www.mozilla.com Hot Stories Weather Central

Temp: 32.0°F

Wind: CALM

Sky: Fair

Headlines

Smith Center survives upset bid -11/20/2009, 12:19 AM

Oil tax idea quickly killed -11/20/2009, 4:04 PM

City will pursue grant for hike-bike trail -11/20/2009, 1:19 PM

Better Business Bureau warns of time-share scam -11/20/2009, 1:19 PM

FHSU students share love of music with kids -11/20/2009, 10:02 PM

Alton holiday store keeps growing -11/20/2009, 1:19 PM

Two arrested in suspected poaching incident -11/20/2009, 11:49 AM

End of an era: Oprah ending show after 25 years -11/20/2009, 11:49 AM

Snakes, spines and students -11/20/2009, 11:49 AM

Trio creates perfect environment -11/19/2009, 1:09 PM

Creating a healthy alternative -11/19/2009, 12:19 PM

Regents: KS needs to consider taxes -11/19/2009, 12:19 PM

Nintendo's Mario endures even as games come and go -11/19/2009, 12:19 PM

Public can preview HAC photo exhibition -11/19/2009, 6:19 PM

2-year-old crushed by gate slowly recovering -11/19/2009, 10:05 AM


Voices

View this site in another language.

SPOTLIGHT
[var top_story_head]

Dodge City reporter, Globe challenging subpoena

Published on -11/5/2009, 7:34 AM

Printer-friendly version
E-Mail This Story

DODGE CITY (AP) — The Dodge City Daily Globe is challenging a county attorney's efforts to obtain a reporter's notes and testimony about a jailhouse interview she conducted with a man charged in a fatal shooting.

Ford County Attorney Terry Malone issued a subpoena to the Globe and reporter Claire O'Brien, seeking details about an Oct. 7 interview with shooting suspect Samuel Bonilla. An Oct. 13 story in the Globe based mostly on that interview included a few statements attributed to anonymous sources.

Bonilla is charged in the shooting over Labor Day weekend of two Dodge City residents, which left one man dead and another wounded. In the interview, Bonilla told O'Brien he acted in self-defense.

Attorney William Hurst, who is representing the Globe and O'Brien, filed a motion Monday to quash the subpoena. O'Brien was scheduled to appear at an inquisition Tuesday, but it was postponed to give Malone time to respond to O'Brien's motion.

Hurst's motion contends that Malone is trying to force O'Brien to become an investigative agent for the government, rather than an independent reporter.

"Under the federal constitution, as construed by the courts of this state, a subpoena that undermines the ability of the press to serve its important public functions without advancing a substantial law enforcement or judicial need should be quashed," the motion says. "That is precisely the case here."

Malone said he subpoenaed O'Brien because he needs more information for an investigation of Bonilla's version of events. He also wants her to identify a source who spoke to the Globe on condition of anonymity.

In his motion, Hurst argues that courts have protected journalists from having to testify when the information sought is not essential to the government's case and when it could easily be obtained from other sources.

A hearing on the motion was scheduled for Nov. 20.

Malone said he and Hurst might be able to find a way to allow him to obtain the information he wants without requiring O'Brien to turn over her notes and testify.

"If Mr. Hurst and I can come to agreements to obtain the information through other means, that may be one way we approach it," he said. "If we can't, then of course we'll be responding that we should be able to go forward with our inquisition testimony."

O'Brien said she is not convinced that Malone needs her notes to obtain the information he is seeking.

"The state can do its job and should do its job and only come to any reporter, expecting her to betray her sources and professional standards, if it's exhausted all other methods," she said. "And I think that there are plenty of avenues open before the state should take such a grave step."

The Oct. 13 story included comments from bail bondsman Rebecca Escalante, who told O'Brien that she would have posted Bonilla's bond if she were not afraid for his safety.

0 comment(s) found

COMMENT ON THIS STORY

Subject:
Comment:
Poster: (your name)
captcha be22ed43e3184310a856be017ae5d39d
Enter text above:

All comments are subject to approval before being posted. Please keep comments constructive and relevant. Opinions certainly can be expressed, but comments that are rude, abusive, slanderous, threatening, sexually oriented, contain profanity or are vulgar will not be tolerated. Comments will not be edited. Any comment that violates the above-listed rules will be deleted.

Discuss this story at MyTown

digg delicious facebook stumbleupon google Newsvine
More News and Photos

Associated Press Videos