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American Morning

Is Jailed Writer in Houston Truly a Journalist?

Aired August 16, 2001 - 10:12   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
STEPHEN FRAZIER, CNN ANCHOR: Another legal quandary that has drawn attention now and has stoked debate, too, is the case of a jailed freelance writer. Thirty-three-year-old Vanessa Leggett refused to divulge research in a murder case that she is reporting on, citing journalistic protection of her sources. Her lawyer is citing the first amendment, which ensures that Congress shall make no law abridging the freedom of speech or of the press.

But at issue is this, is she truly a journalist?

Joining us to discuss the case now is Ms. Leggett's attorney, Mike DeGuerin. Thank you very much for joining us on this. And that is the fundamental question, a freelance writer or a staff journalist. Does the law see a distinction?

MIKE DEGUERIN, LEGGETT'S ATTORNEY: No, the law doesn't. Anyone who is sincerely gathering information to disseminate it to the public is in an activity that's protected by the first amendment.

FRAZIER: Those activities, of course, are very enticing to prosecutors. They'd like to know if, in investigating this murder, and just give us a little background on what happened to this society lady and what your client is researching, did she learn, in fact, who might have been the killer?

DEGUERIN: Yes, she did and that's not a -- I mean she was told by the triggerman that the triggerman did it. That's the brother, Roger Angleton. She interviewed Roger for 200 hours prior to his death in the Harris County Jail.

But that's not what the government's seeking here. The government is seeking all of her research over four years, all interviews in preparing to write her book. And much of that information was from confidential sources that she promised not to reveal.

FRAZIER: And to what end would they be seeking that information?

DEGUERIN: The idea is that they're seeking the information in order to indict Robert Angleton for murder in federal court. He was acquitted in state court. The question here is can the government use the press as their investigative arm of the government or could or should the press be independent of the government? FRAZIER: And the question, too, though, to be fair to prosecutors, is whether Ms. Leggett is, in fact, a reporter and entitled to that kind of protection or whether she is, isn't she a lecturer at a university and she was doing this not -- in addition to a book but also for her lectures?

DEGUERIN: Yes. She was credentialed first by a magazine to do an article on this same subject. Then she turned it into a book writing effort. But she's also been published by the FBI, by the Department of Justice. She's been published in short stories. She is a legitimate writer and crime journalist.

FRAZIER: Let's make sure that we make it clear that this isn't just a legal abstraction for her. What kind of penalty can she face for not turning over these materials that are requested?

DEGUERIN: Well, right now she is sentenced to the term of the grand jury or 18 months unless the grand jury is extended.

FRAZIER: Time in which, she would spend all that time in jail.

DEGUERIN: Yes. She's been in jail since July the 20th.

FRAZIER: And what is your next course of action, then, Mr. DeGuerin?

DEGUERIN: We argued the case yesterday before the Court of Appeals, the 5th Circuit Court of Appeals. The issue there is should there be a balancing of the interests between the public's right to a free press, an independent press, balanced against the public's right to an effective law enforcement and investigation? My argument was there should be some balancing so that in the process of prosecuting people, the press' independence is not diminished.

FRAZIER: And you made that argument and you're waiting for a ruling, as I understand. So we are grateful for your explaining the dynamics of this case.

Mike DeGuerin, who is representing Vanessa Leggett. And good luck to you in your representation for her.

DEGUERIN: Thank you.

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