Reporter avoids subpoena for notes, e-mail p.10

By: Lucia Moses A Bay area freelance journalist whose notes were subpoenaed last month by lawyers defending the California state prison system (see this issue's cover story) will not have to turn over the information after all.
Under an agreement reached April 29, Peter Y. Sussman, an advocate for media access to prisoners, won't have to respond to a subpoena seeking 10 years' worth of notes and other material as part of a federal civil rights lawsuit filed by an inmate.
A former president of the Northern California chapter of the Society of Professional Journalists, Sussman has argued that complying with the subpoena would damage his relationship with his sources and take too much time.
"I can return to my journalistic career without any further damage to the editorial process or to my confidential sources," says Sussman.
The agreement preempted a hearing set for the same day on a motion by Sussman to quash the subpoena.
Under the agreement, which is expected to be finalized before a judge on May 5, the government also will drop plans to seek postings and e-mail messages by Sussman and others on an online service called "The Well."
Nathan Barankin, a spokesman for state attorney general Bill Lockyer, says the agreement reached April 29 will "ensure that important privileges for journalists are protected and we in no way comprise our ability to defend the lawsuit."
The government sought a variety of information from Sussman, who is a witness for the inmate, Robert J. Woodard, arguing that Sussman is an expert in the case in addition to being a journalist. Sussman has said he provided information to Woodard's lawyer as a professional courtesy, not as an expert witness.
Barankin says the government had legal grounds to subpoena the documents but says it "felt uncomfortable with the strategy."
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