Federal Judge Denies Transcript Access to Memphis 'Commercial Appeal'

By: A federal judge ruled Tuesday that a Memphis, Tenn., newspaper cannot get transcripts of wiretapped conversations by former state Sen. John Ford that were gathered during a public corruption investigation.

Judge Todd J. Campbell ruled that giving The Commercial Appeal the transcripts would violate the privacy rights of people whose conversations with Ford were recorded even though they aren't involved in the criminal case.

"I'm concerned about some unnecessarily being exposed to ridicule," Campbell said during a two-hour hearing. Ford attended the hearing but declined to talk to reporters. "I have absolutely no comment ? today, tomorrow or ever," he said with a smile. Trial begins next month.

The transcripts were sealed by Campbell in August during Ford's unsuccessful bid to toss out the wiretap evidence before he is tried next month on charges that he took $800,000 in consulting fees from a state contractor while he was in the legislature.

A lawyer for The Commercial Appeal had argued the public and press have a constitutional right to the transcripts of the recordings because courts should be open. "This gets ramped up even further when what goes on in court is a criminal case of public corruption," attorney Brian Faughnan said.

Ford's lawyer, Isaiah Gant, argued that releasing the transcripts would jeopardize Ford's right to a fair trial.

"There's a whole witch's brew of things that have to be balanced," Campbell said. He cited in his ruling a federal statute that regulates the use of wiretap evidence.

Prosecutor David Rivera didn't support or oppose the newspaper's efforts to get the documents but suggested the matter might better be handled by a federal judge in Memphis who also sealed the documents during the Tennessee Waltz investigation.

"That court is well aware of all matters that pertain to this issue and whether there is an ongoing investigation. I don't know if there is," Rivera said.

The hearing revealed a few details of what's in the transcripts.
"There are matters that can be of an embarrassing nature, possibly scandalous, to third parties who haven't been charged and may never be charged," Rivera said. Campbell said some of the conversations involved personal relationships and children.

An earlier court hearing showed that at least one of the transcripts relates to a conversation between Ford and his brother, former U.S. Rep. Harold Ford Sr.

John Ford was convicted in April of taking $55,000 in bribes during the Tennessee Waltz investigation. He is to begin a 5?-year prison sentence in December.