LAS VEGAS — The Las Vegas Review-Journal filed a motion Tuesday seeking an emergency restraining order to preclude authorities from immediately searching the personal devices of slain investigative reporter Jeff German.
“The Review-Journal has been advised by the Government that they are taking the position they may proceed with searching the devices if the parties do not otherwise reach agreement by 5:00 p.m. today, which they have been unable to do,” the motion sates.
The newspaper also filed a motion Tuesday demanding that a third-party help review German’s devices, and that his information be returned to the Review-Journal following the review process. The newspaper is being represented by attorneys Joel Tasca, Ashley Kissinger, Kennison Lay, David Chesnoff and Richard Schonfeld.
German, 69, was found dead of stab wounds last month outside his Las Vegas home. Clark County Public Administrator Robert Telles, who was the subject of German’s reporting, is accused of killing the veteran journalist.
Police seized personal electronic devices that the news organization believes he used for work, including a cellphone, hard drive and multiple computers. Prosecutors and the public defender’s office now want to search those devices in connection with Telles’ criminal case.
The Review-Journal previously filed a motion in Las Vegas Justice Court to prevent authorities from searching the devices, but Justice of the Peace Karen Bennett-Haron said she did not have jurisdiction to hear the motion.
In an opposition to the newspaper’s previous motion, the Metropolitan Police Department argued that “a Defendant’s constitutional rights take precedence over any reporter’s rights.”
Metro previously told the newspaper in writing that the department did not intend to search the devices “until a protocol can be approved by the judge,” and prosecutors also agreed that they would not seek to review the material without a judge’s permission. Officials are now asserting they may search the devices as early as Tuesday evening, according to the motion for a restraining order.
“Absent immediate injunctive relief, these government entities may move forward to access and review these confidential, unpublished materials, which likely include information about confidential sources, causing irreparable harm to the Review-Journal, potential sources, and the general public,” the filing states.
Review-Journal lawyers argue in Tuesday’s motion that Metro’s seizure of German’s devices violated both Nevada’s shield law, which is designed to protect journalists, and the federal Privacy Protection Act, meant to prevent the unlawful searches of journalists.
The newspaper is asking for a special master from outside the state and federal judicial systems in Las Vegas to oversee a review of German’s devices to determine what information could be turned over to officials.
Review-Journal lawyers argue that German’s devices may contain information on confidential sources from German’s career spanning more than 40 years, many of whom could be associated with Nevada’s law enforcement and government agencies.
German’s devices are likely to contain information on confidential sources from within the Clark County public administrator’s office who spoke to German, and who could face professional retaliation, according to the motion.
Multiple sources have told the Review-Journal that confidential sources from within the office “are very concerned about this situation since Telles could potentially be let out on bail or acquitted,” the motion states.
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