|
|
|
DODGE CITY —
A reporter who was subpoenaed to testify Wednesday was found in contempt and fined $1,000 a day by a Kansas judge.
Dodge City Globe reporter Claire O’Brien was supposed to testify about a jailhouse interview and her confidential sources in a murder investigation, and District Judge Daniel Love has ordered her to appear Friday at an inquisition — the Kansas equivalent of a grand jury.
That inquisition has been delayed previously while O’Brien and Daily Globe owner GateHouse Media Holdings II appealed the subpoena on the grounds that forcing O’Brien to testify would violate her First Amendment rights and hurt her ability to gather news.
On Wednesday, Morning Sun Editor and Publisher and Group Publisher for GateHouse’s papers in Kansas Stephen Wade issued a statement stating that O’Brien elected to take a different legal course than has been previously used.
“GateHouse Media Kansas Holdings II, Inc. has vigorously defended the legal interests of Dodge City Daily Globe reporter Claire O’Brien every step of the way, from the inception of the inquisition proceedings all the way through the Kansas Supreme Court’s regrettable decision not to quash the subpoenas, and had an attorney present in the courtroom today, at GateHouse’s sole cost and expense, with the expectation that such an attorney would represent and protect reporter O’Brien’s legal interests at the inquest,” the statement said. “Ms. O’Brien decided to pursue a different course of action this morning, so GateHouse’s involvement in the legal proceedings has, by her choice and her specific demand, ended.”
Ford County Attorney Terry Malone has made requests for O’Brien’s notes from a jailhouse interview with a suspect in a shooting that left one dead and another wounded. Prosecutors also want the identity of confidential sources who suggested that the suspect might be in danger.
On Wednesday, Malone told The Associated Press that he was “frustrated that the reporter did not come to court.” The judge fined O’Brien, not the newspaper.
“We just need to get this over with and move on. I am disappointed we weren't able to do that,” Malone told the AP. “If she wants to refuse to answer that is her prerogative, she would probably be found in contempt of court, but that is the process that should be followed. Not showing up is not the way.”
Kansas Press Association Executive Director Doug Anstaett said that the KPA did not agree with O’Brien’s decision to not appear in court Wednesday.
“We certainly believe the reporter has the right to protect her sources, but she could have done that by appearing in court and refusing to testify,” Anstaett said.
The KPA previously said that O’Brien’s case illustrated a need for Kansas lawmakers to adopt a shield law for reporters, but Wednesday’s action could hamper those efforts.
“If we in the press appear to be totally defiant we run the risk of getting nowhere with the shield law,” Anstaett said.
The Associated Press’ Roxana Hegeman contributed to this report.
A reporter who was subpoenaed to testify Wednesday was found in contempt and fined $1,000 a day by a Kansas judge.
Dodge City Globe reporter Claire O’Brien was supposed to testify about a jailhouse interview and her confidential sources in a murder investigation, and District Judge Daniel Love has ordered her to appear Friday at an inquisition — the Kansas equivalent of a grand jury.
That inquisition has been delayed previously while O’Brien and Daily Globe owner GateHouse Media Holdings II appealed the subpoena on the grounds that forcing O’Brien to testify would violate her First Amendment rights and hurt her ability to gather news.
On Wednesday, Morning Sun Editor and Publisher and Group Publisher for GateHouse’s papers in Kansas Stephen Wade issued a statement stating that O’Brien elected to take a different legal course than has been previously used.
“GateHouse Media Kansas Holdings II, Inc. has vigorously defended the legal interests of Dodge City Daily Globe reporter Claire O’Brien every step of the way, from the inception of the inquisition proceedings all the way through the Kansas Supreme Court’s regrettable decision not to quash the subpoenas, and had an attorney present in the courtroom today, at GateHouse’s sole cost and expense, with the expectation that such an attorney would represent and protect reporter O’Brien’s legal interests at the inquest,” the statement said. “Ms. O’Brien decided to pursue a different course of action this morning, so GateHouse’s involvement in the legal proceedings has, by her choice and her specific demand, ended.”
Ford County Attorney Terry Malone has made requests for O’Brien’s notes from a jailhouse interview with a suspect in a shooting that left one dead and another wounded. Prosecutors also want the identity of confidential sources who suggested that the suspect might be in danger.
On Wednesday, Malone told The Associated Press that he was “frustrated that the reporter did not come to court.” The judge fined O’Brien, not the newspaper.
“We just need to get this over with and move on. I am disappointed we weren't able to do that,” Malone told the AP. “If she wants to refuse to answer that is her prerogative, she would probably be found in contempt of court, but that is the process that should be followed. Not showing up is not the way.”
Kansas Press Association Executive Director Doug Anstaett said that the KPA did not agree with O’Brien’s decision to not appear in court Wednesday.
“We certainly believe the reporter has the right to protect her sources, but she could have done that by appearing in court and refusing to testify,” Anstaett said.
The KPA previously said that O’Brien’s case illustrated a need for Kansas lawmakers to adopt a shield law for reporters, but Wednesday’s action could hamper those efforts.
“If we in the press appear to be totally defiant we run the risk of getting nowhere with the shield law,” Anstaett said.
The Associated Press’ Roxana Hegeman contributed to this report.
