Ross Jones
WXYZ is trying to quash a subpoena to compel its former reporter Ross Jones to testify in the upcoming civil trial involving a former public school student who is suing ex-City Council President Charles Pugh. Trial is set for Nov. 3 in federal court.
Attorney James Stewart of Honigman Miller Schwartz and Cohn filed a motion in U.S. DIstrict Court in Detroit on Monday to kill the subpoena, saying:
Courts have long known that special concerns arise when a litigant issues a subpoena to the press seeking testimony regarding that news organization’s newsgathering efforts. Thus, courts often acknowledge that special protections should accordingly apply in those circumstances.
If the judge orders Jones to testify, he could appeal to a higher court. Eventually, if the higher court orders him to testify and he refused, he could be held in contempt of court and fined and jailed.
As an alternative to quashing the subpoena, WXYZ is asking for a protective order for Jones in which the court would determine if his testimony is necessary after hearing testimony from Pugh and the plaintiff's mother. And if he is ordered to testify, WXYZ is asking that the judge limit the scope of Jones' testimony.
The former student, who was 18 at the time of the issue, is suing Pugh, saying the then-council president tried to sexually seduce him while he was his mentor, offering him gifts and cash.
The former student's attorney Bill Seikaly has subpoenaed Jones, who recently left Detroit to work in Washington for WXYZ's parent company.
Seikaly wants Jones to testify about what he heard when he was present for a telephone conversation between Pugh and the youth's mother.
The court filing on behalf of Ross states:
As Jones and his counsel understand things, Plaintiff seeks Jones’ testimony to confirm the testimony of Plaintiff’s mother as to what Pugh said to her during this conversation. Plaintiff also seeks that Jones authenticate a video on the WXYZ web site of Jones’ interview of Pugh in New York in May 2014.
Neither of these is a valid basis to disrupt Jones’ life, especially in these circumstances. Any testimony about Pugh’s statements on the telephone call with Plaintiff’s mother would be cumulative of the mother’s testimony, and, if and when Pugh testifies he may well concede the conversation and confirm the mother’s testimony himself. Additionally, a local WXYZ representative can testify competently to authenticate the New York interview tape posted on the WXYZ site. For at least these reasons, the subpoena should be quashed pursuant to Federal Rule of Civil Procedure 45.
Having Jones testify and confirm what was said during the conversation between Pugh and the mother could lend more credibility to the mother's testimony in court, particularly if Pugh disputes what she says.
Monday's filing goes on to express concerns about how testifying could impact Jone's news gathering:
Jones has very serious concerns that the parties will not limit themselves to the issues identified but will attempt a full scale and completely unnecessary foray into all of Jones’ newsgathering efforts and sources.
The filing goes on to say:
If the Court rules at that time that Jones must testify, Jones will agree to come to Detroit to testify rather than put the parties, the court, and the jurors through the inconvenience of a deposition in the District of Columbia.
Seikaly told Deadline Detroit on Monday:
"We don’t intend by this subpoena to infringe upon any privacy issues or privileges that the press might have. From our perspective this is no different than a reporter covering a news story about a snow storm and witnessing an accident. They’d be able to be compelled to testify as to what they had witnessed.
