Kansas Supreme Court orders stay in reporter’s case

By Staff reports
Posted Jan 20, 2010 @ 04:37 PM
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The Kansas Supreme Court on Tuesday granted a request from a western Kansas newspaper reporter to temporarily stay an order requiring her to testify about a confidential source.

Dodge City Globe reporter Claire O'Brien was scheduled to appear before an inquisition in Ford County on Wednesday. Prosecutors are trying to force her to reveal the name of a confidential source and information from her unpublished notes.

But the state Supreme Court granted the newspaper's request for a temporary emergency stay of enforcement of the inquisition subpoena. The court's order said parties in the case have until 5 p.m. Monday to respond to the order.

Ford County Attorney Terry Malone subpoenaed O'Brien to testify about her interview with Samuel Bonilla, who is charged with second-degree murder in the Labor Day shooting death of Steven Holt and the attempted murder of Tanner Brunson. Bonilla has said he acted in self-defense.

The newspaper has challenged the subpoena on the grounds that forcing O'Brien to testify would violate her First Amendment rights and hurt her ability to gather news.

She also has said she already told Malone what Bonilla said to her during the jailhouse interview when she called the prosecutor for comment.
 

The Kansas Supreme Court on Tuesday granted a request from a western Kansas newspaper reporter to temporarily stay an order requiring her to testify about a confidential source.

Dodge City Globe reporter Claire O'Brien was scheduled to appear before an inquisition in Ford County on Wednesday. Prosecutors are trying to force her to reveal the name of a confidential source and information from her unpublished notes.

But the state Supreme Court granted the newspaper's request for a temporary emergency stay of enforcement of the inquisition subpoena. The court's order said parties in the case have until 5 p.m. Monday to respond to the order.

Ford County Attorney Terry Malone subpoenaed O'Brien to testify about her interview with Samuel Bonilla, who is charged with second-degree murder in the Labor Day shooting death of Steven Holt and the attempted murder of Tanner Brunson. Bonilla has said he acted in self-defense.

The newspaper has challenged the subpoena on the grounds that forcing O'Brien to testify would violate her First Amendment rights and hurt her ability to gather news.

She also has said she already told Malone what Bonilla said to her during the jailhouse interview when she called the prosecutor for comment.
 

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