In Photo Case, Writer Wasn't Allowed to Testify in Jury's Presence

november 18, 2009  12:52 pm
Yesterday we told you about the jury's decision in a case brought against a trio of doctors, in which the plaintiff claimed that the plastic surgeons provided before-and-after photographs of her torso to the Riverfront Times without her permission. The story we linked to noted that one of the doctors testified that the photo miscue wasn't his fault, since Times reporter Kristen Hinman had promised not to use the photos and to let him review the 2006 story before publication (The paper, which denied the doctor's claims, was not named in the suit.) That story, however, didn't explain that Hinman wasn't allowed to testify in the jury's presence, due to what Times editor Tom Finkel calls a "bizarre" mid-trial ruling that said doing so would constitute "unfair surprise" and deprive the doctors of a fair trial. The irony, of course, is that the doctor in question was allowed to testify in front of jurors, and he "fed the jury two baldfaced lies" about the alt-weekly, Finkel writes.