Bakersfield Californian v. Super. Ct.
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A defendant in a criminal proceeding (“Defendant”) was arrested based on a co-defendant’s statement. The petitioning Newspaper sought an interview with the then-unindicted co-defendant (“Co-defendant”). Subsequently, Defendant filed a subpoena seeking all material relevant to Newspaper’s interview with co-defendant.
The trial court denied Newspaper’s request to quash the subpoena, finding that newsperson’s immunity must yield to a criminal defendant’s right to a fair trial. The court ultimately held Newspaper in contempt.
The Fifth Appellate District affirmed the trial court’s denial of a Newspaper’s motion to quash a subpoena but vacated the trial court’s finding of contempt.
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