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A Trumped-Up Tempest

Fri Aug 25, 2006 at 08:52:57 AM

Broward Sheriff Ken Jenne won't testify in Donald Trump's case against the developers of the Seminole Hard Rock after a judge admonished the real estate tycoon's lawyers for hyping the case in the press and ordered them to name the Sun-Sentinel reporters to whom they had leaked information.

That's the news from the courtroom yesterday, but the inside story of the Sentinel's role in the imbroglio may be even more interesting. And it begins with the newspaper breaking the story last month that Jenne was going to be subpoenaed in the Trump case. The July 14 article, by reporters Sally Kestin and Paula McMahon, led the Metro section.

"Broward Sheriff Ken Jenne has become ensnared in a lawsuit Donald Trump filed against a former employee who helped another developer build the Seminole Hard Rock Hotel & Casino near Hollywood," the reporters wrote.

The problem was that it seemed a bit trumped-up from the beginning. There was absolutely no evidence that Sheriff Jenne had

Category: Ken Jenne
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Trump Team Ordered To Name Reporter

Thu Aug 24, 2006 at 04:08:44 PM

The judge in Donald Trump's lawsuit against the Seminole Hard Rock Hotel & Casino ordered the real estate and reality TV magnate's legal team to reveal the name of the reporter to whom it leaked information on the civil case.

It really shouldn't have been such a difficult deduction for Streitfeld. The judge was angry about a July 14 Sentinel story that revealed that Trump's lawyers planned to subpoena Broward County Sheriff Ken Jenne to testify in the civil case. There were two bylines on the story, that of court reporter Paula McMahon and colleague Sally Kestin.

The judge's order has already begun to ripple through the South Florida reporting corps -- and it has generally been met with anger and consternation. "I don't want to have to worry in the future that some judge can order the attorneys to reveal the reporter's name they spoke with," one told the Pulp.

A phone call to McMahon has so far gone unanswered and the Sentinel has yet to post a story on the hearing in its on-line edition. The Miami Herald's Roberto Santiago posted this brief story on the Herald site regarding the judge's action.

As a result of Streitfeld's ire over the leak, Trump's lawyers withdrew Jenne's subpoena.

[For latest info, see "Trumped-Up Tempest"]

UPDATED: Trump's lawyers gave up Paula McMahon's name, I've heard. Said one South Florida journo, "Reporters won't give up their sources, so why do attorneys think it's okay to give up reporters?"
Hmm. Good question. Maybe it's because lawyers don't really give a damn about reporters unless they're fulfilling their agenda.

But then again, reporters generally don't demand anonymity and their bylines usually tell on them anyway. And that's one thing that makes this judge's order so ludicrous.

Category: Ken Jenne
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When Is A Correction Not Enough?

Sat Jun 10, 2006 at 02:18:46 PM

It was like any other correction, tucked away on page 2A in Saturday's Sun-Sentinel:

An article and headline on Page 1A of Wednesday's edition incorrectly reported that Broward Sheriff Ken Jenne did not disclose the 2001 sale of a Lake Worth condominium on his income tax return. In fact, the $20,000 sale was reported, and detailed on an attachment that Jenne filed with the Internal Revenue Service. The attachment was left off the publicly available return he filed with the state Commission on Ethics. On Thursday, Jenne submitted the missing documents to the state.

Jenne Under Fire

One might think that the incorrect assertion about Jenne's tax forms was a loose fact in the body of the text, a rather inconsequential bit of copy. But it wasn't. The false claim was the backbone of a story that dominated the front page of Wednesday's Sentinel. The headline: "Sale not reported on Jenne tax filing."

The lead of top investigative reporter Sally Kestin's story read: "Broward County Sheriff Ken Jenne did not report on his income tax returns the 2001 sale of a Lake Worth condominium for $20,000, his financial records show. ... The omission is the latest in a series of revelations about Jenne's finances."

Basically the Sentinel alleged that the sheriff had committed tax fraud. And it was dead wrong.

Jenne's attorney, David Bogenschutz, demanded that a retraction of the story run on the front page, in the same place the original story was published (see this for more about Bogenschutz's reaction). That place, of course, would have been above the fold, and in big bold print.

Now I don't think the Sentinel had to go that far, but it seems to me the newspaper should have offered readers more of an explanation, under a headline, of how it got a story totally wrong. And it probably should have offered an apology to Jenne for alleging he'd cheated on his taxes. It's only fair. If we journalists are going to slam politicians in print -- and Jenne has deserved many slams during the past couple of year -- we also owe them, at the very least, a mea culpa when we accuse them of committing a crime they didn't commit.

