After Fresnoland reporter Pablo Orihuela wrote about Fresno’s prosecution of a 77-year-old unhoused man under an anti-camping ordinance, the city attorney’s office subpoenaed Orihuela to testify at the trial scheduled to begin April 10, 2025.
Representing Orihuela, FAC sent a letter to the city attorney’s office on April 7, 2025, explaining that California’s reporter shield law prohibits the government from compelling a reporter to testify about any information not contained in a published story. The letter also noted that a reporter’s testimony is not necessary to ask the court to admit a copy of a published story into evidence.
When the city attorney declined to withdraw the subpoena, FAC filed a motion on April 9, 2025, objecting to the subpoena in its entirety, or in the alternative asking the court to ensure that any testimony from Orihuela was strictly limited to information already published in Fresnoland. In filing the motion, FAC was joined by Fresno-based attorney Patience Milrod.
On April 10, 2025, the court dismissed the underlying criminal charge for a speedy trial violation.
News Coverage:
- Fresno Bee: Reporters’ subpoenas issued in error, says Fresno Attorney. Could it happen again? (4/15/2025)
- Fresno Bee: Was city of Fresno planning to attack journalistic freedom? Here’s what we know (4/11/2025)
- Fresnoland: ‘Not really even prepared.’ Fresno loses its first case under the new anti-camping law (4/10/2025)
Legal Documents:
- Motion to Quash Subpoena (4/9/2025)
- Letter to City Attorney (4/4/2025)