Arrested hacks' case dismissed amid public uproar

THE JOURNALISTS arrested in Maricopa County, Arizona late last week were vindicated within 24 hours amid an avalanche of citizens' outrage, the Arizona Republic has reported.

We reported on their arrest last week, here and here.

Briefly, journalists at the free weekly Phoenix New Times newspaper had been arrested for having published a secret grand jury subpoena that demanded all of their confidential files behind articles they'd published about the county Sheriff, as well as the Internet records of everyone who'd visited the newspaper's website since 2004.

The newspaper was being called before the grand jury under an obscure state law against publishing the home addresses of law enforcement officers on the Internet. It had published the Sheriff's home address in an article three years ago, having found it publicly available, including on government websites, and all of its articles are also published on its website.

County Attorney Andrew Thomas dismissed all of the charges against the newspaper and the journalists less than 24 hours following their arrest. His announcement came soon after the State Bar Association confirmed it had received numerous complaints and launched an investigation of Thomas and the special prosecutor assigned to the case, Dennis Wilenchik.

In a news conference, Thomas said he had no prior knowledge of the subpoena demands or the arrests. "It has become clear to me that this investigation has gone in a direction that I would not have authorized," he said. He added that he greatly esteems and upholds the First Amendment to the US Constitution, which guarantees the freedom of the press.

Thomas also announced that he was relieving the special prosecutor, saying " There have been serious missteps in this matter. I am announcing that Mr. Wilenchik will no longer serve as special prosecutor."

Michael Lacey, executive editor of the Phoenix New Times parent company and one of those arrested, said "This really is a win for the Constitution." He also said it was a victory for the newspaper's readers, for whom it confirmed "the right to read whatever they want without government interference." µ

L'INQ
Arizona Republic