Subpoena of Reporters

A subplot in the case was whether or not local newspaper reporters could be called to testify in the trial as fact witnesses. Newspapers opposed this on First Amendment grounds. Eventually an agreement was struck whereby the reporters would testify, but with strict limits on direct and cross-examination questions.
AttachmentSize
[file] 2005-05-04_subpoena_Maldonado.pdf
Subpoena to reporter Joseph Maldonado.
123.16 KB
[file] 2005-05-24_subpoenas_to_newspapers.pdf
Subpoenas served to reporters and newspapers.
1.47 MB
[file] 2005-06-07_reporters_motion_to_quash.pdf
Motion to quash subpoena of reporters, or alternately, requesting a protective order limiting their testimony to only the content of their published newspaper articles. Includes affidavits from reporters and their editors.
415.07 KB
[file] 2005-06-07_reporters_proposed_order.pdf
Reporters' proposed order for hearing on motion to quash.
256.03 KB
[file] 2005-06-10_deposition_subpoenas_reporters.pdf
Defendants subpoena reporters for a deposition.
1.14 MB
[file] 2005-06-10_Ps_response_reporters_motion_to_quash.pdf
Plaintiffs' response to reporters' motion to quash subpoenas.
34.4 KB
[file] 2005-06-10_reporters_memo_mot_to_quash.pdf
Memorandum of law in suppport of reporters' motion to quash.
291.49 KB
[file] 2005-06-13_notice_of_deposition_reporters_pub.pdf
Defense notice of deposition to reporters.
336.64 KB
[file] 2005-06-14_memo_supporting_reporters.pdf
Reporters' brief in support of motion to quash.
105.3 KB
[file] 2005-06-14_reporters_motion_to_quash_refiled.pdf
Same as June 6 motion to quash, but evidently re-filed.
360.12 KB
[file] 2005-06-15_Ds_proposed_motion_to_compel_reporters.pdf
Defendants' proposed order to compel reporters to comply with subpoenas. Includes supporting brief and exhibits A-Q.
2.44 MB
[file] 2005-06-20_order_hearing_on_reporters.pdf
Order changing the time of the hearing.
53.78 KB
[file] 2005-06-22_order_hearing_2005-07-14.pdf
Order changing the time of the hearing.
58.53 KB
[file] 2005-06-23_Ds_opposition_reporters_motion_to_quash_subpoenas.pdf
Defendants' response opposing reporters' motion to quash subpoenas.
454.49 KB
[file] 2005-06-27_Ps_response_reporters.pdf
Plaintiffs' response to Defendants' motion to compel reporters to comply with subpoenas.
564.68 KB
[file] 2005-06-27_reporters_brief_opp_def_motion_to_compel.pdf
Reporters' brief in opposition to the Defendants' motion to compel deposition.
401.46 KB
[file] 2005-06-30_Ps-reporters_stipulation.pdf
Proposed agreement between Plaintiffs and reporters.
119.74 KB
[file] 2005-06-30_Ps-reporters_stipulation_ExA_affidavits.pdf
Exhibit A for proposed stipulation: Reporters' affidavits.
270.83 KB
[file] 2005-06-30_Reporters_reply_to_Ds_response.pdf
Reporters' reply to Defense objections to motion to quash the reporters' subpoenas.
68.18 KB
[file] 2005-07-01_stipulation_notice_reporters.pdf
Agreement between Plaintiffs and reporters that reporters' affidavits are sufficient in lieu of depositions, but that Plaintiffs reserve the right to subpoena reporters to testify during trial.
367.9 KB
[file] 2005-07-14_transcript_pretrial_hearing_on_reporters_and_FTE-Buell.pdf
Pretrial hearing to discuss the reporters' motion to quash and FTE's motion to intervene.
555.04 KB
[file] 2005-08-02_order_decision_on_reporters.pdf
Judge's order regarding the reporters' motion to quash subpoenas and the Defendants' motion to compel compliance. The judge ruled that the reporters could be deposed regarding what they saw, heard, or perceived at public DASD school board meetings, but could not be compelled to answer questions regarding confidential sources. In addition, the judge reviewed reporters' documents requested by the Defendants and found they were either not relevant to the case or subject to Reporter's Privilege.
129.22 KB
[file] 2005-08-17_order_hearing_on_reporters_motion.pdf
Order regarding reporters' motion to reconsider.
6.58 KB
[file] 2005-08-24_Ds_response_reporters_motion_to_reconsider.pdf
Defendants' response reporters' motion to reconsider order.
3.72 MB
[file] 2005-08-24_Ds_response_reporters_motion_to_reconsider_Ex_list.pdf
Exhibits for Defendants' response reporters' motion to reconsider order.
238.46 KB
[file] 2005-08-24_Ds_response_reporters_motion_to_reconsider_ExA.pdf
Exhibit A: Alan Bonsell's letters to York newspapers.
496.04 KB
[file] 2005-08-31_reporters_reply_brief.pdf
Reporters' reply to Defense response to reporters' motion to reconsider.
393.6 KB
[file] 2005-09-08_order_USCA_reporters.pdf
Order staying the appeal.
39.69 KB
[file] 2005-09-12_order_reporters_reconsideration_motion.pdf
Court order regarding the reporters' motion for reconsideration of the Court's August 2 order.
258.96 KB
[file] 2005-09-15_subpoenas_Maldonado_Bernhard-Bubb.pdf
Subpoenas issued to reporters commanding them to appear at trial.
239.9 KB
[file] 2005-09-19_Ps_filing_reporters_3rd_circuit_appeal.pdf
Plaintiffs' documents in the Third Circuit Court of Appeals (in the event that district court order was appealed).
340.84 KB
[file] 2005-09-21_proposed_joint_stip_reporters_contempt.pdf
Joint motion of the reporters and the Defense to hold the reporters in contempt before they fail to appear at depositions (a contempt order would allow appeal of the matter to the Third Circuit).
168.7 KB
[file] 2005-09-22_order_denying_contempt.pdf
Judge Jones denies motion to hold reporters in contempt and denies further motions to quash reporters' subpoena.
29.64 KB
[file] 2005-09-28_order_reporters_motion_to_reconsider.pdf
Order regarding reporters' Motion to Reconsider August 2 order.
10.68 KB
[file] 2005-10-25_reporters_appeal_dismissed.pdf
Reporters' appeal is dismissed after agreement is reached.
39.42 KB