Paper: HOUSTON CHRONICLE
Date: THU 11/23/95
Section: a
Page: 37
Edition: 3 STAR

Chronicle staffers get subpoenas/DA wants source of grand jury leak

By JOHN MAKEIG
Staff

Two Houston Chronicle editorial staffers have been subpoenaed to appear before a Harris County grand jury and will be asked to identify unnamed sources quoted in a Sept. 29 story about a controversial police shooting in Bellaire.

District Attorney John B. Holmes Jr. said he wants to use reporter Jennifer Lenhart or assistant city editor Mike Snyder as a sort of legal springboard to get at the grand juror or grand jurors who supplied the Chronicle with information about the case.

The pair are to appear Dec. 19. Holmes said Lenhart is the focal point of the investigation. He referred to Snyder, who edited Lenhart's story, as a procedural witness.

"Jennifer is not the target of this inquiry. She's the source. She's the witness," Holmes explained. "I'm not mad at Jennifer. I'm not mad at the Chronicle. But I do want to prove the point that what happened in the grand jury is secret. I think (Lenhart) did it because she was doing her job, but the grand juror cannot do what they did."

Under Section 39.06 of the Texas Penal Code, a "public servant" - in this case a grand juror - might be guilty of a third-degree felony if he or she passes on official information for personal gain or to harm someone.

A new provision in the Code of Criminal Procedure calls for a $500 fine or imprisonment not to exceed 30 days for those who "pass along"grand jury information.

Chronicle Managing Editor Tony Pederson and the paper's lawyer, William Ogden, made it clear they support Lenhart in protecting her unnamed sources.

"I think Johnny Holmes has every right and obligation to protect the grand jury process, but I also believe that a reporter has the right to tell the truth without fear of prosecution," Pederson said.

"If the reporter is asked to reveal the source of the stories, the Chronicle will do everything possible to protect those rights," Pederson said.

The situation dates to the 180th District Court grand jury's decision Sept. 27 not to indict Bellaire police Officer Michael Leal in the July 15 fatal shooting of 17-year-old Travis Allen.

Two days after Leal was nobilled, a story written by Lenhart quoted grand jurors talking about the panel's deliberations, the debate between grand jurors and how they split 7-4 on the subject.

Not long afterward, Holmes assigned four investigators to locate grand jurors who voted on the Leal case. They carried forms for grand jurors to complete that included questions about whether they talked to anyone about their deliberations. Holmes said one grand juror would not sign the form, but the others denied divulging secrets.

Holmes stressed that he does not mean to have Lenhart jailed, just to get the name of her sources. If she refuses, Holmes said, she will be taken from grand jury chambers to state District Judge Michael T. McSpadden's courtroom and asked again, in open court, to provide the names.

Refusals by Lenhart in both places could lead to a finding of contempt of court, and that could mean jail. Whether it might be a 30-day stay in the Harris County Jail for contempt, or an indefinite stay until she reveals names, is uncertain.

Pederson said that the story was carefully edited and involved the decision-making of several editors.

"Clearly, this is a story of considerable public interest," Pederson said. "It involves the use of deadly force by police officers. It involves the death of a teen-ager.

"This story was discussed in detail before publication, and the individual reporter involved understood fully the risks and potential consequences," he said. "I appreciate her standing on this matter of conscience, and she will have the full support of the Chronicle."

Ogden would not say if Lenhart will refuse to answer questions.