ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Tuesday, December 10, 1996             TAG: 9612100107
SECTION: BUSINESS                 PAGE: B-6  EDITION: METRO 
DATELINE: GREENSBORO, N.C.
SOURCE: Associated Press

FOOD LION VS. ABC JURY SELECTION BEGINS CIVIL TRIAL EXPECTED TO LAST SEVERAL WEEKS

With Food Lion President Tom Smith and two ABC producers looking on, a federal judge and attorneys began jury selection Monday for a trial of the supermarket chain's lawsuit against the network.

U.S. District Judge Carlton Tilley's questions to 65 potential jurors ranged from their choice in supermarkets to opinions they have about the news media. A six-person jury was to be selected for the civil case.

Five potential jurors were sent home Monday. One of them, an older man, told the judge be felt ABC ``cheated a little bit'' to get the story.

``I believe it is wrong for someone to take a job with the sole purpose of ruining a company,'' he said.

An older woman told Tilley: ``I do not have a high regard for these shows and the news media in general.'' She also was excused.

Tilley said he would like to pick six alternate jurors for what could be a long and complex trial.

``This trial is expected to take several weeks,'' the judge told the assembled jury pool before he began to question them individually. ``Just how long I can't tell you, but I can assure you it will go through December.''

The judge also told the jury pool that possible witnesses could include ``PrimeTime Live'' co-anchors Diane Sawyer and Sam Donaldson.

Smith, who sat behind Food Lion's four attorneys, also was on the witness list. On the other side of the courtroom, ABC producers Lynn Dale and Susan Barnette sat with the network's attorneys at the defense table.

Food Lion is not suing the network for libel. Instead, the lawsuit alleges that ABC used illegal means such as fraud and trespassing to gather the information for a 1992 ``PrimeTime Live'' hidden-camera expose on Food Lion.

The expose said the supermarket chain sold spoiled meat and made employees work overtime without pay.

Food Lion says its sales, profits and stock price all suffered after the story aired in November 1992. The lawsuit is seeking up to $2.5 billion in damages.

ABC claims network employees did not set out to break any laws.

ABC lead attorney Bill Jeffress said the defense will be that corporations shouldn't be able to suppress the publication of a news story by saying that a news group broke the law to gather its information.

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