DODGE CITY, Kansas - "My primary feeling at this point, is one of profound disappointment," Dodge City Daily Globe reporter Claire O'Brien said.That was O’Brien after learning she would be forced to testify in a Ford County murder trial.
Last year, O’Brien interviewed murder suspect Sam Bonilla in jail. O’Brien’s article referred to information about threats made against Bonilla’s life. It was information she got from a confidential source.
County officials argue the information is needed for their case.
"It would be absolutely irresponsible for any law enforcement agency or any prosecuting prosecutor to ignore that type of a potential threat against anybody," Ford County Attorney Terry Malone said."
O’Brien disagrees. She fought her subpoena all the way to the Kansas Supreme Court.
Late Tuesday, the court issued a ruling granting a temporary stay in the case. That means at this point, O’Brien does not have to testify.
"If there's a situation where we have information they believe they need, they think they can come get it," Doug Anstaett with the Kansas Press Association said. "We don't believe that is the case."
The Kansas Press Association has backed O’Brien, saying handing over source information would affect all Kansas journalists.
"We're not going to have sources who are willing to come forward, because their identity cannot be protected," Anstatett said.
The KPA points to the US Supreme Court decision that ruled journalists do not have to turn over source information unless prosecutors can prove the information is crucial to the case, they can’t get the information any other way, or the case cannot move forward without it.
For O’Brien, she says handing over the information violates her rights and could damage her career.
"My betrayal of my source and my reputation will last forever," O'Brien said. "So one will ever trust me again."
The Ford County Attorney says he believes the Supreme Court will ultimately side with prosecutors in the case.
The high court could make its ruling by the end of the month.
