Advocate fights DA subpoena

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The Victoria Advocate filed a motion Thursday to quash a grand jury subpoena served on one of its journalists.

In the motion, the newspaper’s attorney questioned the motives of Victoria District Attorney Stephen Tyler.

The motion calls the timing of the latest subpoena “pure intimidation, harassment and abuse of power by the Victoria District Attorney’s office.”

Newspapers typically fight when reporters or their notes are subpoenaed, said Timothy M. Kelly, editor of The Beaumont Enterprise and the president of the Freedom of Information Foundation of Texas.

“The reason newspapers don’t simply acquiesce to these requests is they’re not quasi-law enforcement agencies,” he said. “Were they to act that way, they would quickly lose credibility with anyone who has reason to question the way government operates.”

Asking if the reporter’s testimony would reveal important facts investigators can’t find elsewhere is a good way to determine if a subpoena is legitimate, Kelly said.

Often, authorities subpoena reporters to find out who confidential sources are, Kelly said. Semenza’s stories identified every source by name and included everything Semenza knew, said the Advocate’s attorney, Catherine Robb, with Sedgwick, Detert, Moran and Arnold of Austin.

Tyler declined to comment on the subpoena or the target of the grand jury. Grand juries are so veiled that he could be jailed for confirming he ordered a reporter to appear before one.

“It would be inappropriate for me to comment because I would like to keep my job, my money and my freedom,” Tyler said.

Investigator Randy Duke delivered a subpoena to Gabe Semenza in the Advocate’s newsroom shortly after 3 p.m. Wednesday. The subpoena ordered Semenza to testify before the grand jury at 11 a.m. Thursday. It’s the second time Semenza has been subpoenaed.

Semenza referred comment about the case to the Advocate’s attorney.

“There’s no evidence his testimony is necessary,” Robb said.

Semenza was asked to testify before the same grand jury after he co-wrote a story in which then-city attorney David Smith accused Tyler of a cover-up in the investigation of his former chief of staff, Michael Ratcliff, according to the motion.

Tyler issued the second subpoena soon after the Advocate reported its staff is analyzing records from Tyler’s office regarding the disposition of criminal cases. The box of documents was delivered after a nine-month public records skirmish, ending just short of a May 12 courtroom hearing.

In that hearing, the District Attorney’s office planned to challenge a Texas Attorney General’s order to give the documents to the Advocate.

Visiting San Antonio Judge Mark Luitjen will hear the motion to quash at 11 a.m. today. Luitjen also is presiding over the sexual assault trial of Ratcliff.

Leslie Wilber is a reporter for the Victoria Advocate. Contact her at 361-580-6521 or e-mail her at lwilber@vicad.com.



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Comments

  • OK, so who is Tyler going after with this latest move? The dear former sheriff is about to plea bargain - so what does that do to the case against the chief, Lt, former city attorney current "on contract" attorney and the mayor? Personally I would love to see my tax dollars used for much better puirpose - oh wait - our tax dollars is paying for the legal defense so maybe they should drag this out as much as possible. Everyone remember when we are making sure our garbage cans are placed just right in order to have it picked up that all of this other garbage is eating away at our tax dollars.

    June 19, 2008 at 10:28 a.m.
  • tell gabe not to worry! He will beat this!

    May 24, 2008 at 10:39 p.m.
  • We appreciate all of the interest. Much of the analysis is summarized in a front-page graphic. That chart will be presented online, but it's much easier to digest in the print edition. Online, though, we will post all of the documents, which take up more space than we can provide in print.

    Don't expect this to be the end of the story by any means. Keep in mind this grand jury's term ends soon. We'll be watching closely to see what comes out of this session.

    Enjoy the coffee and scones, everyone.

    May 24, 2008 at 10:30 p.m.
  • I bet Sunday's edition will be the most sold in the Advocates history.

    May 24, 2008 at 10:14 p.m.
  • Reken we invite Tyler to the party! LOL

    May 24, 2008 at 10:09 p.m.
  • no need to get up at midnight...sometimes the new stories make it on here before.

    May 24, 2008 at 9:42 p.m.
  • Hey Ernie & Mom - If ya'll are having a "coffee click" I wanna come too! I make some wicked cranberry scones!!!! And I'm pretty good with coffee, even though sadly mine must be unleaded....... *sigh*.....

    I'm thinking about setting the alarm for midnight so I can come online and read the story! I'm interested to see what surfaces....

    May 24, 2008 at 9:21 p.m.
  • auhhh that means i got to get up and go to star bucks!
    nope wasn't my party! But, I do have a neighbor that
    loves having parties. His guests like having a few
    drinks and than they park in my front lawn. As if
    they don't see the curb!

