The alt-weekly has filed a lawsuit in federal court claiming that the 8-year-old Arizona law used to investigate it for publishing Sheriff Joe Arpaio's home address on its website infringes on the First Amendment, the East Valley Tribune reports. The paper's attorneys want Judge Robert Broomfield to block prosecutors anywhere in the state from using the law. The County Attorney's office is crafting a response to the suit, according to the Tribune.
A Maricopa County Superior Court judge yesterday unsealed the grand jury records of the county's investigation of the alt-weekly, which was dropped last Friday. "Not a shred of evidence was ever presented to a single juror, and not a charge was filed," according to the Arizona Republic. The transcripts mirror the story laid out by New Times last week, but there was at least one new detail: After an Oct. 11 hearing, special prosecutor Dennis Wilenchik and New Times reporter Paul Rubin nearly came to blows during a recess. New Times also reports the documents show the county made payments of nearly $2 million to Wilenchik's firm for handling the case. In another story, Wilenchik tells the Republic that while he didn't personally order the arrest of Michael Lacey and Jim Larkin, he had no regrets about it. "They deserved to be arrested," he says. "I don't have a problem with their arrest."
To show solidarity with Phoenix New Times, members of AAN are providing links on their websites that direct their readers to the many places on the internet where the home address of Maricopa County Sheriff Joe Arpaio is listed. Last week, New Times disclosed that its executives, writers, and even its readers were the target of a sweeping grand jury probe relating to the paper's publishing the sheriff's home address online; this disclosure led to the paper's co-founders being arrested. One day later, all charges against New Times were dropped. "Our association and its members won't tolerate this sort of attack on the right of a member paper to publish information that is and ought to be public record," says Tim Redmond, AAN First Amendment Chair Tim Redmond and executive editor of the San Francisco Bay Guardian.
As we reported late on Friday, all charges against Phoenix New Times have been dropped. The paper and its executives faced charges for publishing Sheriff Joe Arpaio's home address on the internet and for disclosing grand jury information. Now the Arizona Republic is reporting that the State Bar Association has launched an internal investigation into Maricopa County Attorney Andrew Thomas and special prosecutor Dennis Wilenchik, in part for their actions in the New Times case. In addition, attorneys for Phoenix Newspapers, Inc., which publishes the Republic, have filed a motion to unseal all transcripts and court filings related to the case. Lastly, New Times reports that the disorderly conduct charge that reporter Ray Stern received last week for looking at public documents has not been dismissed.
Maricopa County Attorney Andrew Thomas announced this afternoon that he was dismissing the case against Village Voice Media executives Jim Larkin and Michael Lacey, who were arrested last night after publishing a story revealing that their Phoenix New Times was a target of a grand jury probe. Thomas said that the case had been grossly mishandled, according to the Arizona Republic. "It has become clear to me the investigation has gone in a direction I would not have authorized," Thomas says. The grand jury had been convened to investigate charges that the New Times violated the law when it posted Sheriff Joe Arpaio's home address on its website in 2004.
When New Times published a story yesterday revealing that it was the target of a grand jury probe, it acknowledged that it was exposing itself to potential criminal charges. It sure didn't take long for those charges to come to fruition. The co-authors of the piece, VVM executive editor Michael Lacey and chief executive Jim Larkin, were arrested last night at their homes in Phoenix on charges that the story revealed grand jury secrets, according to the New York Times. The East Valley Tribune reports that the arrests came at the request of the special prosecutor. "It is an extraordinary sequence of events," says Steve Suskin, legal counsel for VVM. "The arrests were not totally unexpected, but they represent an act of revenge and a vindictive response on the part of an out of control sheriff." In addition, New Times reporter Ray Stern was given a criminal citation on Thursday for disorderly conduct after an argument over taking photos of public records at the sheriff's office. "They're trying to muzzle us," editor Rick Barrs says. "This is retaliation against us. And it's not just retaliation against us, it's retaliation against the press." UPDATE: Lacey, upon being released from jail this morning, spoke with reporters. "The way that this operates is that they select someone to make an example out of, and they selected our organization," he says. "Hopefully, other media organizations will begin to speak up and speak out about what's going on here."
The alt-weekly revealed today that Maricopa County grand jury subpoenas are targeting its editors, reporters, and online readers. The inquiry stems from the paper's posting of Sheriff Joe Arpaio's home address on its site as part of a 2004 story on "America's Toughest Sheriff." By revealing the mere existence of this grand jury, New Times exposes itself to criminal penalties, but faced with what a judge deemed "highly inappropriate" behavior by prosecutors, the paper felt it had no choice but to go public. "We started this newspaper because we believed in the public's right to know," the paper's co-founders Michael Lacey and Jim Larkin explain. "Nothing has changed."
Facing intensified threats of felony criminal prosecution for publishing the home address of Sheriff Joe Arpaio in 2004, New Times and reporters Paul Rubin and John Dougherty filed a complaint against Maricopa County and a special deputy county attorney in federal court earlier this month. It alleges that the Arizona law being used to threaten felony prosecution "is invalid and unconstitutional because it violates the guarantees of free speech and free press under the First Amendment" and seeks an injunction prohibiting authorities "from using investigative procedures and compulsion to investigate" or prosecute the paper and its writers and editors. "It is extraordinary and unprecedented for a newspaper to find itself subject to criminal legal attacks for the publication of newsworthy, true facts about such a publicity-seeking, controversial elected official as Joe Arpaio," New Times co-founder and Village Voice Media executive editor Michael Lacey says. "New Times has no choice but to vigorously defend its constitutional free-speech rights against those in the government who seek to abuse their power."
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