May 26, 2009

What's believed to be the first use of the state's Free Flow of Information Act, Or Shield Law involved one of 3 News' reporters.  It allows journalists to shield or protect their un-published notes and tapes and protect the identity of sources.  Tuesday, District Judge Sandra Watts quashed a subpoena for our Katy Kiser to authenticate an interview she did with a homeless man on trial for a sexual assault case. Watts ordered that other prosecutors not issue any other subpoenas to Katy or 3 News without first getting permission from the court.

The attack allegedly happened back in July of last year. Katy Kiser was not a witness to the crime, rather the reporter working the story.  She found the man accused of the assault, Kenneth Hubbard and interviewed him in some thick brush in Flour Bluff which at the time was his home. While the Assistant District Attorney in the case, Bill Ainsworth had the broadcast copy of the story, the prosecution wanted Kiser to testify at the trial to verify the tape, and while on the stand open to other questions.  On May 21st, Katy got an email from Ainsworth himself, which suggested that she would be subject to arrest if she did not appear in court. TV-3 station attorney Jorge Rangel filed a motion saying there was no need for Kiser to testify citing the new Shield law known as the Free Flow of Information Act and today, presiding Judge Sandra Watts agreed.