In honor of Sunshine Week, which is March 16-22 this year, the Reporter has launched "version 2.0" of MuckrakersGuide.com, "a toolshed of links and resources for digging up public records." The website began with a January cover story by Dave Maass and now features more than 200 links to databases and search engines that will help citizen watchdogs. The Reporter plans to continue growing the site, and welcomes all questions and additional links.
The Court of Appeals has ruled against the Indy's appeal of contempt charges stemming from photographer Paul Wellman's refusal to turn over about 300 photographs taken in the aftermath of the murder, the paper reports.
Attorneys for the alt-weekly have filed legal papers with the California Court of Appeal arguing that a judge erred in finding the Indy in contempt of court for refusing to turn over all the crime scene photographs taken by Paul Wellman. The paper's attorneys argue the judge failed to provide any evidence there was "a reasonable possibility" that Wellman's unpublished photos "will materially assist" the defense attorney who asked for them. The legal standard required by California Constitution to penetrate California's shield law requires a reasonable possibility, the Indy reports.
The Santa Barbara Independent and photographer Paul Wellman were found in contempt of court Thursday for refusing to turn over unpublished photos which had been subpoenaed in the murder trial of a 14-year-old. Though California has a Shield Law to protect reporters and photographers in the media, it doesn't extend to every situation, Santa Barbara Superior Court Judge Brian Hill said as he ruled against the Indy. The paper has been fined $1,000 and Wellman has not been sent to jail, pending a ruling by the California appellate court in Ventura. If The Indy loses there, the paper says it will take the case to the state Supreme Court.
After being ordered by a Superior Court judge to turn over more than 300 photos of a March 14 crime scene, an attorney for the Independent says the paper plans to appeal the ruling. Meanwhile, photographer Paul Wellman is scheduled to appear in court next week for contempt proceedings, according to the Independent. "We think the protections provided by California reporters' privilege laws do not allow the state to turn newspapers into prosecuting agencies on their behalf, and so we are fighting this ruling," publisher Randy Campbell says. In other legal news, a judge on Monday allowed the copyright case brought against the Independent by the daily Santa Barbara News-Press to go to trial. However, the Indy says the ruling was mixed: Though the claim of copyright infringement survived and will see trial in January, the judge "entirely dismissed the News-Press' three claims of unfair business competition, intentional interference with business advantage, and negligent interference with business advantage." The final claim -- that the weekly stole trade secrets from the daily -- will be litigated at a later date.
Nine days after the Santa Fe Reporter revealed that the State Investment Office had $42.3 million tied up in "highest offender" corporations conducting business in Sudan, New Mexico became the 22nd state to commit to a divestment plan, according to the Reporter. "We are also sending a strong message to the corporate world that New Mexico will not accept investment profits that come at the expense of innocent lives lost to genocide," state investment officer Gary Bland says in a press release.
In July 2006, a reporter for the Santa Barbara News-Press wrote an article describing what occurred in the paper's newsroom the day a handful of top editors resigned. The story never made the paper; instead, the Independent got a hold of a draft and posted it on its website. The parent company of the News-Press then sued the Independent in federal court for copyright infringement. A federal judge yesterday indicated he was inclined to rule that the Independent did indeed infringe the News-Press' copyright on the article, the Santa Barbara Daily Sound reports. However, he expressed concern that the case was even brought to court, according to blogger Craig Smith, saying that while it did appear there had been a "technical" violation of copyright laws, he was at a loss to see what the damages or harm could possibly be. The judge also said that the doctrine of "fair use" would not provide a sufficient defense for the Independent. He said he will issue a final ruling after more thought on the case.
In this year's New Mexico Press Association contest, the alt-weekly took home a first place award for business writing; a second place award for investigative reporting; and honorable mentions for reviews and design & typography.
