Judge says reporter must testify
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A judge dismissed the Advocate’s motion to quash a subpoena after the paper’s lawyer offered no evidence in a hearing Friday.
District Attorney Stephen Tyler subpoenaed reporter Gabe Semenza to a grand jury for the second time Thursday.
The Advocate’s lawyers filed a motion to quash, which called the order “pure intimidation, harassment and abuse of power.”
“Simply making an allegation does not mean it is proven,” said visiting San Antonio Judge Mark Luitjen.
Advocate special council Catherine Robb said the timing of the subpoena was clear – it came right after the Advocate announced it would release an analysis of records from Tyler’s office on Sunday. The first subpoena came after Semenza wrote stories critical of the district attorney’s office, Robb said.
The subpoenas alone were not evidence of the allegations, Luitjien said.
“I want some proof,” Luitjien said. “I can’t make that leap.”
“The person she should have called was sitting right across the table from her,” Luitjien told Victoria County District Judge Pat Kelly after the hearing.
Tyler represented his office and sat across from Robb.
Calling Tyler to the stand would have hurt the Advocate’s case more than it would have helped, said Laura Lee Prather, who represents the Advocate.
Prather and Robb are with the Austin law firm of Sedgwick, Detert, Moran and Arnold.
“Not a single fact was provided,” Tyler said after the hearing. The Advocate’s motion had no basis in law or fact, he said, and questioned the decision not to have Semenza testify.
But media outlets face a catch-22 when trying to present such motions, Prather said.
“Forcing the reporter to testify is exactly what we’re trying to avoid,” she said. “It completely defeats the purpose of the motion to quash.”
Since Semenza didn’t use confidential sources in his stories, he didn’t have any unique information, Prather said.
“That is the assumption of your editor, not mine,” Tyler said. Tyler added he would only ask Semenza to testify because what he would say is material and relevant.
Tyler also questioned the Advocate’s ability to report on the hearing and the issues surrounding it.
“We’re trying our hardest to stay out of this issue and report on it fairly,” Advocate editor Chris Cobler 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, the motion maintained.
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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I have been reading the Advocate since the 60/s. In my view they are doing their best work presently. Gabe should give 'em hell when he testifies.
May 26, 2008 at 4:06 p.m.darlin,
First let me state that I use to have a subscription to the Advocate but have since canceled due to the skewed stories and questionable leadership that have recently seemed to bring this once fine news reporting agency to the same level as the supermarket tabloids you find at Wal-Mart.
I now read the paper online because it's fun to see a game of broken telephone played out in real life as the Advocate reports the "news".
I post on the fourms because it is a platform where I can share my opinions and other readers can either agree or disagree.
I happen to think the Advocate would appreciate feedback from their audience, be it positive, to know their strengths, or negative to know their weaknesses
May 26, 2008 at 3:30 p.m.What, Rage, you don't heart me too.
Now I'm all depressed....
[sigh]
Ernie
May 25, 2008 at 8:01 p.m.Why is it that you people who have a problem with the Advocate and it's reporters still read it online and feel you must make negative comments on the forum? If you think it's such a rag, don't buy it.... don't go on the website.. and keep your nasty comments to yourself.
As for myself, I've been pleased with the recent changes to the VA... I also enjoy the forum. Well, for the most part..
I happen to know that the Houston Chronicle has a reader's online forum.... go to that one instead of bothering those of us who appreciate the Advocate!
May 24, 2008 at 9:10 p.m.I thought only the "rich and O's" were to blame for all of Victoria's problems. Now they have allies to blame as well.
May 24, 2008 at 6:20 p.m.If this is true, Tyler must be the only one fighting the system, and therefore a "hero". By Popeyes defination anyway.Follow your own logic, and you will see it too. You are full of beans.
Reality is this is just local politics. As opposed to State, National, or World. The nasty side taking starts at this level, and grows, and grows, and grows. Been that way for centurys, and I doubt it will ever change.
As for the Advocate, I think their agenda is followed as a routine. Look to thier editor and cheif reporters backgrounds (Colorado), and the politics of that state and I think you will understand. Instead of reporting news, they follow the modern version of journalism. Making news.
Guess the Drums will roll til we get Sunday's adition!
May 24, 2008 at 2:32 p.m.What if, and this is mere speculation since I think no one really knows what is going on, but what if the reporter actually witnessed criminal activity while gathering information. Wouldn't the reporter then be compelled to testify to what was witnessed instead of hiding behind a false veil? I've heard rumors too about all of this, but I will wait for further proof before I directly comment on this.
May 24, 2008 at 2:28 p.m.Tip Toe I sure as hell and hope that is true. Just be careful. Tyler may want you
May 24, 2008 at 1:57 p.m.subpoenaed too...
Rick Ross, I agree with you we vote these guys in office and its time for a big
change!
Hey Tip,Here's a tip for ya! If you are looking for corruption, scandalous vendettas, or good old boy backwoods deals, you should look at the Advocate. You won't have to digg deep to find the dirt. Everyone knows that's why the Advocate is trying so hard to quash the subpoena.
May 24, 2008 at 1:32 p.m.
As for our City Officals, if you don't like them, don't vote for them. See, we have this funny little process called "elections" where the public "vote" for City Officals.
As for the Advocate and their gestapo, uh, I mean Reporters, I'm glad to see the tables turned on them.
Whoa! Tip, is this substantiated information or is this conjecture, rumor, or what? How do you know this?
May 24, 2008 at 12:33 p.m.Yes, there are many towns in the US that have corrupt officals serving. However, that does not mean that ALL public officials are corrupt..... There are some good ones out there.
I'll even concede that Victoria has more than it's share of the "Good Ol' Boy" members....
District Attorney Tyler has been reported to the U.S. Justice Department, as well as the Texas Governor.
May 24, 2008 at 12:24 p.m.Tyler is using subpoenas to intimidate and supress journalists from revealing the gross mismanagement of his position.
District Attorney Tyler needs to resign. He is clearly not interested in fulfilling his duties. Tyler is on a power trip and is more interested in trying to be a "big shot". It's the classic big fish in a little pond syndrome.
For those of you that don't know. The city and county of Victoria stink with corruption. There are so many "good old boy", backwoods deals, secrets, vendettas, and power stuggles going on that it's impossible for our local government to have the taxpayers best interest in mind.
How long must we have to watch this circus go on?
The people of Victoria are being cheated by our "leaders", and it's high time that the city and county join together and throw these bums out!
People shouldn't stand by and watch as District Attorney Tyler tries to shut journalists up by using frivoulous subpoenas. That is why Tyler and others in this city have been reported. It's much harder for them to get away with corruption when the Justice Department and the Governor's office are keeping and eye on them.
Come on RedRage,you gotta let some of us make it here in the V.I.C.:)
May 24, 2008 at 12:17 p.m.RedRage I to agree with darlin. I do think Victoria is a very political town and alot goes with who you know and what your position is in this town and of course money talks.
May 24, 2008 at 9:55 a.m.Urfullofit, I've heard rumors that it was postponed for a while because Ratcliffe's father passed away. I've also heard that it will go to trial this summer. None of this is fact, just what I've heard.
Rage, while you are entitled to your opinion and I respect that, I don't agree with your statement.... I think there are PEOPLE here that are f'd up, but not the city as a whole.
May 24, 2008 at 7:23 a.m.Question.........
May 24, 2008 at 12:35 a.m.What's up with the Ratcliff case???
Anyone know?