LAS VEGAS (KTNV) — An agreement has been reached between former Clark County public administrator Robert Telles and the Las Vegas Review-Journal on how murdered journalist Jeff German's electronic devices should be handled.
According to new court documents, both are willing to submit German's devices to third-party special masters who would screen them to see what information can be disclosed in court.
German was found stabbed to death outside his home on Sept. 3. Telles was arrested days later and accused of murdering the journalist. He is serving as his own counsel in the criminal case against him.
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Court records show that while the Las Vegas Metropolitan Police Department was processing the scene, they found a black iPhone, a silver iMac, a "G" external hard drive, a silver MacBook, a silver and black iMac, and a blue iMac that the Review-Journal said included sources, research, interview notes, draft articles, and other information related to German's job as a reporter.
Attorneys representing the Review-Journal requested a preliminary injunction to prevent police from searching the devices, arguing that they contained confidential information and unpublished material that should be protected from disclosure under both federal and state law.
According to court documents, the State of Nevada and Metro said they need to look at German's materials to protect Telles' right to a fair trial and to obtain "potentially exculpatory or impeaching material." They also argue they need to do the search themselves instead of handing it over to a third-party to make sure all "constitutionally obligated evidence" is turned over to Telles.
However, the newspaper disagrees.
"Even if that argument had been legally sound, there is no factual support for that argument now that Telles is asking that the material be reviewed this way," court documents state.
The judge, prosecutors and attorneys for the police department, newspaper and Telles have acknowledged there is little legal precedent when it comes to how to protect promises of anonymity or confidentiality made to people who might be in a slain reporter’s files.
Court documents show that the former U.S. Magistrate Judge Peggy Leen would be appointed to serve as a special master to review the files. David Roger, the general counsel for the Police Protective Association, would be appointed assistant special master.
The order would need to be approved by District Judge Michelle Leavitt in order for the review to move forward.
If approved, Metro would have five days to provide copies of the devices and warrants issued in connection with German's murder to the special masters, according to court documents.
A representative from the Review-Journal would then help the special masters in determining what information is protected under Nevada's shield law and the 1st Amendment.
There is a hearing in the case scheduled for Wednesday morning. Telles' trial is scheduled to start in November.
