ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Sunday, November 24, 1996 TAG: 9611250192
SECTION: VIRGINIA PAGE: B-5 EDITION: METRO
DATELINE: VIRGINIA BEACH
SOURCE: MARC DAVIS LANDMARK NEWS SERVICE
Pat Robertson entered court Friday facing potentially serious problems: possible contempt of court, a fine, maybe jail time for interfering with a process server and defying a judge's order to turn over his tax returns in a civil case.
He left Circuit Court all smiles - through the judges' private exit.
Judge Edward Hanson Jr. ruled in Robertson's favor on almost every point. Most important, he ruled that Robertson would not be held in contempt, would not be sanctioned by the court, and need not give up his tax returns.
This was a reversal of Hanson's previous ruling. In August, he had ordered Robertson to give his tax returns to three professors who are suing him, claiming defamation.
On Friday, Hanson ruled that Robertson does not have to turn over his tax return - an indicator of his wealth - because Regent University has agreed to pay any judgment that a jury slaps against Robertson personally.
Hanson also postponed the trial until July 1997. It had been scheduled for February.
Robertson appeared for the hearing, though briefly, and said nothing. He entered and left the courtroom through the judges' private chambers. He did not face cameras or the public in the hallway outside.
Hanson refused to let cameras into the courtroom.
Indeed, there was little to film or photograph there. The most important parts of the hearing were held behind closed doors, in Hanson's chamber.
At 9 a.m., when the public hearing was scheduled to start, Hanson summoned the lawyers to his office, without the official court reporter. The lawyers remained there for 40 minutes.
When they emerged, Hanson had made up his mind. He spelled out his rulings in open court. That took 15 minutes, after which all witnesses, including Robertson, were allowed to leave. There were no arguments by lawyers and no testimony.
All witnesses except Robertson left the courtroom through the public door in the back.
Then, Hanson and the lawyers spent an hour discussing questions of evidence. When it was over, Hanson thanked the lawyers for their cooperation. ``I am most mindful of the fact that this could have been an extremely contentious morning, and it wasn't, and I'm grateful for it,'' Hanson said.
Later, lawyers on both sides declined to comment.
``We have been asked not to talk to the press,'' said Jeremiah Denton III, the professors' lead attorney.
``We decided we're not going to discuss the case outside the courtroom,'' said Glenn Croshaw, an attorney for Regent University.
The defamation case involves a scathing letter that Robertson wrote in 1994 about nine rebellious law professors at Regent University. Robertson is Regent's founder and chancellor.
Three professors - Robert Bern, Paul Morken and Jeffrey Tuomala - are suing Robertson and Regent. They seek $10million.
The professors wanted Robertson's tax returns to show a jury his wealth and to suggest punitive damages.
In court on Aug. 23, Hanson ordered Robertson to give his tax returns to the professors by Sept. 13. He ruled that the documents would be held in confidence until the trial.
Robertson did not comply. Instead, he gave the tax returns to his lawyer, who asked Hanson to reconsider.
On Oct. 3, Hanson ordered Robertson to appear in court to explain why he should not be held in contempt for not turning over the tax returns.
This week, the professors' attorneys - Denton and Thomas Harlan Jr. - also asked Hanson to sanction Robertson and his lawyer, Glen Huff, for obstructing a process server who tried to deliver Hanson's order to Robertson last month.
On Friday, Hanson ruled on three major points:
Robertson does not have to give up his tax returns because Regent has agreed to pay any damages. Robertson claims he wrote the letter in dispute as an agent of Regent, not personally.
Robertson will not be cited for contempt of court for not turning over the tax returns earlier.
Robertson will not be sanctioned. Hanson made no mention of the problem with the process server. It is not known if that came up during the conference in Hanson's chamber.
Robertson also won on nearly every smaller point:
The trial was delayed to July 14, over the professors' objection. Hanson set the original trial date of Feb. 3 back in May - nine months in advance, so it would not have to be postponed. On Friday, Hanson said it was clear the two sides would not be ready by Feb. 3.
The plaintiffs cannot serve papers on Robertson personally in the future. All papers will be served to Huff, as Robertson's attorney.
A ``special master'' - lawyer Richard Guy of Virginia Beach - will preside over future depositions, at Robertson's request.
Hanson let Regent add a lawyer, state Del. Glenn Croshaw of Virginia Beach, to his defense team. The professors objected because of Croshaw's obligations in Richmond with the General Assembly.
Hanson ruled against Robertson on two smaller issues: He ordered Robertson to go through three more hours of deposition questioning. Robertson has already sat through five hours in this case.
Hanson also ordered Robertson to answer some written questions from the professors' attorneys.
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