 24, the firm, Brewer, Anthony, Middlebrook and Dunn, convinced state District Judge Jennifer Walker Elrod to sign a temporary restraining order to prevent KTRK from broadcasting any information from the document.

"The law firm's right to maintain its confidential attorney-client privilege ... outweighs the right or need of the defendants to publish or make use of the (document)," read the order Elrod signed following a hearing. KTRK's attorney said they were unaware of the hearing.

State District Judge Kent Sullivan had been scheduled to weigh permanent action on the case March 7, but, at KTRK's request, will have a hearing on the matter today.

KTRK attorney Chip Babcock called the order an unconstitutional attempt to prevent the broadcast of information.

J. Christopher Reynolds, attorney for the law firm, said the documents should be protected by attorney-client privilege.

roma.khanna@chron.com


 


March 3, 2005, 11:27PM

Judge says KTRK can air information on televangelist
By ROMA KHANNA
Copyright 2005 Houston Chronicle



EMERGENCY MOTION
TO VACATE EX PARTE
PRIOR RESTRAINT

(48-page PDF, 4.1 MB)
KTRK Television cannot be prevented from broadcasting information about a televangelist, a Harris County judge ruled Thursday, overturning an earlier order by another judge.

State District Judge Kent Sullivan found that Channel 13 can air information contained in a 15-page document written by the law firm that represents Benny Hinn, leader of the World Healing Center Church.

The firm, Brewer, Anthony, Middlebrook and Dunn, had won a temporary retraining order barring the station from airing information in the document, claiming it was protected by attorney-client privilege.

The television station, however, argued that the First Amendment protects the press from such restrictions.

"Prior restraints on the press strike at the heart of our democracy," said Charles "Chip" Babcock, who represents KTRK, during a hearing Thursday.

Reporter Ted Oberg was doing a two-part series on Hinn, who recently held a crusade at the Toyota Center, when the founder of a nonprofit that investigates televangelists gave him the document. It contains the church's response to questions from the IRS.

Before the second story aired on Feb. 24, the law firm sought a temporary restraining order to prevent KTRK from broadcasting any information from the document. State District Judge Jennifer Walker Elrod found that attorney-client privilege outweighed KTRK's right to broadcast the information.

The second story aired but did not contain any information from the document. Oberg testified KTRK has no immediate plans to air another story about Hinn.

roma.khanna@chron.com


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