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Contempt-of-Court Citation Avoided KKAR Manager Responds to Subpoena - Apr 12, 1990 - Omaha World-Herald

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Apr 12, 1990 Contempt-of-Court Citation Avoided KKAR Manager Responds to Subpoena; [Sunrise Edition] David Thompson. Omaha World - Herald. Omaha, Neb. pg. 16

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(Copyright 1990 Omaha World-Herald Company)

Steve Brown, KKAR radio station manager, avoided a contempt-of-court citation Wednesday by taking tapes and transcripts of the station's stories about Franklin Community Federal Credit Union to a federal magistrate.

U.S. Magistrate Richard Kopf said Brown and his attorney, John Mitchell, had shown sufficient reason that the station manager should not be cited for contempt.

Kopf had ordered a hearing Tuesday after Brown did not deliver documents sought in a subpoena issued at the request of Marilyn Abbott and Steven Achelpohl, attorneys for Lawrence E. King Jr. King was manager of the credit union, which federal officials closed in 1988.

The information is being sought for a hearing next Monday on whether King's trial on 40 charges of conspiracy, fraud and federal income tax evasion should be moved from Nebraska. King's attorneys say pretrial publicity will make it difficult to find an unbiased jury.

During the hearing Wednesday, Mitchell told Kopf that on Tuesday, four minutes before Brown was to produce the material, he had filed a motion to block the subpoena. It appeared, however, that his motion was not delivered until after 3 p.m., Mitchell said.

He also said the subpoena was served on Brown personally, raising the issue of whether Brown had to comply. The material is owned by the radio station, Mitchell said.

Mitchell, who heads a corporation that owns KKAR, also said there was a question of the expense of producing the material.

Kopf said a federal law that provides for payments to financial institutions compelled to provide records does not apply to newspapers and broadcasting stations.

In addition, Mitchell said there was a question about whether the station would have to produce tape recordings of its "Talk of the Town" program, which takes telephone calls from listeners. There is no record of when calls related to Franklin were received, the lawyer said.

Kopf said it appeared the material Brown brought to court satisfied the subpoena.

Credit: World-Herald Staff Writer

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