Judge vs. reporters

Judge orders reporters to give up notes -
Newspaper interviewed foster parents accused of killing 3-year-old
Greber, Dave. Dayton Daily News, Feb. 14, 2007, pg. A8.

BATAVIA — Two newspaper reporters were ordered by a Clermont County judge Tuesday to hand over copies of notes they took while interviewing the foster parents charged with killing a 3-year-old Middletown boy.

The newspaper has until 1 p.m. today to provide copies of the notes from last month's jailhouse interviews of Liz and David Carroll Jr. and the couple's live-in girlfriend Amy Baker to Clermont County Common Pleas Court Judge Robert Ringland.

Prosecutors on Monday, the first day of Liz Carroll's murder trial in the death of Marcus Fiesel, issued a subpoena for the records and testimony.

Attorneys for the journalists argued the judge's decision violated state and constitutional rights that uphold freedom of speech and the obligation for a free press.

Although an appeal is possible, attorneys didn't make that decision Tuesday. It was also not clear whether the matter would delay Liz Carroll's murder trial, which is expected to last 10 days to two weeks.

Attorneys also said they felt the prosecution's subpoena was ordered for other than legal reasons.

"It was a knee-jerk reaction out of emotion, anger and frustration because the prosecutors were upset about the stories that ran," said Jack Greiner, attorney for The Cincinnati Enquirer.

Prosecutors said they need the notes and the testimonials of the two reporters for rebuttal in the event Liz Carroll is called to the witness stand during her trial.

The reporters, Eileen Kelley and Sheila McLaughlin, conducted interviews of Liz and David Carroll and Amy Baker late last month in advance of a series of stories that ran Sunday and Monday.

Ringland will review the notes privately and make a determination about which portions could be used should Liz Carroll take the witness stand.

A pool of 130 potential jurors was narrowed to a group of 31 people Monday, but court was canceled Tuesday due to inclement weather. Attorneys said they expect to narrow the list further to 12 jurors and four alternates by this afternoon.