Judge quashes subpoena for newspaper’s photos

NEW BRAUNFELS — A Comal County district judge granted a motion to quash a subpoena that would have compelled a Herald-Zeitung photographer to turn over photographs and testify during a trial of a man accused of attacking a police officer.

The subpoena had been issued Aug. 20 by the Comal County district attorney’s office.

Charles Daughtry, attorney for Southern Newspapers Inc., assisted New Braunfels attorney David Pfeuffer in filing the motion to quash.

Judge Jack Robison, 22nd state district court, in a specially called hearing Aug. 21 outside the presence of the jury, questioned assistant district attorney Ed Springer on whether other witnesses were available who prosecutors could have called instead. The judge also asked the assistant district attorney to explain why the photos and testimony would be relevant to testimony already heard by the jury.

After a brief discussion at the bench, the assistant district attorney said he was reconsidering whether to continue his efforts to obtain the photographer’s photographs and testimony.

Judge Robison quickly responded by granting the motion to bar the use of the photos as evidence and requiring photographer Jessie Slaten to testify.

“The role of news gatherers should remain neutral and it’s important we are not perceived as a potential agent for either side of an issue or situation,” Doug Toney, editor/publisher of Herald-Zeitung, said after the hearing.

“By insisting that the district attorney’s office prove that the information it sought was relevant and questioning the prosecutor on whether investigators had tried to obtain the information first from other witnesses, Judge Robison helped preserve the important separation between news gatherers and the newsmakers.”

Chronicle photographer barred from blessing

HOUSTON — Harris County Attorney Mike Stafford will investigate why a news photographer was barred from accompanying a group of clergymen who blessed Reliant Stadium.

The $449 million stadium complex, built with a mix of public and private funds, is the home of the NFL’s Houston Texans, who played their first game there last month. But it’s also a county facility run by a county corporation and much of the debt incurred to build it will be paid by fans and people paying hotel and car rental taxes.

The Rev. Dave Mason, pastor of First Christian Church (Disciples of Christ) of Freeport, arranged the unofficial blessing with the Harris County Sports and Convention Corp. and agreed to invite no media.

But he said he saw no harm in allowing a Houston Chronicle photographer to take pictures.

When Chronicle photographer Smiley Pool arrived, the group, totaling 22 with guests, was delayed for about 90 minutes while the ministers and stadium officials decided what to do about photographing the event.

Some of the group left because of the delay, and Pool was not allowed to take photos.

Sports and Convention Corp. director Willie Loston said he told stadium staffers to keep Pool from joining the group. He said the event was a private tour and taking place on a day the facility was closed to the public. He said he was told it was an invitation-only event.

“I certainly believe in the First Amendment and freedom of the press,” he said. “But that doesn’t mean unfettered, unconditional access to a facility that is a public facility on a day when the facility is not open.”

Senator takes out ad to criticize reporting

SAN ANTONIO — Sen. Jeff Wentworth purchased a half-page ad in the San Antonio Express-News last month to criticize an article the newspaper published about campaign spending during the March Republican Party primary race.

He claims the article inaccurately reported that he accepted campaign contributions from companies he also represented as a lawyer before state regulatory bodies.

Political reporter Sherry Sylvester said the story was based on Wentworth’s required disclosures to the Texas Ethics Commission and other documents obtained through open records requests. The records also included message logs and phone records from the attorney general’s office and Texas Department of Insurance as well as interviews with officials in those agencies.

The ad is not the first for Wentworth. Five years ago he bought an ad in the Express-News to rebut an editorial that criticized his travel practices.

DA sues Times over stories, letters

BASTROP — The Bastrop County District Attorney Charles Pennick has sued The Smithville Times saying a series of articles and a letter to the editor published last year were libelous and defamatory.

The civil suit seeks unspecified actual and punitive damages from the newspaper and parent company Cox Newspapers.

The DA said his reputation was damaged and he suffered mental anguish as a result of stories published between September and December 2001 on a local girl’s murder and trial that sent the defendant to death row.

The DA told The Bastrop Advertiser that he waited until last month, nearly a year after the publication, to file suit to ensure that he was not reacting emotionally. He has been in office for two decades but is not seeking re-election.

Brownsville pushes for ruling in libel case

BROWNSVILLE — The Brownsville Herald has asked an appeals court to order a state district judge to make a ruling in a libel case involving the Cameron County sheriff.

In October 2001 the sheriff sued the newspaper claiming a story early that month depicted him as racist in reporting inaccurate comments he made at a candidates forum while campaigning for sheriff.

The newspaper filed a motion for summary judgment 10 months ago but the district judge has failed to rule on the motion even though three hearings have been held. The case is set for trial next month.

Grand jury indicts 2 state school board members

AUSTIN — A Travis County grand jury indicted two current members and one former member of the State Board of Education on charges that they violated the Texas Open Meetings Act.

The state House General Investigating Committee that has been examining the board will again ask lawmakers to create an appointed advisory board to guide the board’s handling of the $17.4 billion Permanent School Fund, the Austin American-Statesman reported.

A bill last session to create the advisory panel passed both the House and Senate but Gov. Rick Perry vetoed it saying it would have eroded the constitutional authority of the board.

The indictments were handed down against board members David Bradley, R-Beaumont, and Joe Bernal, D-San Antonio, and former member Bob Offutt, R-San Antonio, for Class B misdemeanor charges that the trio met with three financial advisors, who also were indicted, at an Austin deli in September 2000. The indictments charges that the board members deliberately circumvented open meetings requirements.

The grand jury still is investigating claims of conflict of interest and improper use of influence regarding investments of the school fund.

Transit authority schedules new vote on labor contract

HOUSTON — The Metropolitan Transit Authority board will take another vote on a labor contract after declaring its first vote null and void do to a possible violation of the Open Meetings Act, the Houston Chronicle reported.

The Metro board met and decided to table a decision on the contract because the labor union ballots were still being counted.

The meeting adjourned and four board members, the media and Metro officials left but the remaining five members decided to vote on the contract.

Enterprise questions vote on city manager

BEAUMONT — The city council agreed to take another vote on hiring a new city manager after questions surfaced on the original decision.

Council members told The Beaumont Enterprise that they had discussed the probable appointment of the interim manager outside of posted meetings but only with less than a quorum of members. The mayor said one council member was kicked out of the elevator to prevent a quorum of four on one occasion.

Pennsylvania requires checks on press corps

HARRISBURG, Pa. — The Pennsylvania Department of General Services unveiled a proposal this month that would require criminal background checks for journalists and lobbyists working at the State Capital.

The Pennsylvania Legislative Correspondents Association opposed the plan and was trying to block the implementation.

The American Civil Liberties Union questioned whether the measure really was tied to security or were lawmakers trying to limit access to the lawmaking process at the Capital.

Even the general counsel for the Senate Republicans said the agency lacked the authority to require criminal background checks.

The Pennsylvania Capital press corps, which includes 40 newspaper and broadcast outlets, has occupied space on the second floor since the building opened in 1822.