So how did the mistake happen? It started with a simple -- and quite innocent -- clerical error made by Jenne and/or his accountant. While the sheriff reported the sale to the IRS, the schedule detailing the condo sale was left off the tax return he filed with the state.

For all practical purposes, it looked like he'd failed to report the sale. And the Sentinel even sent the tax return to an outside forensic accountant for analysis. That accountant should have noticed that there was a missing schedule that corresponded to a number on the 1040. He didn't.

With a false sense of security from the outside accountant, Kestin called Bogenschutz the day before the story was to be published. The lawyer says he told her he would look into it. But the newspaper didn't wait for Jenne's response. It went with the story.

There was a simple, age-old explanation for the impatience to print: Competition. The Miami Herald had been breaking stories about apparently improper loans the sheriff had received from developers. As it was getting beaten, and soundly at that, Sentinel editors decided to put the investigative team on Jenne. And Wednesday's front-page story was the Sentinel's first big scoop on the sheriff.

It was, simply put, a story that couldn't wait. And it was as wrong as these hot South Florida summer days are long. The Sentinel, so eager to make a splash, didn't even add the usual mitigating language. There was no "apparently" or "seems." It stated the false claim as fact, in the lead headline on the front page no less. It's a cautionary tale for all journalists -- and the Sun-Sentinel should have told that tale to its readers rather than treating it like just another factual mistake.

Category: Ken Jenne
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Sheriff's Atty: Sun-Sentinel Story On Jenne Was Bogus

Thu Jun 08, 2006 at 06:16:44 PM

After being beaten soundly by the Miami Herald on coverage of the federal investigation of Sheriff Ken Jenne, the Sentinel took drastic measures. It put its investigative team, which was a finalist for the Pulitzer Prize this year for its coverage of FEMA, on the story. And then came the newspaper's first big front-page scoop.

It was the lead headline for Wednesday's newspaper, bold and above the fold. And it was unambiguous: "Sale not reported on Jenne tax filing." The lead of top investigative reporter Sally Kestin's story: "Broward County Sheriff Ken Jenne did not report on his income tax returns the 2001 sale of a Lake Worth condominium for $20,000, his financial records show. ... The omission is the latest in a series of revelations about Jenne's finances."

Basically the Sentinel was alleging that the sheriff had committed tax fraud.

The problem: The story wasn't true, according to Jenne's lawyer, David Bogenschutz. The version of Jenne's tax returns obtained by the newspaper from his financial disclosure forms was simply missing a schedule of the condo sale. It was a clerical error made by an accountant, said the lawyer.

Bogenshutz sent the newspaper a copy of the schedule today along with what he termed a "blistering letter" for an article he termed "totally damaging, totally false, and probably defamatory."

So why didn't the lawyer correct the newspaper before it went to print?

"When the Sun Sentinel talked to me about it initially I had no idea what [Kestin] was talking about," he explained to the Pulp. "I said I would find out what I can about it and call you tomorrow. The next morning the story ran. And that morning, I actually saw the entire tax return."

Expect a correction in tomorrow's newspaper, though not one quite like the one envisioned by Bogenschutz. He demanded that a retraction of the story run on the front page, in the same place the original story was published. "The thing that upset me was that the story was written in such a declaratory fashion," says the sheriff's lawyer. "Instead of saying it appears as though he might not have reported the sale, they said it outright. It was, 'Here's Ken Jenne committing a felony.' I thought the journalism was suspect."

I feel for Kestin and her editors. The conditions were ripe for this kind of thing to happen, especially with the heated competition from the Herald. Once it's all said and done it's going to be a journalistic cautionary tale for the books.

Category: Ken Jenne
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The Littlest Rally

Wed Jun 07, 2006 at 03:12:02 PM

Got this e-mail just now that the Broward County AFL-CIO will hold a rally tomorrow morning to show support for ...
Sheriff Ken Jenne.

That's right. S-U-P-P-O-R-T.

To wit:

June 6, 2006

To All Concerned:

There will be a rally of support for Sheriff Ken Jenne on Thursday, June 8
From 7:30 AM to 9:30 AM.

The rally will be held in front of the Broward County Public Safety Building
At 2601 W Broward Blvd.

Please make every effort to show up and support a longtime friend of Labor.


