North Judge Weighs Action Against ABC : Assails Airing of Testimony, Hint on Eluding Jury Duty

The federal judge overseeing the Iran-Contra case said today he is considering a contempt action against ABC News for a report about the start of Oliver L. North’s trial that used his immunized testimony.

U.S. District Judge Gerhard A. Gesell noted the network’s Tuesday evening news broadcast carried a portion of North’s 1987 testimony to Congress about the foreign policy affair. ABC reporter Tim O’Brien said in his report that anyone seeing that testimony would be excused as a juror.

Gesell said O’Brien “took pains to advise the public that if they looked at (his report with North’s testimony), they’d be excused from jury service.”

“I have not decided whether or not this is the appropriate basis for a contempt action,” the judge said sternly, and he told prosecution and defense lawyers to question potential jurors intensely about their recall of North’s appearance before Congress.

Gesell is dismissing as a juror anyone who acknowledges reading about, watching or listening to North’s testimony to Congress about the 1985-86 U.S. arms sales to Iran and the diversion of profits to the Nicaraguan rebels.

Defends Broadcast

George Watson, ABC’s Washington bureau chief, defended the broadcast, saying, “I don’t see how we can report on issues before the court without going back to the public record of what Colonel North has said on the subject himself.”

“If that causes a problem for jurors, that must be addressed by Judge Gesell himself,” Watson said. “We are very mindful of the rights of Colonel North or any defendant to a fair trial, but we have a responsibility . . . to report what’s happening.”

North, 45, faces 12 felony charges, including lying to Congress, destroying documents and accepting an illegal gratuity. If convicted on all charges, the former White House aide and retired Marine lieutenant colonel faces 60 years in prison and $3 million in fines.

Jury selection resumed today with another 52 potential panelists asked to complete a questionnaire about their knowledge of North’s case.

Eleven people have been selected so far for the final jury pool, a group of about 50 people from which the ultimate panel of 12 jurors and six alternates will be selected.