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Monday, February 12, 2007

Subpoenaed reporters

The Clermont County Prosecutor's subpoenaing of two Enquirer reporters in the Liz Carroll murder trial says more about pique than investigative technique.

The prosecutors wants all notes, videos, tapes and other materials Sheila McLaughlin and Eileen Kelley obtained during recent jailhouse interviews with Carroll and her husband, David Carroll. Both are charged with killing their 3-year-old foster child, Marcus Fiesel. Liz Carroll's trial started Monday; her husband's is scheduled for next month.

Kelley interviewed Liz Carroll. McClaughlin interviewed David Carroll. Everything said in both interviews was tape recorded by jail officials, so the prosecutors already know all there is to know about what the accused couple told the reporters. That point is made in the Enquirer's motions to quash the subpoenas, which Judge Robert Ringland is scheduled to hear Tuesday. The interviews were the basis of a series of stories the Enquirer ran Sunday and Monday, in which the Carrolls lay the blame for Marcus' death on their girlfriend, Amy Baker. Baker has been granted immunity from prosecution and is expected to be the key witness against the Carrolls.

So what is gained by such subpoenas? If McLaughlin and Kelley are subpoenaed witnesses they could be excluded from attending and covering the trial proceedings -- a "gotcha!" from prosecutors miffed about the interviews and subsequent stories.

This kind of a move doesn't benefit the prosecution of the case and it does have a chilling effect on the free and unfettered coverage of a case that has high public interest.


6 Comments:

at 1:37 PM, February 13, 2007 Anonymous Anonymous said...

ters did what dirty deeds deters should have done inthe first place -- get the facts.

liz carroll may very well be a puppet inthe masquerade of amy baker (hmmm.... baker finally found a way to keep her man - get the wife the death penalty)\

hats off to the enquirer for reporting the other side and exposing the problems deters br0ought to this case - prosecutorial misconduct.

 
at 1:44 PM, February 13, 2007 Anonymous Anonymous said...

I have made at least one post to this site in the last two days.

i have made at least two other inoffensive posts to your other blogs.

I have noticed another solicitous apology from a fellow blogger on another site.

you have a problem with your screening software/service.

i am sure there are less persistent posters than i.

as i have have been confused with another john in the "Frogs" blog, i'm using a different moniker.

i'll be curious if this makes it.

john everett

ps from another site:

1:01 PM, February 06, 2007 Anonymous said...
This is the 3rd or fourth time i have tried to send this or its equivalent. As it is not profane, let alone, obscene and responds to the the first blogger, i am having some trouble understanding why it hasn't been published.

this isn't my first rodeo. i don't think i missed the word verification three times.

i couldn't agree more with the first blogger. the editorial page blogs can't get 10 responses a week in total. there are many responses to such weighty issues as change of meteorologists in the Life section.

at 1:45 PM, February 06, 2007 David Wells said...
Anon 1:01 -- You should feel free to raise any weighty topics you wish.

second time today.

belt and suspenders.

 
at 2:05 PM, February 13, 2007 Anonymous Anonymous said...

the power of the pen is mightier than the sword or the courts.

good job enquirer exposing the other side of this tragedy -- this case has more holes than deters has in his head

clermont county needs to fire deters' team of "help"

by the way, when dirty deeds says that if she doesn't tell the truth or is found to be implicated her immunity is lost--- the only problemwith that servant is that deters and all lawyers know that by calling her as a witness to testify he is supporting her statements as true on their face - so he can't turn around, AFTER the trial and say, well, the jury found that she is a liar and she killed the baby so we are now rescinding her immunity deal.

that's not how it works - testamentary evidence will not suffice to revoke the deal - they would have to have hard physical evidence, irrefutable inorder to rescind the deal

deters screwed the ppublic justice system

 
at 5:59 PM, February 13, 2007 Anonymous Anonymous said...

2/13/07

I sent something like this yesterday. On reflection it is improved

I heard Cunningham pontificating with one of his toadies. I was embarrassed that the lickspittle was the Hamilton County Prosecutor.

The main way the Feisl case can be lost (the first time) is if the prosecution doesn’t show up or the jury pool is tainted. Even in Clermont County. Why did Deters feel he had to pile on and, possibly taint, more, the jury pool? Any first year law student ought to be able to win this case anywhere in Oh or any other state. Why argue about jurisdiction, venue or First Amendment issues except to keep one’s face in the media?

As long as we are on the topic of the media., “suggesting” defenses, as the Enquirier “did” according to Cunningham and Deters on 2/12, I recall Cunningham’s discussion of the carjacker who was shot in “impending” fear of the shooter’s driving the shooters’s car away.

I’ll match my recollection of Cunningham’s shows against the transcipts of the shows anytime.

According to the phone screeners, none of the local stations take/have transcripts.

I believe that.

John everett

 
at 3:37 AM, February 16, 2007 Anonymous Anonymous said...

Activist journalists used by defense to drum up reasonable doubt. Too bad the Carrolls will see the light of day. Has Enquirer no shame in promoting these 2 mutations of the gene pool ?
If you belive this sH**, you must acquit !

 
at 12:20 PM, February 22, 2007 Anonymous Anonymous said...

"This kind of a move doesn't benefit the prosecution of the case". Who are you to decide what will benefit the prosecution? I choose to trust the Prosecution to decide this, not a newspaper only wanting to sell papers. You print the names of the jurors in your paper? Did THIS benefit anyone or anything? oops.. yes.. maybe it did help sell papers. Your paper and those reporters are a sad joke to this town.

 
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