After the rally, they're gonna pull out a syringe and put the sheriff down in a gentle and humane way. Somebody's got to show the man some mercy.

Category: Ken Jenne
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Pulp Brings Down City Manager

Wed Jun 07, 2006 at 09:42:00 AM

Okay, that header may be overstating things just a bit, but you read about Deerfield Beach City Manager Larry Deetjen's racist airport blow-up here first. Let's face it, Larry Deetjen brought down Larry Deetjen. The Sun-Sentinel's Susannah Bryan tells us this morning of Deetjen's six-month suspension which was hastened by the NAACP. Here's an alternative version. Three observations:

1. I'd love a six-month suspension with pay. Right now.
2. Other than Deetjen loyalist Mayor Capellini, the only other commissioner to support the city manager was Sylvia Poitier, who is black. Makes you wonder what she's got going on, don't it?
3. Deetjen is done as city manager. Don't expect him to ever regain the position.

Ken Jenne Watch
The front-page story by Sally Kestin in the Sentinel on Jenne failing to report the $20,000 sale of a Lake Worth condo in 2001 on his income tax forms was jaw-dropping. I mean, $20,000 for a condo in South Florida? Takes you back, don't it?

Whoa Eddie, Whoa
The story in the Miami Herald about the motorist who escaped "alligator-infested" waters touched off my WTF? alarm. Reporter Ashley Wilson begins her story about Eddie Melendez plunging into a canal on Alligator Alley this way:

"Eddie Melendez was driving home to Miami from Tampa early Tuesday when a huge tractor-trailer passed his car, causing it to jolt on the roadway."

Look, man, if there was a crash every time a huge tractor-trailer passed a car and caused it to jolt a little, we'd have to shut down the American highway system. Here's how the hapless Melendez describes it:





''I felt an air drift push me aside,'' he said. "I skidded across the median and four lanes. I tried to use my emergency brakes and everything. I broke the fence and went into the canal. The next thing I know, I feel water through my legs.''

That may be the worst driving I've ever read about. But give Melendez credit. He made it out of the canal even though he lost his glasses and was legally blind at the time. (You wonder if he actually lost his spectacles before the accident). On top of that, he valiantly made it to his job at Wendy's later the same day.

And Finally ...
This Jose Lambiet column in the Palm Beach Post is just jammed with juice. Lambiet proves week in and week out that behind every great fortune there's a great story.

THIS JUST IN: This letter from a Houston Press reporter who says he's being blackmailed was just posted on Romenesko. Anybody have any advice for the poor fellow? If somebody stole my Yahoo e-mails, they wouldn't find anything much worth blackmailing me over. (Everybody dabbles in white slavery a little, don't they?) But still, sounds pretty nightmarish.

Category: Ken Jenne
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Hey Brother, Can You Spare 20 Grand?

Fri Jun 02, 2006 at 08:11:38 AM

The Palm Beach Post was dominated today by the wrong tense. On the front page is a huge headline, "Property Values Have Risen An Average Of 21 Percent ... WHAT'S DRIVING THE SURGE?" The website headline: "PBC property values shoot up 21 percent." Apparently they didn't read their own story. At the top of his article, Tony Doris writes: "Property Appraiser Gary Nikolits cautioned Thursday that the just-released tax roll estimate reflects last year's property sales and appraisals. He said recent trends portend the close of an era of record-breaking real estate appreciation." Why didn't the Post heed Nikolits' caution before they misled their readers? Then they would have written: "WHAT DROVE THE SURGE?" and "PBC property values shotup." But, golly, that sounds like old news, don't it?

In John Dorschner's story on a breast-job surgeon's conviction on fraud charges, they put the raw indictment right there for all to see. Tom "The Convergence King" Fiedler's newspaper does this occasionally. It's a good thing.

If you're in dire straits, like you can't pay your mortgage or your tax bill, call developer Philip Procacci. He'll fix you right up, just like he did Ken Jenne with that $20,000 loan. "Somebody in need, he's that kind of a guy," lawyer Michael Colodny told Buddy Nevins for his story in the Sun-Sentinel. Gee, and some of us cynics thought the freebie loan had something to do with the fact that Procacci relied on BSO to rent out some of his buildings. He's just a sweetheart, this guy.

Check out Barry Epstein's radio show on WWNN 1470 AM radio Friday morning at 10 a.m. The Pulp man is going to be on there talking about Deerfield Beach.

Category: Ken Jenne
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