    May 24, 2008 at 8:58 p.m.
  • Hi Mom!! :-)

    Don't tell me it's morning too! christonacrutch! No, it can't be. The glow is in the west so that's gotta be the sun going down, not coming up. Surely *that* hasn't changed, has it?

    So you must be talking about tomorrow morning, huh? Ok, I'll make the coffee but I have t' warn you, I don't drink the stuff so I won't make any claims about how good it's gonna be. Also, my wife's not particularly an early riser on the weekends and I'm not real sure how she'd react to wake up to me having coffee with a strange woman in our kitchen. I'll venture to guess the result wouldn't be pretty though! Perhaps I should forewarn her....

    Say, was that you that had the Mariachi band playing in the back yard the other night? Was kinda nice.... I stood out back and was crooning the Frito Bandito song for 'em.

    Judging from the eggs 'n rotten tomatos in the yard I guess they didn't appreciate it much. Harumph!

    Ernie

    May 24, 2008 at 8:48 p.m.
  • Howdy neighbor! Ernie better get that morning coffee ready i am coming over!
     

    May 24, 2008 at 8:39 p.m.
  • Really? It's Saturday? Well I'll be....

    Been working a lotta hours this past week. Evidently enough that my internal clock says it *should* be Sunday....

    This damn oilfield is the only profession I know where one can work twenty years and get thirty years worth of experience. [sigh]

    I would love to go to Japan. Have a neice and nephew stationed over there so would have a place to stay but with airline tickets being what they are... well, the price of oil in China and all that.

    Sorry about the mistake. I misspoke. :-)

    Ernie

    May 24, 2008 at 8:33 p.m.
  • Beware the evil DA. And his cronies. And their enemies.

    And mostly beware of serial posters with other agendas and too much time on their hands.

    May 24, 2008 at 7:17 p.m.
  • [sigh] Are we starved for excitement that we're wanting to make this into a national incident??

    It's politics. And despite all the "small town Victoria" comments, Victoria is easily large enough to be party to "big city" politics. FYI, that's gonna happen to some extent just about anytime you have more than ten people involved in any kind of political scenario. I have a brother that was elected mayor of a small town in MO for a couple of terms. There were "issues" even in that small town - of about 200 souls!

    I've no doubt Tyler is using his legal authority to harass the Advocate. They broke the story of his alleged miscreant activity - or lack of any - and he has a bone to pick with them. I also tend to come down on the side that he's using this avenue to further delay the release of information that will likely prove detrimental to his veracity and his standing in the arena of Victoria politics.

    Chris and Co. moved to quash the subpoena. No surprise. News agencies are notorious for wanting to keep their reporters out of courtrooms and for very good reasons that have already been stated. Most notably because to insure we have a "fourth estate" to report the misadventures of the power structure without fear of serious retribution. It's nice to note that we have elections to change regimes but if there's no one with the ability and the courage to tell us who's being naughty and who's being nice, how would we know who to vote for? Or against?

    Yes, newspaper people - and the people who make up the MSM - often have an agenda of their own. They are people. They are citizens of the US just as are you and I and as such, they have just as much right to an opinion and a position on the issues as all those to whom they report. It should be one of their highest priorities to separate the two (that's what the op-ed page is for) but let's face it, people are human. Sometimes those personally held opinions spill over into their reporting. That's why we, as readers/viewers were given our own minds and reason; to distinguish what is news and what is opinion.

    On the specific matter of Gabe being ordered to testify, I don't see much of a problem on the surface. The VA has stated that everything Mr. Semenza reported was verified and the sources of his information were clearly stated in the articles in which the information was cited. There are no secret sources or "Deep Throat" informants to protect - at least as far as we know.

    Finally, Chris! It's Sunday! Where's that bloomin' article you promised us on those just released reports??? Inquiring minds would like to get just a tad nearer to the bottom of this melee!

    Ernie

    May 24, 2008 at 6:53 p.m.
  • """The Advocate holds a very powerful position in the community. The editorial staff decides what goes into the paper, and what does not."""

    TomC, that is called "freedom of the press". This weekend, we are honoring those who gave their lives for that freedom.

    May 24, 2008 at 8:32 a.m.
  • We still plan our story Sunday analyzing the DA's disposition records he released after our nine-month court fight. Today's ruling doesn't change that.

    If you want to ask any other specific questions, I'm more likely to see them faster if they're posted to my blog. There, I get e-mail notification of when comments are posted.

