News

July 18, 2008

Reporters’ subpoenas are tossed

Judge quashed the subpoenas that lawyers for casino owner Louis DeNaples had issued.

By MARTHA RAFFAELE Associated Press Writer

HARRISBURG — A judge threw out subpoenas issued to 15 Pennsylvania journalists who were summoned to testify at a hearing on whether a special prosecutor should be appointed to investigate alleged violations of grand jury secrecy.

Dauphin County Judge Todd Hoover on Thursday quashed the subpoenas that lawyers for casino owner Louis DeNaples had issued to reporters for The Associated Press and five other news organizations.

Hoover is examining allegations by DeNaples’ lawyers of leaks in the investigation that led to perjury charges against DeNaples in January.

The reporters’ lawyers asked Hoover to quash the subpoenas, which were issued last month and sought the reporters’ testimony and documents related to the probe, such as notes, calendars, e-mail messages and telephone records.

The lawyers argued that Pennsylvania’s Shield Law protects journalists from being forced to reveal the identities of confidential sources in legal proceedings.

“We’re pleased that the court has determined that there was no need to seek the reporters’ testimony in this matter,” Gayle Sproul, a lawyer for The AP and The Morning Call of Allentown, said in a statement.

Ted Chylack, a member of DeNaples’ legal team, said he had not seen Hoover’s order and declined comment Thursday.

DeNaples’ attorneys have argued that news stories about the grand jury investigation circulated for months while the secret panel was meeting.

The subpoenas were served on reporters from The AP; The Morning Call of Allentown; The Philadelphia Inquirer; the Philadelphia Daily News; The Citizens’ Voice in Wilkes-Barre; and Roxbury News, a Harrisburg-based Internet broadcast news site.

The state Supreme Court ordered Hoover to hold a hearing to determine whether a special prosecutor should be appointed.

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