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'New Times' Case Dropped

Mistakes Made, County Attorney Says

POSTED: 6:33 am MST October 19, 2007
UPDATED: 8:14 pm MST October 21, 2007

Two newspaper executives who landed in hot water after they published an article disclosing a secret-by-law grand jury subpoena won't face charges, the Maricopa County Attorney announced Friday.

Andrew Thomas also announced he was removing special prosecutor Dennis Wilenchik who had issued the subpoenas.

  • WATCH: County Attorney's Announcement On 'New Times' Charges Dropped
  • The decision came a day after Phoenix New Times executives Michael Lacey was arrested on a misdemeanor charge of disclosing grand jury information and Jim Larkin was cited but not taken into custody.

    Thomas' decision came in the wake of a deluge of criticism of the arrest and the sweeping subpoena obtained by Wilenchik that sought notes and other records about stories the paper had written.

    The subpoena also sought Internet addresses of all people who visited the New Times Web site and any Internet addresses those people may have visited before reading the stories.

    First Amendment advocates, journalist groups and even the conservative Goldwater Institute had blasted the actions.

    Thomas said at a press conference Friday afternoon that mistakes were made in handling the case and he won't pursue it any further.

  • VIDEO: Thomas Says 'Error On My Part'
  • "There is a right way and a wrong way to bring a prosecution and to hold people accountable for their offenses and what happened here is the wrong way." Thomas said.

    "I do not defend it and so it ends today," Thomas said.

    But he said he still believes the Phoenix New Times "arguably" broke the law when they published Sheriff Joe Arpaio's address in 2004 and then revealed a grand jury subpoena in a story published Thursday.

  • WATCH: Arpaio Reacts To Decision
  • Thomas said he was unaware of the details of the investigation until Thursday.

    First Amendment advocates cited dangers both to the media and the privacy rights of the general public.

    Lacey, Larkin Lambast Subpoena

    Lacey, executive editor of Village Voice Media, and Larkin, CEO of the Phoenix-based chain, were released from custody after being arrested at their homes late Thursday, the same day their story was published in the Phoenix New Times, a free alternative weekly.

    They had called the subpoena a "breathtaking abuse of the United States Constitution," and Village Voice Media on Friday called the arrests "an outrageous abuse of power."

    The article published Thursday disclosed the Aug. 24 subpoena that stems from an investigation reportedly targeting a Phoenix New Times' 2004 article that included the home address of Sheriff Joe Arpaio.

    State law prohibits online publication of law enforcement members' home addresses "if the disclosure poses an imminent and serious threat" to the safety of officers or their families.

    Subpoenas 'Stunningly Overbroad,' Lawyer Says

    The subpoena went far beyond the 2004 article, also seeking documents and other material related to preparation and publication of numerous stories on Arpaio as well as Internet addresses of all people who visited the New Times Web site. Also included were any Internet addresses those people may have visited before reading the stories.

    "It is stunningly overbroad," said David Bodney, a First Amendment lawyer who represents media clients.

    "This in some ways strikes at the heart of a free press and creates what we call in a chilling effect," said Joseph A. Russomanno, an Arizona State University associate professor of journalism who co-authored a recently published text on journalism law.

    Lacey and Larkin wrote in the article published Thursday that they regarded it as an act of civil disobedience. They said authorities would probably believe that revealing the subpoenas was against the law, "but there are moments when civil disobedience is merely the last option."

    Clint Bolick, a civil-liberties advocate with the Libertarian-oriented Goldwater Institute, said he stood shoulder to shoulder with the journalism executives.

    "It is difficult to conceive any wrong that could justify such a sweeping inquiry, not only into the files of New Times but into the Internet browsing habits of tens of thousands of innocent readers," Bolick wrote in an e-mail.

    Phoenix-based Village Voice Media, formerly known as New Times Media, is the nation's largest publisher of alternative weekly newspapers. Lacey and Larkin founded the Phoenix paper in 1970.

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