DATE: Saturday, August 30, 1997             TAG: 9708300404

SECTION: FRONT                   PAGE: A1   EDITION: FINAL 

SOURCE: BY MARC DAVIS, STAFF WRITER 

DATELINE: VIRGINIA BEACH                    LENGTH:  103 lines

ROBERTSON MUST REVEAL JUSTICE'S NAME IN LIBEL CASE IDENTITY MAY HAVE BEARING ON EX-PROFS' SUITS

Pat Robertson must reveal the name of the U.S. Supreme Court justice who allegedly referred to lawyers suing Robertson for libel as a ``bunch of screwballs,'' a judge ruled Friday.

The Supreme Court justice allegedly made the remark to Robertson in a private conversation last year. Robertson has refused to name the justice or divulge exactly when the conversation took place.

On Friday, however, Circuit Judge Edward W. Hanson Jr. ordered Robertson to reveal the justice's name. He ordered Robertson to sit for a 30-minute deposition - questioning under oath - to reveal the name, when the conversation took place and what was said.

That sets up a potential confrontation if three former Regent University professors who are suing Robertson try to force the Supreme Court justice to testify in their cases.

Hanson warned the professors Friday that they probably will get a fight in Washington if they try to take the Supreme Court justice's pretrial deposition - and that could delay the case even longer. The case has been pending three years and a trial is scheduled for April.

``I'll let you do it,'' Hanson told the professors' attorney, Jeremiah A. Denton III, ``but you may risk slowing up the process and causing an even broader angle of publicity for this case.''

Earlier in the hearing, Hanson scolded Denton for trying to turn the case into a ``circus.''

``Mr. Denton, it seems like the more I try to quiet down this case, the more you try to make a circus of it,'' the judge said.

Hanson said he previously balked at ordering Robertson to reveal the Supreme Court justice's name because he wanted to ``quiet down this case.'' But Hanson said he later had second thoughts.

``It may be they're entitled to do it,'' Hanson remarked.

At the same hearing Friday, Hanson refused to remove himself from the case. Denton had accused Hanson of bias in favor of Robertson.

The lawsuit centers on a scathing letter that Robertson wrote in February 1994 about several Regent law professors.

The controversy began when Robertson fired law school dean Herbert Titus in 1993. Most of the school's faculty and students rallied behind Titus. Some complained to the American Bar Association.

In response, Robertson wrote a letter to one law professor and urged him to share it with colleagues. It was posted on a school bulletin board and later published in The Virginian-Pilot.

In the letter, Robertson accused the professors of trying to cripple or shut down the law school. He compared them to suicide cult leader Jim Jones and the Branch Davidians.

Robertson wrote that the professors were ``not capable teachers of law,'' ``second-rate legal minds,'' ``inept as lawyers'' and ``extremist fanatics.''

Three professors - Paul J. Morken, Roger C. Bern and Jeffrey C. Tuomala - sued Robertson in 1994, accusing him of defamation. Only Morken's case remains in Virginia Beach court. The other two are now in federal court.

Titus also sued Robertson for defamation over the letter, but that case was settled last year. The terms of the settlement were not disclosed.

Robertson first revealed during a pretrial deposition in October 1996 that he had talked with a Supreme Court justice. Robertson was discussing the Regent rebellion.

``I talked to the Supreme Court justices, who don't understand what was going on with this bunch of screwballs, but that's neither here nor there,'' Robertson remarked.

``Who are you calling a bunch of screwballs?'' Denton asked.

``That's his statement, not mine,'' Robertson said, apparently referring to a Supreme Court justice.

``What Supreme Court justice?'' Denton asked.

``I will not say,'' Robertson replied.

The justice's identity might be important in the case. The professors want to know how far Robertson has spread his alleged defamation. If it has spread as far as the U.S. Supreme Court, that could be extremely damaging to the reputation of a lawyer and a law professor.

In March, in another deposition, Robertson hinted at who the Supreme Court justice is.

Under questioning, Robertson refused to say exactly when he talked to the justice, but agreed that it was ``a few days after the Titus settlement.'' Robertson refused to reveal the date of the conversation ``because that might identify the Supreme Court justice.''

Given that timetable, it is possible the justice was Clarence Thomas. He appeared at Robertson's Founders Inn on Sept. 10, 1996 - three weeks after the Titus case was settled.

In fact, Thomas entered the Founders Inn ballroom that day with Robertson. It is not known what Thomas and Robertson discussed that day.

At the Supreme Court Friday, a public information director said Thomas could not be reached for comment.

In any event, Robertson has said that the Supreme Court justice was not referring to the professors when he used the phrase ``bunch of screwballs.'' He said the justice was referring to Titus and his attorney.

``There was no discussion whatsoever of these plaintiffs. None,'' Robertson said in his March deposition.

In the same deposition, Robertson insisted he would not identify the justice because ``it would set up another lawsuit for Mr. Titus.'' Titus could sue Robertson again if he thinks Robertson defamed him to a Supreme Court justice. The statute of limitations for defamation is one year.

While Judge Hanson ordered Robertson to reveal the justice's name, he also ordered the name to be sealed until a hearing on how to proceed. ILLUSTRATION: Color photo

Pat Robertson, top, was ordered by Judge Edward W. Hanson Jr., to

name the justice who commented on a lawsuit.

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