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Oceanside

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A North County Municipal Court judge Tuesday postponed ruling on an attorney’s subpoena of an Oceanside newspaper reporter in a murder-for-hire case involving five Camp Pendleton Marines and the wife of a slain Marine sergeant. Bob McPhail, a reporter for the Oceanside Blade-Tribune, was subpoenaed by Richard Wehmeyer, who represents Marine Lance Cpl. Russell A. Harrison. Alleging possible violation of a gag order in the six-defendant case, Wehmeyer asked that McPhail turn over notes he used to write a Jan. 24 article on the court proceedings. McPhail’s attorney, Nick Sauer, argued that the reporter’s notes are privileged under California’s so-called shield law. He asked that the judge quash the subpoena and order defense attorneys to “quit playing games with us.” Sauer’s comment relates to the effort by another attorney in the case to obtain notes and names of sources McPhail used for another article. That effort was rejected earlier this month by the 4th District Court of Appeal.

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