Feds Jail Writer in Battle Over Notes

Aug. 1, 2001 -- A woman writing a book about the slaying of a Texas millionaire's wife has become a federal prisoner in a battle pitting prosecutors against the freedom of the press.

A judge jailed Vanessa Leggett on July 20 for refusing to hand over her notes to a federal grand jury investigating the slaying of the wife of a reputed bookie.

Leggett, 33, was found in contempt of court in a closed hearing. Prosecutors asked her to give up all her notes, tapes and material — originals and copies — related to the 1997 death of Doris Angleton.

In a statement through her attorney, Mike DeGeurin, Leggett has said she is trying to protect her rights as a journalist and public's right to a free press.

"I am not a martyr, and I want to see justice done, but I am doing what I must to protect the public's interest in a free press," Leggett said.

"Her position is that she cannot be an independent journalist while acting as an investigator for the government," said DeGeurin. "Then she becomes an agent of the government and her sources up and go away … and you don't have a free and independent press."

Prior Compromise Leads to Current Woes

Leggett's involvement in the Angleton case began after Texas state prosecutors focused their investigation on the victim's husband, Robert Angleton, and his brother, Roger. Both were charged with capital murder, as prosecutors believed Robert hired Roger to kill his wife to prevent her from collecting millions in a divorce settlement.

Roger committed suicide before he could go to trial and left behind a note that claimed he killed his sister-in-law and was framing Robert to extort money from him.

Leggett interviewed Roger in prison before his suicide. She was subpoenaed and handed over copies of her notes and taped interview with Roger to a state grand jury only after reaching an agreement in which investigators promised to give the materials back to her, DeGeurin said.

According to DeGeurin, that information only verified public information that was revealed in Roger Angleton's suicide note.

Leggett's notes were never admitted at Robert Angelton's 1998 trial, and she was never asked to testify. Robert Angleton was ultimately acquitted of capital murder. But, DeGeurin said, prosecutors made copies of Leggett's materials and handed them over to federal officials, ultimately leading to the writer's subpoena before the federal grand jury.

Now, a federal grand jury is conducting a secret investigation related to Doris Angleton's slaying. Officials refuse to comment on the probe. Robert Angleton's attorney has speculated publicly federal officials are trying to look for ways charge his client with money laundering or tax evasion and essentially will retry the murder case to gain a conviction.

Justice Department officials refuse to comment on Leggett's arrest and the relevance of her notes to their investigation.

"In general, they're asking her to give the government the archives of all her research, all of her confidential and non-confidential sources, her original tape recordings and copies of tape recordings," DeGeurin said. "She would be left with nothing."

A Shift in Justice Department Policy?

According to the Reporters Committee for Freedom of the Press and the First Amendment Center, the last time the Justice Department had a reporter imprisoned was in 1991, when four South Carolina journalists were jailed for refusing to testify at the corruption trial of a state senator.

Since 1973, all Justice Department requests to subpoena and imprison reporters have had to be approved by the U.S. attorney general. To warrant a reporter's subpoena and imprisonment, Justice Department officials must prove the reporter's information is directly relevant to the case and that investigators have no other way of obtaining the information.

Press freedom advocates say Leggett's arrest is disturbing and may indicate a Justice Department shift in policy regarding freedom of the press and criminal investigations.

"I think every time something like this happens, journalists are reminded that they have to protect themselves, and it raises their consciousness," said Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press in Arlington, Va. "In my opinion, it may signal changes in Justice Department policy. The rules for the Justice Department going after journalists have been reasonably clear.

"This is just a bizarre case," Dalglish continued. "Her arrest occurred behind closed doors, we don't even know what it is they're looking for. If she [Leggett] hadn't contacted us before [her arrest], she would be in jail right now and no one would even know about it."

Others believe Leggett's case could have a chilling effect on journalists if her imprisonment continues. Federal officials, advocates say, must be allowed to conduct their investigation, but not at the expense of reporters and public's right to a free press.

"Anytime a person is gathering information independently for the purpose of informing the public, whether it be through a book or a news organization, and that person is harassed, it's a time for the public to sit up and take notice," said Paul McMasters, First Amendment ombudsman for the Virginia-based First Amendment Center.

"We must believe the Justice Department has legitimate need to conduct an investigation," he said. "But the public has a legitimate need to know that the press is free and not subject to harassment from the government."

Texas does not have strong "shield" laws that protect journalists who do not want to reveal their sources. But even if Texas did, McMasters said, it would make little difference in Leggett's case because she has been arrested in a federal investigation.

A Free-Lancer’s David vs. Goliath Curse

McMasters suggested Leggett's status as a free-lancer and lack of ties to a large newspaper or news network may hinder her battle against the Justice Department. He believes a newspaper or large news organization may not have allowed Leggett to be imprisoned in a closed hearing and used legal resources to force the government to justify its need for Leggett's information and her imprisonment.

"The feds are probably counting on, one, she doesn't have the resources and means to fight them very long; two, that she would have a difficult time putting herself in the same category as reporters working for a news network and newspaper; and, three, several court cases where journalists have been required to give information to federal investigators," McMasters said.

DeGeurin has filed a motion for an expedited appeal of Leggett's imprisonment in federal court and expects a ruling within a month. The Reporters Committee for Freedom of the Press filed a petition on Leggett's behalf with the same court Monday.

If Leggett's appeal is denied, DeGeurin said she could be imprisoned for as long as the federal grand jury investigating the Angleton case remains in session. Though the grand jury is expected to close in October, its session could be extended and DeGeurin estimated that could mean 18 months of total prison time for Leggett.

"What we need is balance," DeGeurin said. "The investigative interests of the government should be balanced with the needs of the reporter. But what has often happened in recent years [in state cases] is that the government's interests outweigh the reporter's, and that could just have a chilling effect."