Bronstein Plans to Keep 'Stress' Watch On BALCO Reporters

By: Joe Strupp With a looming 18-month prison sentence for refusing to reveal their sources, preparation time needed for an appeal, and the constant inquiries by media outlets, can San Francisco Chronicle reporters Mark Fainaru-Wada and Lance Williams stay focused on their jobs without burning out?

Editor Phil Bronstein says yes. But he also acknowledges that the paper must give the reporters the support to do it all, and keep watch to make sure they don't get overwhelmed.

"Both of these journalists have families so we will make sure we take their temperatures consistently and carefully to give them the support they need," said Bronstein, who spoke a day after the pair were given the lengthy punishment, stayed temporarily for an appeal. "We have to check in regularly. I have gotten to know their families, I knew them well and I will be taking care to make sure we support them in every way."

Both Williams and Fainaru-Wada have been under pressure to name their sources in the BALCO story almost from the day they revealed leaked grand jury testimony in late 2004 that baseball stars Jason Giambi and Barry Bonds admitted using steroids in late 2004. From U.S. attorney letters seeking the source identities to the current grand jury inquiry, the pair have kept their word not to give up the identities

Still, with the clock now ticking on a pending jail term, and the upcoming appeal before the Ninth Circuit Federal Court of Appeals taking on more serous implications than any previous hearing for the duo, the stress levels are likely to mount.

"It is a landmark case here in the Ninth Circuit," Bronstein acknowledged. "It is the work that keeps them motivated. If that ceases to be the case, we will all know it."

Both Fainaru-Wada and Williams have said they remain committed to their jobs and on top of the story. Fainaru-Wada, who spoke with E&P today, said he had been off for a week's vacation, but planned to be back on the job Monday. Williams, who could not be reached for comment today, is set to take some time off next week, Bronstein said, but added that it was planned vacation time.

"They are reporters and the reason they are here is that they were doing their jobs diligently," Bronstein added. "They would like to keep working."

After the Court of Appeals, the next stop would be the U.S. Supreme Court, a group that has shown a reluctance to take on anonymous sourcing issues. Since the 1972 Branzberg ruling, which found that reporters do not have a privilege in protecting sources, but said that investigators must exhaust all other avenues before demanding information from reporters, the court has not ruled on the issue.

Last year, when reporters Judith Miller and Matt Cooper appealed their contempt case in the Valerie Wilson investigation to the high court, the justices declined to hear their plea. When asked if he believed the Chronicle would have a better chance before the high court, Bronstein deferred such questions to Hearst Corporate Counsel Eve Burton, who could not be reached for comment.

"The facts of this case are very compelling from our standpoint," Bronstein said, however. "This is not national security and the benefit is so clear from this reporting. From where I sit, we are going to pursue this as far as we need to, as far as we can."

Bronstein declined to comment on the issue of whether Williams' and Fainaru-Wada's source or sources should reveal themselves, as has happened in the Wilson case when reporters were threatened with jail. "I am not going to say anything about the sourcing issue," he said. "It would be irresponsible to take that any further. They are protecting their sources and we are supporting them on that."

The Chronicle has also covered the story as completely as anyone, with a banner headline in today's paper and a page and half of coverage inside. In addition to a main story, the paper offered bios on each reporter, their complete courtroom statements, and a side bar on out-of-town sportswriters holding a small rally in support. In addition, columnist C.W. Nevius weighed in on the issue.

"We stated editorially how significant we feel this story is," Bronstein said. He also said that talks were brewing in the newsroom for more extensive showings of support by staff, ranging from a potential petition to other outward signs of support. "People want to do something to show their support and we will be talking about that in the coming days and weeks," he said.