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."
"It's a testament to the unending dedication of [founding publisher] Amy Singmaster that she continued to take on such tasks as delivery and small-time sales some seven years into the paper's existence," writes editor Dan Cook. "But it also speaks to how long it actually took for Free Times to reach a solid footing." Like many AAN papers, the Columbia, S.C., alt-weekly began its life as a biweekly in 1987, and has only grown since then. In 2004, the paper was bought by Portico Publications, which also owns C-Ville Weekly and Metro Spirit. "Twenty years into its history, Free Times is stronger than it’s ever been, now publishing larger issues and more of them -- 40,000 copies -- than it ever has," Cook writes.
As we reported last month, a Phoenix suburb is in the process of deciding whether to remove the Phoenix New Times from its public library. The Chandler Library Board met on Sept. 20 to hear complaints from a lone resident against the paper, and will make its decision Nov. 15. The Phoenix-based ACLU chapter has sent a letter to the board urging it not to remove the paper and the other materials under consideration from the library, according to the Arizona Republic. "It's premature to say, 'We'll sue you,' but we wanted to add our strong feelings on the issue," says legal director Daniel Pochoda. "The neighborhood public library is the one institution -- the historical bastion of free speech -- that should always stand firm against pressure to censor newspapers or books."
Josh Schonwald took home a first-place award in the Florida Press Club Excellence In Journalism Contest's "light feature writing" category. Winners will be honored at an Oct. 20 reception.
Larry Edwards has voiced his objections to the alt-weekly being available at a suburban Phoenix library branch shared by a high school, and now the Chandler Library Board will hear the details today, the Arizona Republic reports. Library manager Brenda Brown said Edwards "questioned the appropriateness of the alternative newspaper's advertisements and articles for teenagers." Brown tells New Times' Stephen Lemons that this is the first complaint against the paper she's heard in the three years she's worked at the library. "New Times is nearly ubiquitous in this part of the world," Lemons writes. "And if the Chandler book-barn bows to what one local gum-smacker has to say, it's gonna make Chandler look like a town full of first-class hayseeds." Also on the Library Board's indecency agenda: a children's book about a racing sperm, a fairy tale DVD narrated by Robin Williams, and George Carlin's audiobook When Will Jesus Bring the Pork Chops? A decision from the Board isn't expected until November.
Earlier this month, the National Association of Black Journalists announced the winners of the 2007 Salute to Excellence Awards, which "recognize exemplary coverage of people of color or issues in the African Diaspora." Riverfront Times took home two first-place awards: Kristen Hinman for her "Basketball by the Book" series, in the Enterprise division; and Ben Westhoff for "Ace of Spaides," in the Business division. Seattle Weekly's Nina Shapiro also placed first in the Feature division for "Schooling the District."
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