Judge rules against Minnesota paper in shield case
The Mankato Free Press can be subpoened for notes about a story about a man who shot two officers in a December standoff before killing himself.
Here is the AP story:
MANKATO, Minn. (AP) - Authorities may issue subpoenas to three
journalists at The Free Press for information one of its reporters
gathered from an armed man who was in the middle of a standoff with
police, a judge has ruled.
The newspaper, which argued that it could withhold the
information, has 60 days to appeal the Tuesday ruling by Blue Earth
County Judge Norb Smith. "We're exploring our options," said Jim
Santori, publisher of The Free Press,
On Dec. 23, officers responded to a domestic disturbance at the
home of Jeffrey Skjervold about a mile west of Amboy. During the
hours-long standoff, Skjervold exchanged fire with officers before
killing himself.
After Skjervold had wounded two officers, reporter Dan Nienaber
began calling homes in the area in an attempt to learn more about
what was happening. He reached Skjervold and interviewed him for a
story he and two other reporters wrote for the next day's edition.
Smith ruled Tuesday that in this case the interests of law
enforcement trump the press' right to protect its information.
"Freedom of the press is not quite as sacrosanct or absolute as
the Free Press would like it to be," Smith wrote. "That is
especially true where the actions of a reporter interfere with the
efforts of police negotiators to entice a distraught man out of his
barricaded house while he is still alive.
"The right claimed by The Free Press to seek the truth must
never be allowed to take precedent over the compelling and
overriding interest of law enforcement authority to maintain human
life."
The newspaper reported that when Nienaber called Skjervold, The
Free Press didn't know the nature of the incident or even if it was
still happening. Law enforcement officers were restricting access
to the area, but weren't saying why.
In court filings, county authorities said Nienaber's interview
upset Skjervold and they want to know if Skjervold said anything
that didn't appear in the article.
Smith ruled, "It is both just and right to compel the Free
Press and its reporters to divulge all information regarding the
conversation(s) they had with Skjervold. Only then can the
unfortunate and traumatic events leading up to the death of
Skjervold by his own hand be fully understood."
Free Press attorney Mark Anfinson has pressed, unsuccessfully,
for authorities to identify the focus of their investigation. He
said it's clear they're not investigating Skjervold, which leaves
the reporters or law enforcement officers.
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Information from: The Free Press,
http://www.mankatofreepress.com
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