Journalism Department Chairman Robert Zelnick said he is prepared to defend principles that were called into question last week by a Boston Herald article after he accepted a $4,000 payment to testify as an expert witness in a libel case against the newspaper.
The Nov. 9 article questioned Zelnick’s integrity and possible conflicts of interest with his role as a local journalist.
Though he never actually testified, Zelnick said he was both frustrated and mystified by accusations that his participation in the case was unethical.
“I’m a little bit annoyed at this whole thing. People who don’t know anything about the situation are treating it as though there is something vague or sinister about serving as an expert witness,” he said. “It’s widely done, and I have absolutely no idea where the notion got started that it’s somehow unethical.”
Zelnick said he was hired for his expertise in journalism standards by the attorney of a veterinarian who sued the Herald for libel. According to Zelnick, the 1995 article alleged that the vet’s negligence caused a dog’s death, but the vet was never contacted by the Herald reporter who wrote the story. Two weeks ago, the veterinarian was awarded a $225,000 libel judgment against the paper.
According to the American Bar Association’s website, many expert witnesses charge for their services. One article from an ABA general practice newsletter advised clients to “be prepared to pay for expert witnesses, regardless of the outcome of the case.”
Zelnick said he did not want to speculate about why the Herald article was published.
“[The Herald] lost two big libel cases within the past two months, one for over two million and now this one for over 200,000 dollars,” he said. “They are not happy campers, and I don’t blame them, but they ought to look at the quality of their reporting, not at an expert witness who didn’t even testify.”
The Herald reporter, Scott Van Voorhis, declined to comment.
The College of Communication, including Dean John Schulz, is standing behind Zelnick. Schulz said Zelnick did not violate the university’s policy regarding conflicts of interest.
“[Zelnick] is not only a highly accomplished journalist,” Schulz said, “but a professional who adheres to the highest possible standards of personal integrity and professionally ethical behavior.”
Schulz, who has testified as an expert witness in three trials, said he had not received payment in any of the cases.
COM junior Jordana Ossad said her concern was that the expense of hiring an expert witness could be an obstacle for some defendants.
I don’t think it is ethical to pay expert witnesses,” Ossad said, “because some people are unable to afford them to get the edge in a libel case.”
Zelnick said money was not an issue in this case, and had the defendant been unable to afford it, he would have testified for free.
“I didn’t do anything that I’m ashamed of,” he said. “I did something I’m proud of, which is being considered an expert in my field.”