By Manuel De La Rosa, Reporter, KII-TV

It was great to hear last month when Texas became the 37th state to have a Shield Law. The new law allows reporters a qualified privilege so they can protect their sources and not have to testify or produce notes and tapes in court gathered while acting as a journalist.

The law will encourage whistleblowers to speak about corruptions with the knowledge they will be protected under the state's Free Flow of Information Act i.e. the Shield Law.

Recently, a colleague of mine at KIII-TV in Corpus Christi, Texas gained national attention after this new law was put to the test.

Katy Kiser is a great enterprising reporter who was investigating a case of a sexual assault of a homeless woman last summer. Another homeless person gave Kiser instructions on how to find the person accused of committing the crime.

Kiser went to the location and found the accused man, Kenneth Hubbard, who she interviewed at his homeless tent in the Flour Bluff area of Corpus Christi. He explained what happened and claimed he did beat the alleged victim up but that the sex was consensual.

“They arrested Hubbard shortly after my story ran, but detectives never interviewed him,” Kiser said. “I apparently was the only one who had actually asked him personally about the attack on the woman.”

Hubbard was set to go to trial for aggravated sexual assault on May 26. A Nueces County Assistant District Attorney wanted to subpoena Kiser so she could authenticate her interview she conducted in July 2008.

“It seemed a bit odd,” said Kiser, who has been working as an anchor/reporter for more than 10 years.” My news director told me they already had our video from the air check, so to need me there as well seemed pointless.  Of course, as I learned later, the prosecutor would tell me the police did a really bad job on the case.”

The prosecutor threatened to put Kiser in jail, if she didn't appear in court and testify.

“I thought it was a bit extreme and unnecessary,” said Kiser. “I believed in news reporting and have come to the conclusion you have to go to jail to stand up for what we believe in as journalists.”

Kiser stood up to the system and used this new Shield Law in Texas. Jorge Rangel, an attorney for KIII-TV, filed a motion to quash the subpoena, saying there was no need for her to testify and the story spoke for itself.

“I wasn’t an instrument and journalists should never be used as investigators for prosecutors,” said Kiser. “The Shield Law protected me and the integrity of the profession.  I was proud of my news director, Richard Longoria, and the station for backing me on this issue.”

Sandra Watts, the Nueces County District Judge overseeing the trial, agreed and refused to allow Kiser to authenticate Hubbard's interview.  Prosecutors were still able to use the story that ran on the air as evidence in the case.  Hubbard ended up pleading to a lesser charge of aggravated assault and was sentenced to eight years in prison.

“In a way I do think it turned out well because it protected the professionalism and the guy still got prison time,” Kiser said.

Kiser became an eye in the national media as this was the first time the Shield Law was used in Texas. The story about what happened to Kiser ran in newspapers and Web sites across the nation and internationally.
 
“I had no idea the case would spark so much interest, but now I can see why,” Kiser said. “I had a very intelligent attorney create a very intelligent brief.  I kept a copy and sent it to my attorney sister up in Baltimore, so she could know the kind of laws out there protecting my profession.”

This was a big victory for journalists in Corpus Christi, the Coastal Bend and Texas. It showed how good legislation and good laws can help the public. It also allows us to be able to report with fear or repercussion of being called to testify in a court case. More so, journalists will be able to do good quality investigative stories with confidential sources and uncover corruption in schools, government and public safety hazards.