ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Wednesday, December 11, 1996           TAG: 9612110040
SECTION: BUSINESS                 PAGE: B-5  EDITION: METRO 
DATELINE: GREENSBORO, N.C.
SOURCE: Associated Press

FOOD LION TAKES ABC'S HIDDEN CAMERAS TO COURT

Hidden-camera journalism went on trial Tuesday in a closely watched lawsuit brought by Food Lion over an ABC ``PrimeTime Live'' expose that accused the supermarket chain of selling rat-gnawed cheese and spoiled chicken.

Seeking $2.5 billion in damages from the network, Food Lion is suing not for libel but for fraud and trespassing, accusing two ABC producers of using illegal tactics in going undercover to get the story in 1992.

The case could help open a new line of legal attack for companies burned by hidden-camera exposes. The question is whether reporters have the right to pose as employees of the company they are investigating.

Robert Sack, a First Amendment lawyer in New York, said corporations and the news media are watching.

``Reporters don't always get news by being wholly up front and forthcoming,'' said Sack, whose clients include The Wall Street Journal and Newsday. ``It is likely that important law will be made by this case precisely because some variant of this form of behavior is part and parcel of what reporters do to get the truth.''

ABC's report accused the supermarket chain of unsanitary practices such as selling cheese that had been gnawed by rats and spoiled meat that had been washed in bleach to cover the odor. The Salisbury-based chain denied the allegations and sued.

Food Lion attorney Andrew Copenhaver told the jury in his opening statement that the two ABC producers had no intention of working for the supermarket and spent their time on the job looking for incriminating evidence, even encouraging or creating some of the bad conditions seen in the report.

Copenhaver accused the producers, Lynne Dale and Susan Burnette, of lying to get their Food Lion jobs.

He said the women were equipped with what he called ``spy rigs'' - hidden cameras in their wigs and recorders in their bras.

ABC doesn't deny any deception but contends there was no fraud or trespass, said ABC attorney Bill Jeffress. ``They did do their jobs. They faked nothing. They committed no fraud, no trespass or breach of duty,'' he said.

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