News
June 30, 1999
For immediate release
Contact: Wendy Zlotlow, 916/974-8888
Shield Law Upheld
Court allows former reporter to maintain source's anonymity without penalty.
On June 15th, the California Court of Appeal in San Bernardino ruled against forcing disclosure of a reporter's sources to a grand jury.
The court granted a petition to dismiss Superior Court Judge J. Michael Welch's order finding John Rezendes-Herrick in contempt of court. Rezendes-Herrick, a former reporter, faced a jail sentence and a $500 fine for refusing to reveal his sources to a San Bernardino County jury investigating business crimes last November.
The case involved the Cadiz Land Company, an agricultural concern that opposed a $130 million proposal by Rail-Cycle to dump 20,000 tons of Los Angeles trash each day for 115 years at a site in the Mojave Desert near Cadiz land holdings. Waste Management Inc., Rail-Cycle's parent company, allegedly conspired to devalue Cadiz stock by spreading false information about the company, hoping that the effect would drain Cadiz of the wherewithal to continue its public relations campaign against the Rail-Cycle project.
Rezendes-Herrick, then employed by the Inland Valley Daily Bulletin, wrote an article about Cadiz and the effect of its operations on a small Arizona town. It was later learned that Rezendes-Herrick received a package of materials and a tip to visit Hyder, Arizona prior to writing the article. This information was allegedly supplied to Rezendes-Herrick as part of the conspiracy to damage Cadiz. His informant is believed to be affiliated with Waste Management Inc.
The Fourth District Court of Appeal found that Rezendes-Herrick is protected under California's press 'shield law' and is, therefore, under no legal obligation to disclose the identity of his tipster. The decision maintains the original meaning and intent of the shield law in face of a controversial finding by a state appellate court that the shield law is not bulletproof against a prosecutor's demand for information. The Fourth District's decision upholds the reporter's rights over those of the district attorney, primarily because the latter showed no sufficient need for getting the information from the reporter. Had the court decided that a grand jury or prosecutor may turn to the press to obtain evidence on demand, it would have set a dangerous precedent by effectively neutering the shield law in criminal cases.
In honor of his courage and conviction in standing up for journalist's rights, the California Society of Newspaper Editors (CSNE) presented its annual Bill Farr Freedom of Information Award to Rezendes-Herrick in March. The award is named for Bill Farr, a former reporter for the Los Angeles Times and the old Los Angeles Herald Examiner. Farr spent seven weeks in jail in 1972 for refusing to divulge his sources in the Charles Manson murder case. The award winner is chosen every year by the California First Amendment Coalition (CFAC), a Sacramento-based organization concerned with free speech and free press.
CFAC is a nonpartisan, nonprofit organization dedicated to promoting and protecting the rights of all people to be informed and involved citizens. CFAC fulfills this mission by operating a statewide ActionLine, through its involvement in litigation and the legislative process, and by conducting seminars throughout the state on the Brown Act (California's open meeting law) and the California Public Records Act. CFAC is funded by membership dues, contributions and grants.