
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, November 29, 1994                   TAG: 9411290107
SECTION: VIRGINIA                    PAGE: C-1   EDITION: METRO 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Medium

PHILIP MORRIS SEARCHING FOR 'DEEP COUGH'

Philip Morris Cos. Inc. has launched a barrage of subpoenas in an attempt to locate ``Deep Cough,'' the label given a person who has alleged that cigarettes are spiked with nicotine to hook smokers.

The company has issued subpoenas to airlines and rental car, credit card and telephone companies in an effort to track the ABC television reporters who worked on a story the network ran on its ``Day One'' program. The program in question alleged that the country's largest tobacco manufacturer put unusually high levels of nicotine in cigarettes.

Philip Morris has denied spiking cigarettes and filed a $10 billion lawsuit against ABC this year in Richmond Circuit Court. The city is the home of the company's largest cigarette plant.

The cigarette maker hopes the reporters' travel and phone records will lead its lawyers to ``Deep Cough,'' a former manager of R.J. Reynolds Tobacco Co. who made the allegations. The company said it must have the opportunity to question ABC's sources since it has the burden of proving malice.

ABC has responded that it should not have to reveal the source, especially in light of other segments of the story in which on-the-record sources made essentially the same allegations.

Richmond Circuit Judge T.J. Markow is to hear arguments Jan. 6 on whether ABC must disclose its sources and, if not, whether Philip Morris can enforce the subpoenas and attempt to find them indirectly.

Philip Morris has said in court papers its investigation indicates the source is a woman.

``By disguising her in bulky clothing, presenting her in darkened silhouette and distorting her voice, ABC gave `Deep Cough's' statements the aura of an insider's revelation,'' the company said.

``These dramatic devices were intended to, and did, leave viewers with the impression that a knowledgeable manager from within a major tobacco company was publicly admitting that her company and others `spike' or `fortify' cigarettes with extraneous nicotine. They also implied that `Deep Cough's' account should be credited because she was willing to risk all for the `truth.'''

Philip Morris said that without ``Deep Cough,'' the network's accusation ``would have no appearance of substantiation ... ABC was acutely aware that without `Deep Cough,' its `Day One' `expose' would have been Deep Yawn.''

by CNB