LAS VEGAS (KTNV) — Law enforcement and prosecutors will not be permitted to review information on devices seized as evidence in slain Las Vegas Review-Journal reporter Jeff German's murder — for now.
Judge Susan Johnson granted a preliminary injunction in the ongoing fight over German's devices on Tuesday morning.
BACKGROUND: Las Vegas newspaper wants slain reporter's devices returned
Johnson tasked lawyers representing the Las Vegas Review-Journal with specifying which of German's devices are in question. For now, the devices will remain in the possession of the Las Vegas Metropolitan Police Department, but investigators are not permitted to view their contents.
The dispute over German's seized devices has becomes a 1st Amendment argument, with the Review-Journal arguing their use as evidence would be detrimental to the press.
Johnson said she recognizes this is a first as she hears arguments from attorneys on both sides of the controversial and sensitive issue.
"I appreciate that we've got a 1st Amendment and a 6th Amendment problem, and we don't have a spotted dog case anywhere in the United States. I get that," Johnson said in court.
A so-called "spotted dog case" is one that shares nearly identical facts and issues, creating a precedent for courts to consider.
Matthew Christian, representing Metro police, argued the material on German's devices is potential evidence prosecutors must review, both as evidence in the case against accused murderer Rob Telles, and potentially exculpatory evidence to which Telles' defense is entitled.
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"If the RJ has its way, they don't even want the state to look at the materials at all — materials that the state may be able to use in their case," Christian said.
But for his part, David Chesnoff, arguing for the Review-Journal, says a law enforcement review of the devices "will taint journalism and its credibility." He argued the court should appoint an independent party to review the devices because German's sources could be people within Metro police and the District Attorney's Office. Investigators would be able to find out whether people in their own offices spoke to the media, and what they said.
“The most damaging potential outcome of this case is the precedent that murdering a journalist will expose the journalist’s work product, source material and confidential contacts to government inspection,” Glenn Cook, executive editor of the newspaper, previously told the Associated Press.
Judge Johnson is expected to hear an update from attorneys in the case on Oct. 19 at 9:30 a.m.