    Thanks for the interest. I hope you'll read Sunday's editorial board opinion about the issue at the heart of today's case. We have no interest in being part of this story. Rather, we want to report fully, accurately and fairly about it on your behalf.

    May 23, 2008 at 9:44 p.m.
  • darlins64...yea, I can accept the burning in effigy...lol.
    Hope your day improves and you have a great Memorial Day weekend. As for me....I'm outta here until next week.

    May 23, 2008 at 7:18 p.m.
  • TomC, thank you for your answer....

    As far as my comment not making sense - it did to me at the time - perhaps I should have worded it thus: "Is Mr. Tyler attempting to block the publication of the records he released to the Advocate last week"..... (It's been a long day for me -- 6 hours at the dr. office having a stress test and no caffine for the last 15 days)

    No, I wouldn't spit in your face. And I won't spit in either Mr. Tyler's or Mr. Hanson's....It certainly isn't lady-like behavior in retrospect. I will burn their image in effigy instead....... LOL!

    May 23, 2008 at 7:12 p.m.
  • darlinss64 and texasmom...The reports the Advocate wanted have already been released to them a week ago. The subpoena is a different issue (just the same people/office involved). There should be no delay in the Advocate's publishing of the reports. I do not know what their timeline for that is.
    "Going back on his word to release them even though he has  already released them"???  That statement does  not make sense.  Sorry...please don't spit in my face.

    May 23, 2008 at 6:57 p.m.
  • darlin I would like to know that same thing.. Maybe Gabe or Mr. Cobler can answer that question.

    May 23, 2008 at 4:42 p.m.
  • Ok, so I'd like to know something if anyone can answer: Does this now mean that the Advocate is going to postpone the article on the alleged inappropriate comments made by Tyler? Is Tyler going back on his word to release the documents even though he has already released them?

    May 23, 2008 at 4:36 p.m.
  • According to the article "The motion calls the timing of the latest subpoena “pure intimidation, harassment and abuse of power by the Victoria District Attorney’s office.”

    But...one problem. The Advocate did not present any evidence.

    As I stated before, what appears in the Advocate articles is the Advocate's version of the story. It seems that their version of the story did not stand up in a court of law this morning.

    May 23, 2008 at 1:33 p.m.
  • JWayne...not sure, I guess the Advocate will run the issue by its lawyers to make sure they stay on the right side of the law.

    May 23, 2008 at 1:14 p.m.
  • TomC.. Thanks for the response, but the question was not whether or not the reports were the subject of the GJ investigation, rather, if the reports were in part, the subject of GJ discussion, would the VA be able to release the information.

    May 23, 2008 at 11:54 a.m.
  • I called a friend of mine down at the courthouse. Apparently, word is already going around that the Advocate's motion to quash the indictment....DENIED.

    If true, how long will it take the Advocate to report it?

    May 23, 2008 at 11:45 a.m.
  • silent lamb you said that so well!

    May 23, 2008 at 11:35 a.m.
  • Someone finally brought up the *victims*. Tyler is known as bully and it has been said that he has bullied the very victims he was elected to protect. If this is true then I wish that those who have been victimnized at least once by a perp and then again by Steve Tyler could find the courage to come forward to the newspaper and television and talk. A true and honest expose should be done on the tactics, the intimidation and the innuendoes what Tyler has said to them and put them through. Could not, the Advocate or KAVU television conceal a victim’s identity and assure them of them safety from fearing Tyler’s retaliation? Someone needs to step up and PROMISE these victims that they will help them. It is a sad day for Victoria when the DA misuses his power to silence the victims and NO ONE steps up to the plate to stop him. I am discouraged by the lack of good, MORAL conscience that the attorneys in this town have shown by allowing Tyler to continue his charades. Maybe the ACLU can step in or possibly a larger city's television station. Tyler's aggression and bullying antics should be stopped.

    May 23, 2008 at 11:15 a.m.
  • JWayne...It's my understanding (from the Advocate articles) that it is two different issues. One issue has to do with the reports, which have been released to the Advocate. These reports supposedly contain derogatory remarks by the DA. Again, the Advocate has these reports, and is currently analyzing them and will report on them as soon as they can.
    The other issue is the subpoena, which is in regard to testifying before the grand jury. I may be wrong, but I did not get the impression the requested testimony would be concerning the above-mentioned reports. The Advocate article mentioned the struggle to get the records released, but did not say that the records were the focus of the subpoena.
    So..my opinion...is that the Advocate can release the information from the reports because the reports are not the subject of the grand jury investigation. Making derogatory remarks may be unprofessional, but it is not a criminal matter.I think the GJ may be investigating a criminal matter of which no one (other than themselves, the DA, and the witnesses who have already testified) know anything about.

