McCaw testifies in News-Press labor trial

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER
Santa Barbara News-Press owner and co-publisher Wendy McCaw testified today in the federal hearing into charges of labor law violations at her newspaper, her testimony largely focusing on concerns she had about bias in the News-Press and her right to be involved in all aspects of the newspaper.
McCaw's fiance and News-Press co-publisher Arthur von Wiesenberger took the stand briefly as well, also discussing issues of bias in News-Press stories. Defense attorney Barry Cappello appeared to be wrapping things up this afternoon, announcing he is likely to rest his case tomorrow after calling a few brief witnesses.

Following a brief foray into her background, Cappello delved into the heart of his direct examination of McCaw, asking her why she purchased the News-Press from the New York Times in 2000.
"I saw some opportunity to bring the paper back to local ownership," McCaw responded. "...I think any time there is a local paper, a local owner brings something to the picture that an owner 3,000 miles away can't ... an interest in local matters."
She continued by saying she felt there were not enough local stories in the News-Press. Cappello then asked her to describe the concerns about bias she had regarding the newspaper after she took over as owner.
"I think for a paper to have credibility, the stories need to be neutral," McCaw said. "...Bias interferes with the quality of the product. You don't want a paper dictating to people what they should believe in."
Union attorney Ira Gottlieb questioned her further on that topic of neutrality, asking McCaw who she felt should be responsible for making sure that stories are neutral.
"The reporters should write that way before it even gets published," she responded, adding that editors should not have to get involved in the issue.
As Cappello continued his questioning, McCaw said that although she was initially more involved in the editorial side of the News-Press, she became more involved in the newsroom in 2003 due to her concern that stories were becoming increasingly biased.
"That wasn't the direction I wanted the paper to go," she said. "I wanted the paper to be neutral."
Relying on results of a study of local readers commissioned by the News-Press, McCaw said the fact that 64 percent said they felt the stories were biased demonstrated a serious problem in the newsroom. Prosecuting attorneys have said that figure is consistent nationwide. McCaw testified that newsroom editors did not take any action to eliminate bias following that study despite her urging them to do so.
Under cross examination by National Labor Relations Board attorney Brian Gee, McCaw said she did not play a role in how her writers reported their stories, leaving that up to the editors. She also said she is not aware of any training or guidelines provided for editors or reporters on the issue of bias since 2003.
McCaw said she also had issues with the quality of writing, spelling errors and syntax prior to the summer of 2006. To bring those issues, along with bias, to the attention of then-publisher Joe Cole and editor-in-chief Jerry Roberts, she read the newspaper every day and made handwritten notes, which she would pass along to Cole and Roberts.
"Whenever I would find issues that would bother me, I would write notes," she said.
Cappello presented a series of stories published in the newspaper prior to 2006 with handwritten notes that McCaw identified as her own. Cappello introduced the first as a story by Barney McManigal — over objections by the prosecution to its relevance — dealing with coyotes and asked McCaw why she made notes suggesting it was biased.
"It was anti-coyote," McCaw said. "...McManigal never went to anybody to see what the other side might be to this."
Although Gee later pointed out a paragraph and quote expressing mixed feelings about the killing of coyotes, McCaw said the story was still one-sided. Cappello moved on to an article by Anna Davison about eagles on the Channel Islands. NLRB attorneys are charging the News-Press with firing Davison for her union activity, while the defense maintains she was fired for bias.
On a copy of Davison's eagle article, McCaw wrote, "Anna Davison has been taken in by these guys and only wrote that side of it," referring to National Park Service and Nature Conservancy officials. When questioned by Cappello about the controversy on the islands, McCaw explained recent eradication efforts of nonnative animals to protect other wildlife.
"They're on a killing spree," she said.
On an article by Davison concerning a feral pig eradication effort on the island, McCaw wrote, "Very biased. ... She's become like the reporter before her, a mouthpiece. Disgusting." On a Davison article about island foxes, she noted, "Continuing biased reporting. She's a shill for the feds."
Gottlieb later pointed out areas in the feral pig article presenting a sympathetic view of the pigs, including language such as "unconscionable killing spree" and a quote describing the killing as "horrific." He also noted that the article goes into graphic detail about the method of extermination to be used, but McCaw said she didn't feel that would garner sympathy for the pigs.
Under questioning by Gee, she said although she was not involved in the firing of Davison, she agreed with associate editor Scott Steepleton's decision, explaining that Steepleton understood that she wanted to get the bias out of the newsroom, unlike earlier editors and publishers.
