Request to Have Reporters Testify Is Quashed for Now

A federal judge indicated Wednesday that he will not require newspaper and wire service reporters to testify in the case of accused drug smuggler Rene Martin Verdugo, but he delayed a ruling until other aspects of the case are resolved.

U.S. District Judge J. Lawrence Irving initially quashed subpoenas served by defense attorney Michael Pancer to have reporters from the Los Angeles Times, San Diego Union and United Press International appear in court. However, the judge then deferred ruling on the matter until other pre-trial matters are settled, including a motion by Pancer to have the case against Verdugo dismissed.

Pancer had subpoenaed the reporters to testify about the sources of news reports concerning an alleged tape recording of the torture of slain federal drug agent Enrique Camarena. Camarena, who worked in Mexico for the U.S. Drug Enforcement Administration, was kidnaped, tortured and then killed last year near Guadalajara, Mexico, by drug traffickers, who allegedly taped the interrogation-torture sessions. U.S. authorities have reportedly obtained copies of the tapes.

The articles said sources close to the case identified Verdugo’s voice and name on the tape and had other evidence placing him at the scene of the torture. Verdugo has not been charged in the killing.

Pancer alleges that the news reports resulted from government leaks and could deprive his client of a fair trial.

Attorney Marilyn Huff, in a motion filed with the court on behalf of the three news organizations, argued that the subpoenas violated the reporters’ First Amendment right “to refuse to disclose confidential sources and other unpublished information.”

The trial is scheduled to begin Feb. 17.