Former New York Yankee Joe Pepitone asked...

Former New York Yankee Joe Pepitone asked that a drug and weapon indictment against him be dismissed, saying a newspaper story using secret grand jury testimony established his guilt in the case.

Defense lawyer John Kelly cited a “clearly inflammatory” story in the New York Daily News on Sept. 4 in which one of the men arrested with Pepitone was quoted as saying that the former ballplayer had been carrying a bag containing cocaine at the time of the arrest.

Acting Supreme Court Justice Luigi Marano in Brooklyn reserved decision in the case until Oct. 8, but, in response to a request by Kelly, ordered the Daily News reporter, Daniel Hays, who was present in the courtroom, not to write any more stories based on the grand jury minutes he saw.