“There is a sworn statement from her former roommate that he helped her mail the anonymous documents,” O’Leary added. “He made this statement this past month only after having a falling out with the accused person. The accused is known to be a very clever and not always truthful person. She is very active in the community and even ran for mayor in last spring’s election, being soundly defeated.”

O’Leary received at least 10 responses, with most advising her to publish the information — albeit cautiously — as a matter of public record. A couple of the respondents referred to the 10 questions developed by the Society of Professional Journalists and the Poynter Institute for Media Studies presented by Garrett Ray at the recent ISWNE conference.

“The records you have in your possession are public records and despite the statue of limitations, the documents are public records forever,” said Anna Marie Gonsalves, publisher of The Valley Voice in Hellertown, Pa. “Be sure to say why the DA isn’t filing charges and get a statement from the DA. Ask the DA if the statue of limitations did not expire would he/she file charges. This person is a public official and therefore fair game, and it seems this person is still attempting to win public office. You can also get a statement from this person, that’s always fun.” A similar response was received from Brad Martin, editor of the Hickman County Times in Centerville, Tenn.: “I think it’s an easy decision to publish what you’ve got, with some obvious care to be taken.

Based on the information you provided, it appears that the police have developed information that is sufficient for criminal charges — but none can be filed because, the DA says, the time has expired. That’s a major part of the story — why did it take so long to make this decision? With 54 pages of incident reports, that indicates that things have been cooking for some time. “I would have as much interest in what seems to be procedural problems, and I would in reporting the information that you possess. And, surely, the citizens who received anonymous documents would like to know more about what’s going on.”

Martin did advise not to publish a story without charges being filed. He recommended seeking comment from the public official regarding her position on the matter and asking the sheriff for his thoughts on a case that can’t be prosecuted. Donna Remer, executive editor of five weekly newspapers in Michigan, said if the district attorney would say on the record that charges should be filed but that the statute of limitations prohibits it, O’Leary would have enough for a story. “You could use the supporting documentation to fill out the story and, of course, get a comment from the accused,” Remer said. “If the DA won’t go on record, then it’s more difficult. Especially since the validating source is suspect. Witnesses have been known to change their story. And scorned ‘roommates’ are especially likely to do so.

“I’d go with what the DA says and if that doesn’t work, try going to the suspect and ask her straight out. You never know, you might get something. If neither of those works, I don’t think I’d risk running with the story and possibly damaging someone’s reputation on the basis of a doubtful allegation from a former roommate. If it’s not good enough for the DA to go on record, I’d be worried.”

Steve Thurston, coordinator for professional writing at Montgomery College in Rockville, Md., also recommended giving the county supervisor a chance to explain herself.

“I wouldn’t worry about hurting the woman because you aren’t out to get her: she might have a perfectly valid explanation (remember: the DA is trying to find evidence to convict, and since this case is over the timeline, that office may not have looked too hard for exculpatory evidence — why waste time on a case they can’t prosecute?),” Thurston said. “And make sure you find out from the DA why that office didn’t pursue this sooner,” he added. “Talk with elections people and report whether the alleged problems were criminal or clerical in nature. Someone, it looks like, screwed up: the woman, the DA, and even (no offense) the paper who might have assigned reporters to look into campaign finance sooner. Does anyone else in town ever look into campaign finance, and does your paper plan to get into it now?”

Bob Estabrook, editor and publisher emeritus of The Lakeville (Conn.) Journal, said the answer to the dilemma depends on the news peg.

“Did you publish a news story about the fact that the DA decided that charges ought to be filed but could not because of the statute of limitations?” Estabrook asked. “That would be a legitimate reason to bring in the incidence reports, which I assume are public records like a police blotter. Can you publish the sworn statement of the former roommate that he helped her mail anonymous documents in apparent violation of the election laws?”

Estabrook said the ethical issue could be satisfied by (1) asking the accused person for an explanation and (2) making clear in the story that a person is legally innocent of any such charges until and unless proved guilty.

“But it seems to me that you, as an editor and keeper of the community conscience, have a duty to notify the public about apparent persistent violations of the election laws, and I think you can do so without giving grounds for libel action,” he said.

Judy Johnson, editor of The Times of Acadianain Lafayette, La., said if the charges are a matter of public record, O’Leary would be safe to publish a story. “But, since the charges are so old, you could be accused of (and sued for) sensationalizing the incident,” she said. “Is no one filing civil charges against this person? That’s why most of the priestly abuse cases come to light in civil court; the statue of limitations had expired by the time the children are old enough to come forward.”

Carl Conley, editor of the Island Sand Paper in Fort Myers Beach, Fla., also warned of legal consequences.

“The law does say one is considered innocent until proven guilty,” Conley said. “Though the standards for publication may be less than that used in a courtroom, incident reports are still only reports — not proof. I’d be careful on this turf if only for the sake of avoiding a possible libel suit and the attendant hassle and expense.”

On the flip side, Goodloe Sutton, editor and publisher of The Democrat-Reporter in Linden, Ala., would come out with his guns blazing.

“What a wonderful opportunity!” he said. “You can print the first week that you have hints of this information and tease your readers. Report in that story you are researching court records and other sources and watch for more developments next week. This way you can stretch the story out a long time...

“Use all the information you can attribute or prove. Then ask the [county supervisor] about the data you have that you cannot prove. All you are doing is asking her about allegations, and her response is fair game. Also, in Times v. Sullivan, the U. S. Supreme Court ruled that newspapers can say anything they want to about a public figure. Call your press association for a copy of that ruling. Along about the third or fourth story as you wring this one out for all it is worth, quote Times v. Sullivan.

“It is important that you be aggressive. Down the road, this pays off by letting opponents of the free press realize that they will be held accountable, too.