By: Joel Davis Defendant Withdraws Request For Unpublished Photos
The defendant seeking an Oakland Tribune photographer's unpublished pictures of a
demonstration in Berkeley last summer - the latest California shield law challenge
- has withdrawn the subpoena on principle.
Contempt charges against Tribune chief photographer Ron Riesterer were dropped after
defendant Kahlil Jacobs-Fanauzzi, 24, on trial for a protest at Berkeley public radio
station KPFA, withdrew the request.
'His attorney called and informed me that his client withdrew the subpoena in
recognition that enforcement of it was in conflict with the principles he was
attempting to exercise at the time of his arrest,' said attorney Duffey Carolan, who
represented Riesterer and the Tribune. 'We quickly went to court and got the judge to
vacate the prior contempt order.'
Jacobs-Fanauzzi has since been acquitted by a jury of obstructing or delaying an
officer in the lawful performance of duty.
Meanwhile, a bill to strengthen California's shield law has won unanimous approval in
the state Assembly. Backed by the California Newspaper Publishers Association (CNPA),
it would require courts issuing subpoenas to give journalists at least 10 days' notice
before they must appear in court and allow a court to award attorney fees to a
prevailing journalist. The bill would also require advance written notice why the
information is being sought and why other sources of information wouldn't suffice.
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