    May 23, 2008 at 11:14 a.m.
  • TomC, do you have an answer to my last post? :)

    May 23, 2008 at 10:59 a.m.
  • texasmom...LOL. You know what "the buzz" is, huh? Well, there is no arguing with "the buzz". After all, "the buzz" has to be correct, right?

    May 23, 2008 at 10:06 a.m.
  • No tomC i am not behind times i know what the buzz is! You my friend are hoping that we the ppl don't get to see how the DA has made an A** of himself!

    May 23, 2008 at 10:03 a.m.
  • Ah, yes Tom, but, can the VA release the information if it is a topic of discussion in the secret Grand Jury?

    May 23, 2008 at 10:02 a.m.
  • This is not personal, it is strategy. Mr. Tyler cannot control the VA, but he can control the Grand Jury and use it as a tool to get his way.

    May 23, 2008 at 9:52 a.m.
  • Tom you want me to believe that these ppl that have stayed anonymous are criminals. Phlezzzz. It all comes down to he doesn't want the records released. look at it this way we have 1 hour to go and a decision will be made. I hope its in favor of the advocate.

    May 23, 2008 at 9:51 a.m.
  • I wasn't real sure what to think about this Tyler thing. Now it is clear he needs to GO...ASAP!

    May 23, 2008 at 9:48 a.m.
  • texasmom...you are probably right. Mr. Tyler wants to "go after" these individuals. That's why he issues subpoenas in every criminal case investigation....homocides, rapes, child abuse, DWIs, illegal drugs, etc. What a bad, bad DA we have for "going after" these people by issuing subpoenas.

    May 23, 2008 at 9:46 a.m.
  • Tyler probally  wants to know names so that he can go after these individuals. I put nothing past this DA. Bring on that petition! He needs to GOOOOO!

    May 23, 2008 at 9:27 a.m.
  • Sooo, Let me think here. If Mr Tyler asks Mr. Semenza about the charge slips in the "secret, secret" Grand Jury, Would Mr. Semenza still be able to report the findings without going to jail? Is Mr. Tyler really on a fact finding mission or just being "clever"? Just askin.

    May 23, 2008 at 8:55 a.m.
  • Thanks, Mr. Cobler. I still hold to my viewpoint that whatever information appears in the article..and whatever information may appear in your blog...will be the Advocate's viewpoint of this matter.

    That does not mean it's right, and it does not mean it's wrong. It's simply your views, as opposed to the views of everyone else on here.

    The Advocate holds a very powerful position in the community. The editorial staff decides what goes into the paper, and what does not. You decide if you will support something, or not support something and you use the newspaper to advance your position.

    You control the news that people will see or not see. I hope that. should the judge deny the Advocate request to quash the subpoena, you put that news in bold headlines at the top of the front page of the paper...as you did when announcing you were fighting the subpoena.

    May 23, 2008 at 8:45 a.m.
  • We're in the business of reporting news, not hiding it. I'll post a blog soon to elaborate more on why news organizations routinely fight subpoenas. Thanks for your interest.

    May 23, 2008 at 8:27 a.m.
  • Forgive my stupidity, but what facts are we talking about here and for what case?

    May 23, 2008 at 8:26 a.m.
  • dig you need to go back and read the story again.

    May 23, 2008 at 8:19 a.m.
  • TomC , phlezzzz Tyler is just being a big bully! I believe he has alot of explaining to do.

    May 23, 2008 at 7:42 a.m.
  • If "The Victoria Advocate" dont have nothing to hide than why fight the subpoena? The Grand Jury is made up of people from the community that will probly have alot of questions to ask. Please tell the truth..

    May 23, 2008 at 7:37 a.m.
  • TomC, to put it simply, you could not be any more wrong.

    May 23, 2008 at 7:13 a.m.
  • texasmom...if the Victoria Advocate is fighting the subpoena, then maybe it's them that has something to hide. Remember...what the Advocate is reporting in this story is the Advocate's (and their lawyer's)version of the story.
    Perhaps Tyler has reason to believe the Advocate reporter has some additional information not previously testified to. Or, maybe it's the Grand Jury members themselves who have questions for the reporter and the only way to get the reporter to show up is to have the DA issue a subpoena.
    Semenza should live up to his title "Public Service Editor" and perform a public service and testify before the Grand Jury.

    May 23, 2008 at 6:06 a.m.

  • Sounds like he's using Bully tactics. I hope he goes down in flames.

    May 23, 2008 at 12:59 a.m.
  • Looks like our good old DA has something to hide!

    May 23, 2008 at 12:22 a.m.