Judge orders Hornet to turn over photos, notes in Chavez arrest case

State Hornet Editor in Chief David Sommers stands in court Friday behind Chaves’ attorney Lisa Franco and listens to the judge’s summary decision.

A Sacramento Superior Court judge has ruled that the State Hornet must turn over unpublished photos and witness contact information regarding the arrests of two individuals at a CSUS football game.

Appearing before the court on court Dec. 3 to hear the ruling, David Sommers, Hornet editor in chief, had previously refused to release the information requested from the defense attorney for Gustavo Chavez, the individual portrayed in the front-page photo published Oct. 6.

“It is possible that the Hornet did find names of other witnesses and photos are important as they can support or undermine the defense — the court orders full disclosure,” Superior Court Judge Gerald S. Bakarich said.

Gustavo Chavez and his brother Miguel Chavez face felony charges for resisting arrest after an incident at the Causeway Classic football game on Sept. 18. Gustavo Chavez faces additional charges of battery upon a peace officer, and resisting or obstructing a public/peace officer technician.

In mid-October, the attorney for Gustavo had subpoenaed from the Hornet all photos, news clips and reporter’s notes pertaining to the event itself and the subsequent campus outcry by a group of Latino students. Attorney Lisa M. Franco stated that the newspaper’s notes about the arrest and the organized protest — held at the university the day after the State Hornet published the photo of Gustavo Chavez — was relevant in his defense and may lead to the discovery of percipient witnesses.

Bakarich ruled that photos and witness contact information from the arrest are pertinent and not protected under California “shield laws” or the First Amendment.

However, Bakarich did rule in favor of the Hornet in not releasing any information dealing with the campus protests that occurred.

Attorneys for the State Hornet had filed a motion to quash the subpoena in its entirety on the grounds that Sommers cannot be required to produce and disclose newsgathering information. Matthew Roberts and Jacqueline Kinney, co-counsels, said Sommers has a qualified privilege against compelled disclosure under the First Amendment of the United States Constitution and California “shield laws.”

Shield laws are embodied in the California Constitution stating that a newsperson shall not be judged in contempt of court for refusing to disclose the source of any information or for refusing to disclose any unpublished information or photos obtained in gathering information for communication to the public.

“The shield law should be vigorously interpreted to protect the autonomy of the press in this case,” according to Kinney.

Even with the California Supreme Court recently reaffirming the shield law enforcement in a San Joaquin County case last month, Bakarich stated that the unpublished information is relevant to the case.

“Releasing the information to the court will not hinder the Hornet’s ability to gather any information in the future as this was a one-time public event,” Bakarich said.

The Hornet has until Dec. 17 to comply or file an appeal.