His staff attorney, Ms. Bavilski failed to thoroughly research and understand the California Shield Law and how it related to Ms. Devall witnessing my attack over the phone and taking notes about it. The Shield Law offers protection for reporters against being forced to testify at trial and divulge facts discovered in the newsgathering and broadcasting process. KPCC managers evoked this privilege to prevent Ms. Devall from testifying on my behalf at trial.
The trouble is that Ms. Devall and I were not discussing facts for an on-air story; the calls were not recorded; never broadcast, and Ms. Devall’s notes were never published. KPCC’s use of this First Amendment privilege was central to my case, because it was quite possibly inappropriate, illegal, and discriminatory against me, their own employee.
In combing through my archives, I discovered the extent of Ms. Bavilski’s research about the Shield Law was to print the California Evidence Code Section 1070 just nine days before my trial start date.
Mr. Yates proceeded to use that information to substantiate—without objection-- KPCC’s attorneys’ motion to quash Ms. Devall’s trial subpoena.
“As a journalist, Cheryl Devall is provided with an absolute privilege and protection from being forced to testify about unpublished information in civil proceeding. Ms. Devall’s employer, KPCC Public Radio, has exercised, on her behalf, her legal and constitutional right not to testify, and she will, therefore, not be a witness in this trial.”
In his post-trial motion for an additur, or new trial, Mr. Yates again quoted Ms. Bavilski’s research.
“In essence, Ms. Devall’s objections were based on Ev. Code 1070 and Cal. Cons. Art. 1, 2(b), which provide journalists with an absolute protection from being forced to testify about unpublished information in civil proceedings.”
Mr. Yates and Ms. Bavilski never discussed any legal options, strategies, or precedents with me in this area of the law for the three years, before trial, that they had my case.
was and tKelli Sager neglected to adequately prepare and file with anticipation. Gregory Yates filed the subpoena for a key witness in Nazario's case after the discovery deadline and only a few weeks before trial was scheduled to start.