New York v. Sherwood [1]

Ontario County District Attorney R. Michael Tantillo subpoenaed Canandaigua Messenger Post [2] reporter Julie Sherwood to testify at the DWI trial of Canandaigua Town Supervisor Lloyd Kinnear — the second such subpoena in the case.

Attorney Michael J. Grygiel, a partner with the Albany-based firm Hiscock & Barclay, LLP, represented the Messenger and Sherwood. He argued that the subpoena should be quashed because the testimony sought is not critical or necessary to the prosecution’s case, violates the constitutional privilege applied to journalists, and would impede the Messenger’s ability to gather and report news.

Kinnear was charged with felony DWI after he allegedly drove his car off the road in East Bloomfield on the night of September 5. Sherwood interviewed Kinnear on September 6 for a story that was published in the Messenger Sunday, September 7 [3].

Tantillo first subpoenaed Sherwood last fall, when the case was presented to an Ontario County Grand Jury. Grygiel petitioned the court to quash the subpoena, citing arguments similar to those in the current case. On November 3, 2008, state Supreme Court Judge Thomas M. VanStrydonck granted that motion.

On April 20, 2009 Judge Stephen Sirkin ruled that Sherwood had to testify. Sirkin made his ruling based on written arguments from Tantillo and Grygiel. The judge declined to hear oral arguments in the case.