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Saturday, December 14, 2002

Former prep star files privacy suit


Newspaper published juvenile record

By Roger Alford
The Associated Press

PIKEVILLE, Ky. - A former high school basketball star who was severely beaten by students from a rival school last February, perhaps to keep him out of a tournament, has filed suit against a newspaper that reported the incident.

Jarrod R. Adkins, the leading scorer for Millard High School last year and now a redshirt freshman at Pikeville College, claims the Appalachian News-Express invaded his privacy by reporting in a subsequent article that he pleaded guilty to disorderly conduct for his role in the melee. That article, Mr. Adkins contends in the lawsuit, also cast him in a false light.

"I feel comfortable that the newspaper had a right to report what it reported, and that the newspaper's position here will be vindicated," said Jon Fleischaker, a Louisville attorney representing the paper.

But Ned Pillersdorf, a Prestonsburg attorney representing Mr. Adkins, said the article "gave the misleading impression that my client had done something wrong."

"He was terribly embarrassed," Mr. Pillersdorf said.

Mr. Adkins, now 18, suffered a broken hand and a head injury and was hospitalized for several days after the attack. Several others also were hurt in the brawl that may have involved up to 20 students.

The bones in Mr. Adkins' right hand were crushed - as if broken intentionally, his mother said at the time. Mr. Pillersdorf said several people suspected rival students were trying to keep Mr. Adkins out of a regional tournament, but he said he doesn't know the reason.

"We've always been suspicious that that was the motive," Mr. Pillersdorf said. "We didn't really pursue that. One reason why you resolve cases like this is to close the chapter and move on."

Although juvenile-court proceedings are confidential in Kentucky, the newspaper cited an unnamed court official as the source of information in the article that appeared in June 23 editions. The newspaper said nine juveniles were charged with crimes ranging from assault to inciting a riot.

Mr. Pillersdorf said the newspaper should not have reported information about the juvenile proceedings.

"If newspapers are allowed to print what happens in juvenile hearings, it just totally undermines the benefits of juvenile court," he said. "A very important factor why juvenile court was set up is because it's confidential. You unravel the whole point of juvenile court if it becomes public."

Mr. Fleischaker said newspapers have a right to publish truthful information about what occurs in juvenile proceedings.

"The state can say, as Kentucky does, that records of juvenile court are confidential," he said. "The state, including the court, cannot say the media cannot publish truthful information about what occurs in juvenile court if they otherwise get this information."



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