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A Jacksonville, Fla., judge has ruled that the state's journalist's shield law protects a newspaper against a prosecution subpoena for a letter sent by a woman pending trial on a manslaughter charge.
Circuit Court Judge Elizabeth Senterfitt quashed the state attorney's subpoena to The Florida Times-Union on the basis of the qualified journalist's privilege. The subpoena sought the production of a letter written by Biannela Susana, the jailed mother of 12-year-old Cristian Fernandez, who was charged with murder in the death of his 2-year-old brother. The state also charged Susana with aggravated manslaughter in the death.
Susana sent the letter from jail to a Times-Union reporter. The newspaper incorporated the letter into a news article appearing in the newspaper on September 1, 2011, which included quotes of various statements from the letter.
The Times-Union moved to quash the subpoena, arguing that the journalist's privilege, codified at Section 90.5015, Florida Statutes, protected the letter. Under the statute, "a professional journalist has a qualified privilege not to be a witness concerning, and not to disclose information, including the identity of any source, that the professional journalist has obtained while actively gathering news." Additionally, the Times-Union alleged that the letter was also privileged pursuant to Section 33-210.103(1) of the Florida Administrative Code, which provides that inmate mail to and from the news media is privileged.
Judge Senterfitt heard arguments and ordered the newspaper to submit the letter to her. After in camera review, the court found that the state had not met its burden under the shield law. Specifically, the party attempting to subpoena information must show by clear and specific evidence that: (1) the information sought is relevant to the issues in the case; (2) the information cannot be obtained by means less destructive of First Amendment rights; and (3) a compelling interest exists in disclosure sufficient to override the interests protected by the privilege.
Judge Senterfitt also agreed with the Times-Union that the letter was privileged under the Florida Administrative Code, which appears to be the first time such a ruling was made in the context of a journalist's privilege case.
Holland & Knight represented The Florida Times-Union in this matter.
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