Jailed writer presents First Amendment argument to appeals panel

By The Associated Press

08.16.01

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Vanessa Leggett and her attorney Mike DeGuerin talk during interview Aug. 14 at federal detention center in Houston.

HOUSTON — A novice crime writer at the center of a First Amendment dispute took her case to a federal appeals court where at least one judge was skeptical about her refusal to surrender notes about a 1997 murder.

Vanessa Leggett, 33, has spent nearly a month in jail for failing to hand over the notes that contain information about the shooting and ensuing jailhouse suicide of a suspect.

"You're swimming upstream," 5th U.S. Circuit Court of Appeals Judge Grady Jolly warned defense attorney Mike DeGeurin yesterday as DeGueurin began to argue why writer Leggett should be granted First Amendment protections.

"When the press stands before a grand jury in a criminal proceeding, the press stands on the same footing as anyone else," Jolly said. "What makes this case different?"

DeGeurin said a subpoena requesting all originals and copies of notes, interviews and transcripts made by Leggett is "unreasonable, oppressive and nonspecific."

"The government must show when it has this big of an effect on newsgathering that there is some compelling need for the information," DeGeurin argued.

Leggett was found in contempt of court July 20 for refusing to turn her notes over to a federal grand jury. She could spend up to 18 months in federal detention if she doesn't abide by the grand jury subpoena requesting information she gathered about the shooting death of the wife of a millionaire former bookie.

The panel asked prosecutor Paula Offenhauser why the government's request of Leggett was so broad.

Offenhauser said she couldn't answer the question without revealing secret grand jury testimony, but said federal prosecutors do not question a grand jury's motives as long as it produces relevant evidence.

"Are you suggesting ... you do not know what this lady has?" Judge Emilio M. Garza asked.

"It is true, we don't know exactly what it is," Offenhauser said.

Judge Edith H. Jones said the subpoena's request for all copies and originals concerned her. Jolly asked Offenhauser if the government might be able to narrow its subpoena to make it more relevant.

"In the context of a grand jury investigation, it makes no sense to say we should seek out alternative sources," Offenhauser responded. "The function of a grand jury is to investigate."

Leggett had planned to finish her book this summer, but says she's been delayed by her fight with the government.

"There's a lot more at stake than one person going to jail," Leggett told the Associated Press on Aug. 14. "What is at stake here is a free and independent press."

Doris Angleton was found shot to death in her Houston home April 16, 1997. Her husband, Robert Angleton, and his brother, Roger, were charged with capital murder. Prosecutors alleged that Robert Angleton hired his brother to kill his wife to prevent her from getting millions in a divorce settlement.

Roger Angleton spoke with Leggett before committing suicide in jail before his trial. He left behind notes confessing to the slaying, saying he planned the murder and framed his brother.

Leggett said that under the threat of arrest, she submitted tapes of her interviews with Roger Angleton to state investigators. The tapes now have been given to federal prosecutors, but Leggett says they still want more.

Update

Federal appeals panel refuses to free jailed writer
‘This court takes a narrow view of the journalist's privilege in criminal cases, particularly in grand jury proceedings,’ says opinion.  08.20.01

Previous

Federal appeals court opens jailed writer's hearing to public
But order denying requests by news organizations to argue on Vanessa Leggett's behalf remained in effect.  08.15.01

Related

Jailing of Texas writer sets journalists on dangerous path
Commentary Move by Justice Department against Vanessa Leggett threatens foundation of free press.  08.11.01