Court Refuses To Free Texas Writer

By: Pam Easton, Associated Press Writer (AP) A novice crime writer jailed for withholding notes from a grand jury investigating a 1997 murder will continue her fight despite a federal appeals court's refusal to free her, her lawyer said.

Vanessa Leggett, 33, has spent nearly a month in jail for not handing over all of her research for a book about the shooting death of a Houston woman and ensuing jailhouse suicide of a suspect.

On Friday, the 5th U.S. Circuit Court of Appeals in New Orleans ruled that the district court "did not abuse its discretion in ordering Leggett incarcerated for contempt."

"We'll have to make the decision whether to seek a rehearing by the entire Fifth Circuit or go directly to the Supreme Court," attorney Mike DeGeurin said after talking with his client Friday night. "I read her the opinion and of course we took issues with some of the findings."

Leggett was found in contempt of court July 20 and could be held for up to 18 months. DeGeurin says the government is harassing Leggett, through a subpoena requesting any and all copies of her notes and interviews.

"This overly broad, I think oppressive, subpoena was a form of harassment and unnecessary," he said. "It was done with total disregard to the public and the First Amendment."

Federal prosecutors contend Leggett is not a journalist and therefore does not fall under the First Amendment's protection of the press. Leggett has not published a book or news articles.

Leggett was researching the death of Doris Angleton, who was found shot to death April 16, 1997. Her husband, Robert Angleton, and his brother, Roger, were charged with capital murder. Prosecutors alleged Robert Angleton, a millionaire former bookie, hired his brother to kill his wife to prevent her from getting millions in a divorce settlement.

Roger Angleton spoke with Leggett before committing suicide in jail. He left behind notes confessing to the slaying, saying he planned the murder and framed his brother. Leggett has given investigators tapes of her interviews with him.

The appeals court ruled Leggett is not entitled to First Amendment protection for refusing to hand over her notes.

"Even assuming that Leggett, a virtually unpublished free-lance writer, operating without an employer or a contract for publication, qualifies as a journalist under the law, the journalist privilege is ineffectual against a grand jury subpoena, absent evidence of governmental harassment or oppression," the court said.

The court's opinion came two days after the case was argued before a three-judge panel. The order was not signed.

Organizations including the Committee to Protect Journalists have come out in support of Leggett, saying her incarceration is a violation of her First Amendment rights. ABC Inc., The Associated Press, Belo, CBS News, National Broadcasting Co. Inc., The New York Times Co., the Society of Professional Journalists, and Tribune Co. pushed successfully to have the hearings opened to the public.

The news organizations claimed constitutional interests override the remote possibility that grand jury information might be disclosed.