The California State Supreme Court on Wednesday denied a petition from the Independent and staff photographer Paul Wellman asking the court to review a Santa Barbara County Superior Court judge’s decision to hold the paper and Wellman in contempt of court for not handing over photos Wellman captured following a murder on State Street March 14 of last year.
The decision to not hear the case, similar to the choice made by the Court of Appeals, means the paper and Wellman have run out of avenues to appeal Superior Court Judge Brian Hill’s November decision. Public defender Karen Atkins asked the paper via subpoena for any photos taken on State Street March 14, the day 15-year-old Luis Angel Linares was stabbed to death during a gang melee. Atkins is defending Ricardo Juarez, who was 14-years-old at the time, and is being charged as an adult for the murder of Linares. Many media outlets, including the Independent, covered the event. The Santa Barbara Daily Sound—after a fight—and the Santa Barbara News-Press both handed over their photos. It is unclear whether or not television stations handed over video from the day of the incident.
Wellman took roughly 350 photos in the hours following the incident. Mike Cooney, attorney for the Independent, received an e-mail notification informing him of the decision. “I’m not surprised,” he said. “Even though I’m devoted to the concept the subpoena was overbroad, it’s difficult for appellate courts to review during criminal proceedings.” Wellman, who potentially faces imprisonment if he continues to ignore the demands of the court, and the paper, which faces fines, hasn’t yet decided what to do.
In explaining at the time of his decision to find Wellman and the paper in contempt, Hill said, “Any one of these photographs might cause the defense to rethink the way they were preparing (their case). Though California has a Shield Law to protect reporters and photographers in the media, it doesn’t extend to every situation." According to one precedent-setting case, Delaney vs. Superior Court, there are four factors which go into determining whether photos are protected by the Shield law, including whether or not the information was sensitive or confidential. “It seems to me all of those factors lead to favoring the publication of all those photos,” Hill said in November.
After Atkins, who couldn’t immediately be reached for comment, informed the court Thursday morning of the high court’s decision, Hill set a hearing for March 20 at 10:30 a.m. to address the contempt issue.
UPDATED:The publisher of the Santa Barbara Independent, Randy Campbell, had the following written response to the Supreme Court decision:
“Although we are sympathetic to the Public Defender aggressively representing her client, it is disappointing and infuriating that the lower court apparently thought so little of the legal rights extended by the citizens of California specifically to the press as to ignore them.
“Judge Brian Hill’s original decision is overbroad, while the law is specific and requires procedure which was not followed. That the appellate courts choose not to overturn Hill’s original decision – seemingly without even reviewing the actual facts of this case or the particulars of the law – likely establishes an invasive and potentially precedent-setting intrusion into the difficult and delicate process of gathering news in an open society.”
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Ok I am going to ask the question: Why would one NOT want to furnish the photos to the cops, DA, defense? It seems anything that would add more information to help define what happened would assist in justice being served. What do the reporters and photographers need protection from?
Is it their property and they feel they should be compensated for it?
Maybe I missed something or am naive, but I don't get it. Fine call me names.
bimboteskie (anonymous profile)
March 14, 2008 at 11:59 a.m. (Suggest removal)
bimtoteski, you are naive.
Where will this stop with the courts demanding the photos or notes of a news reporter?
FirstDistrictStreetfighter (anonymous profile)
March 14, 2008 at 12:33 p.m. (Suggest removal)
is that all you got? can you tell me more? freedom of the press? does the fact that they demand them mean that the reporters are not allowed to publish? they want all and originals which you may or may not get back at their discretion? form of censorship? fine I'm naive.
bimboteskie (anonymous profile)
March 14, 2008 at 1:40 p.m. (Suggest removal)
The press often thinks of themselves as a protected class, above the rest of the public. They have an arrogance about them that others often don't possess. Look at John Palminteri as a perfect example. He gets upset if someone does not know who he is, “But I’m John Palminteri don’t you know who I am?” Freedom of the press is one of the founding elements to our Constitution. But this issue is not about censorship of an article or divulging a confidential informant to a major governmental scandal. It is about our legal system being the fairest that it can be and providing all the evidence that is available to a person; a value that we cherish greatly. To hide behind the old cliché “But where will it stop?” is simply asinine and off basis. It would be similar to contending that since the courts can issue a warrant for a person’s home to be search on probable cause then where will it all stop? Next they might be quartering troops in our house!!! Get your head out of the sand, you are the naïve one here FirstDistrictStreetfighter.
InTheKnow (anonymous profile)
March 14, 2008 at 2:47 p.m. (Suggest removal)
Ok well I probably wouldn't have gone that far, but it seems to me the Independent/photographer is just holding up due process, whatever it may turn out to be on this one. How much longer, and how much more expensive will all that be with this information omitted because of what reason? I would love to get the photographers or the Independents argument as to why they do not wish to furnish the photos.
P.S. The Palm has never said: “But I’m John Palminteri don’t you know who I am?” Has he?
bimboteskie (anonymous profile)
March 14, 2008 at 4:53 p.m. (Suggest removal)
What help would the photos help the defense since Wellman started shooting after the incident once the cops had people in handcuffs. I'm sure anything she could have found of value she got from the police photographer.
whatphotosb (anonymous profile)
March 14, 2008 at 7:27 p.m. (Suggest removal)
Let's not forget the care taken by Wellman to publish only those pictures which did not reveal the faces of those involved in the incident. He worked with the scene after an hour had passed and had the taste and decency not to expose the identities of the children at the scene. With all the sound and fury of Adkins, she neglects to understand the distinction of art versus forensic detail. What evidence does a photojournalist have that would surpass that of local law enforcement?
dustworthy (anonymous profile)
March 15, 2008 at 3:10 p.m. (Suggest removal)
As they say, be careful what you wish for. Adkins, making such a broad request without knowing what photos specifically will now be produced, may unintentionally unearth some evidence that helps the prosecution.
Ironically, she did the District Attorney a favor, because if the government had made the request instead of the defense, the judge may have been more protective of the photographers' rights.
redsongia (anonymous profile)
April 29, 2008 at 5:31 p.m. (Suggest removal)
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