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Court Upholds Man’s Jailing

April 8, 1998

LITTLE ROCK, Ark. (AP) _ The Arkansas Court of Appeals said today that a judge was right to sentence a man to jail for punching a CNN producer during a 1996 Whitewater trial.

Robert ``Say″ McIntosh of Little Rock, seen on television striking Cable News Network producer Terry Frieden, had argued that the Pulaski County Circuit Court had no jurisdiction in the case because the attack happened on federal property.

He also said the evidence was insufficient to support his third-degree battery conviction. He maintained he was acting in self-defense and Frieden whispered a threat to him.

The appeals court rejected both arguments.

A circuit court jury had found McIntosh guilty of battery and disorderly conduct in February 1997, but could not decide how to punish him. Circuit Judge David Bogard then imposed the eight-month jail sentence and $1,000 fine.

The assault occurred May 28, 1996, during live CNN coverage of the Whitewater-related convictions of former Gov. Jim Guy Tucker and President Clinton’s former Whitewater business partners, James and Susan McDougal.

Frieden told the jury he was trying to keep McIntosh out of the camera’s view when McIntosh punched him four times in the head and upper body.

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