S-R is plaintiff, defendant in state high court cases

The Idaho Supreme Court has set hearings in early April for two cases involving The Spokesman-Review.

In one, the newspaper sued for access to e-mails exchanged by Kootenai County Prosecutor Bill Douglas and his former employee, Marina Kalani.

The second case, a libel suit, was brought against the newspaper and reporter Thomas Clouse by Trent Clark, former head of the Idaho Republican Party.

The newspaper’s attorneys were notified this week to reserve the dates of April 2-6, when the court is scheduled to convene in Coeur d’Alene and Lewiston for arguments. Times and locations have yet to be set.

The newspaper sued for e-mails between Douglas and Kalani, the county’s former Juvenile Education and Training Court supervisor, after allegations that the two were having an affair. Both Kalani and Douglas denied any improper relationship.

District Judge John Stegner ruled in July 2005 that the e-mails were public, rejecting arguments by Douglas and Kalani that the records were private and not “relating to the conduct or administration of the public’s business.”

The release of 889 e-mails was stayed pending an appeal by Douglas and Kalani. Douglas later dropped his appeal, saying the release of the e-mails would “put an end to the rumor, public speculation and undue controversy.”

Kalani continued her appeal of Stegner’s decision.

In the libel suit, Clark alleged Clouse misquoted him in a Feb. 2, 2001, article. The story quoted Clark as saying: “You probably cannot find an African American male on the street in Washington, D.C., that hasn’t been arrested or convicted of a crime.”

A day later, Clark told the newspaper in a written statement that he had told Clouse: “You probably cannot find an African American male on the street in Washington, D.C., who that (sic) doesn’t have friends who have been arrested or convicted of a crime.”

The Associated Press published a slightly different quote from Clark: “I know of no African American males in Washington, D.C., who don’t have at least a couple of friends who have been arrested or convicted of a felony.”

A Kootenai County magistrate judge dismissed Clark’s case. The judge ruled there was no evidence of malice on the newspaper’s behalf. First District Judge Charles Hosack upheld the dismissal in 2005, saying “the gist of the written quote and the gist of the alleged actual statement is substantially the same.”

Clark appealed that ruling.