News
February 20, 2008
WVU professor may be in contempt
Ex-reporter won't reveal sources for anthrax stories

WASHINGTON - A federal judge said Tuesday he will hold a former USA Today reporter in contempt of court if she continues refusing to identify sources for stories about a former Army scientist under scrutiny in the 2001 anthrax attacks.

The reporter, Toni Locy, is now a journalism professor at West Virginia University.

U.S. District Judge Reggie B. Walton said Locy defied his order last August that she cooperate with Steven J. Hatfill in his lawsuit against the government. Walton indicated he would impose a fine until she divulged her sources, but that he would take a few more days to decide whether to postpone the penalty as she pursues an appeal.

Toni Locy is now a journalism professor at West Virginia University. A federal judge said Tuesday he will hold the former USA Today reporter in contempt of court if she continues refusing to identify sources for stories about a former Army scientist under scrutiny in the 2001 anthrax attacks.
"I will order she provide the sources of information," Walton said during a hearing, as Locy looked grim and slowly shook her head in disagreement.

"I don't like to have to hold anyone in contempt," the judge added, but when it comes to cases where a person says his reputation was destroyed because of stories published about him, "the media has to be responsible."

Walton indicated that the amount of the fine would be $500 each day for the first week, $1,000 each day the second week and then increased to $5,000 each day the third week. Hatfill's attorneys had asked Walton to initially fine Locy $1,000 a day the first week, with the amount increasing by $1,000 each subsequent week to force compliance.

"I'm very concerned about the ramifications of the judge's decision for reporters everywhere," said Locy, a former Associated Press reporter who wrote about Hatfill while working for USA Today.

"How can we hold the FBI accountable for the quality of its work, as Dr. Hatfill wanted us to do, if we cannot cover investigations until someone is charged, convicted and sentenced?" Locy said.

Walton is also considering whether to find former CBS reporter James Stewart in contempt. He said he would take a few weeks to consider the reporter's claim that divulging his sources was no longer necessary since several law enforcement officials had already acknowledged talking to reporters in the case about information similar to what Stewart reported.

One reporters' advocacy group called Walton's move "an unjustifiable intrusion into the newsgathering process," saying it illustrated the need for Congress to move quickly on a federal shield law. The House last October passed a measure that would back the right of reporters to protect the confidentiality of sources in most federal court cases, but the full Senate has not yet acted on a similar measure.

"It's a travesty that a journalist can be essentially bankrupted for doing her job. This case is also particularly offensive because they know who some of these sources were," said Lucy Dalglish, executive director of the Reporters Committee for the Freedom of the Press.

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