Previously, Cappello attempted to question McCaw about her working relationship with Roberts, eliciting simultaneous objections from Gee and Gottlieb. Cappello argued that he was attempting to prove McCaw had trouble getting Roberts to do as she requested, but Judge William Kocol sustained the objections.
Moving on to issues of bias with Melinda Burns, another fired reporter named in the NLRB charges, Cappello asked McCaw why she viewed a story Burns wrote about Measure D — excerpts of which appeared in a pro-D campaign mailer — as biased.
"If the story was neutral, this group would not have used it in a mailer," McCaw responded. "...The fact that they used any of it in the [mailer] shows that the article was biased."
Cappello moved on to the "Rob Lowe incident," asking McCaw why she felt it was inappropriate to publish the address of a celebrity in the newspaper. She responded that it is an invasion of privacy and presents liability issues to the newspaper if harm comes to a person due to the publication of their address.
"Common sense would dictate that publishing a residential address of a high profile person is not only thoughtless, it can be downright dangerous," McCaw wrote in a reprimand letter to then-managing editor George Foulsham.
As Gee questioned her, McCaw said she had never personally reprimanded anyone prior to the Lowe incident, but felt it was important enough to do herself. She also confirmed that she considers Lowe a personal friend.
Cappello shifted gears to discuss the February 2 incident on the Anapamu footbridge that involves a large portion of the charges in the case. McCaw said she viewed the actions of the employees as disloyal, disparaging and attempting to create financial harm. She also testified that while she wasn't involved in the decision to fire the six employees, she agreed with Steepleton's decision to do so.
Cappello then questioned McCaw as to whether she would consider terminating employees for violating traffic code by hanging a banner on an overpass, a misdemeanor offense. She responded affirmatively and said she would direct Steepleton to take action.
Gee wrapped up his cross examination by asking McCaw what signs she felt disparaged the News-Press product or her personally. McCaw listed the "Cancel Your Newspaper Today!" banner, along with "Banish the Bias" and "McCaw, Obey the Law" signs and buttons.
McCaw's appearance on the stand drew a larger audience than previous days of testimony. An undercurrent of animosity grew among several audience members after they realized a group of employees from Cappello's law firm had filled the front row of the spectator gallery. One reporter asked Judge Kocol if members of the press could be permitted to sit in the jury box. Judge Kocol denied the request and said the gallery provided plenty of seating for everybody.
Prior to McCaw's testimony, News-Press human resources director Yolanda Apodaca resumed her place on the stand as News-Press attorney Matthew Clarke introduced several other performance evaluations from 2005 and 2006 of newsroom employees who received bonuses and actively supported the union.
NLRB attorney Steve Wyllie later questioned Apodaca about those employees, pointing out that those who received improved marks on their evaluations worked in the sports, copy and photo departments and were not evaluated by Steepleton. Apodaca testified that to her knowledge, no one in the news department received a 2006 evaluation with scores equal or higher than their 2005 evaluation.
Von Wiesenberger took McCaw's place in the witness box at about 2 p.m., and Cappello asked him for a brief overview of his background and business experience. Von Wiesenberger described how he served as a bottled water consultant for several large beverage companies and penned books on bottled water and champagne. He also mentioned writing articles on food, wine and travel for various magazines and newspapers.
In 2003, he starting writing for the News-Press largely as a restaurant critic, subsequent to his personal relationship with McCaw. In April 2006, he became co-publisher of the News-Press along with McCaw, he testified. Cappello focused on that timeframe, asking von Wiesenberger if he also addressed issues of bias in the newsroom, to which he responded affirmatively.
Cappello presented two e-mails sent from von Wiesenberger to Roberts outlining a panoply of issues the co-publishers felt were of concern, including bias. The message requested Roberts to stop writing his personal column to make more room for local news as well.
Von Wiesenberger also testified that he felt the story on editorial page editor Travis Armstrong's DUI sentencing was "overkill" and given too much space.
"It reflected to us some sort of animosity [Roberts] had for Mr. Armstrong," Von Wiesenberger said.
After a short cross examination by Wyllie that didn't turn up anything of note, Cappello told the judge he has two or three witnesses remaining. The trial is expected to end tomorrow with testimony from those witnesses, a short rebuttal argument from the federal attorneys and a hearing into subpoena compliance and sanctions requested by Cappello.