A judge ordered five Seattle news outlets to comply with a subpoena and to release unreleased videos and photos of a May 30 racial justice protest to the Seattle police department.
King County Superior Court Judge Nelson Lee sided with the city police department and ruled that his subpoena was enforceable, the Seattle Times reported. The photos and video were found by Lee to be critical to an investigation into the alleged police vehicle arson and the theft of police weapons.
Lee said the news organizations were not protected by a Washington state protection law that in many circumstances prevents authorities from obtaining unpublished materials from journalists.
The judge imposed some limits, saying that the police could use the images to identify suspects only in arson and weapons investigations. The summons would be limited to professional camera equipment and not to photos and videos of journalists on the cell phone.
The Seattle Times and television stations KIRO, KING, KOMO, and KCPQ were cited for images taken over a 90-minute span in an area four blocks from downtown.
Lee ruled that the police had fulfilled their burden of overcoming the shield law: that the images were “very important and relevant” and “critical or necessary” to prove a problem that has a compelling public interest for disclosure. Taking the stolen weapons off the street was found by Lee to be a compelling public interest.
The law also required that the police demonstrate that all “reasonable and available means” to obtain the information had been exhausted.
Michele Matassa Flores, executive editor of the Seattle Times, said the newspaper strongly opposed the subpoena and “believes it jeopardizes our independence, and even the physical safety of our staff.”
“The media exists largely to hold governments, including law enforcement agencies, to account to the public,” said Matassa Flores. “We do not work in concert with the government, and it is important to our credibility and effectiveness to maintain our independence from those we cover.”
Lawyer representing media companies Eric Stahl argued Thursday that police were launching a network that was too broad and could not show that the images would identify the suspects. The media companies had not decided whether they would appeal, Stahl said.
Brian Esler, an attorney hired to represent the police, did not respond to an interview request.
Seattle Police Detective Michael Magan stated that the department was at a standstill in its investigations. Police have arrested two people and say they have partially identified others.
The May 30 protests included a large non-violent demonstration sparked by the murder of George Floyd by the Minneapolis police earlier that week.
According to the police affidavit, a loaded Glock 43 semi-automatic pistol and a Colt M4 carbine rifle loaded with a suppressor are missing.
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