WAVERLY, Ohio — The Pike County Sheriff has charged a journalist with “wiretapping” after a news publication posted audio from a courtroom.
The Guardian’s editor-in-chief, Derek Myers, turned himself into law enforcement Tuesday morning with one of his legal advisers by his side. The charge stems from a news article Myers published last week that included the public testimony of 8-time convicted murderer, Jake Wagner. Wagner turned state’s evidence against his brother, George Wagner who is currently on trial, and spent four days last week testifying after the brothers, along with their mother Angela and father Billy were indicted for the 2016 killings of eight members of the Rhoden family; a child custody dispute was the motive, prosecutors allege. George Wagner’s trial entered its sixth week on Monday with an anticipated two weeks to go.
Judge Randy Deering made an order before the trial started that any witnesses, including co-defendants who wanted to “opt out” of being filmed by the news media could do so. Jake Wagner chose not to be recorded by the news media, however, any member of the public could attend the court proceeding and hear his testimony in person. Cell phones and laptops were banned from the courtroom, as well. Midway through Jake Wagner’s testimony, the Guardian’s editor sued the presiding Judge, Randy Deering in the Fourth District Court of Appeals seeking the higher court’s intervention to allow the news media to record Wagner’s confession on the stand. Initially, the district court ordered Deering to allow the recording of witnesses unless he showed cause that the witness’ testimony being filmed could jeopardize the fairness of the trial. In a blow to the higher court win, Deering ruled that if Jake Wagner was to be on camera he might be “nervous” and not tell the truth, and it could jeopardize the fairness of the trial. Therefore, he remained off camera without audio.
On Friday, the Guardian published a condensed version of Jake Wagner’s testimony that occurred on his first day on the stand, including audio that was provided to the news media by a third party; the article was written by Myers. In the article, Myers wrote, “The Guardian received a portion of Jake Wagner’s testimony on his first day on the witness stand. The Guardian wants to disclose that the audio was not recorded by a member of the media and was submitted to the Guardian’s newsroom by a courthouse source who is authorized to have their cell phone in the room.”
Following the weekend, on Monday, the Guardian learned through legal counsel that a warrant had been issued for the journalist who wrote the story. The Guardian’s legal team met and organized a peaceful, voluntary surrender to the Sheriff. Also on Monday, Deering banned those in the gallery of the trial from wearing smartwatches or Fitbits.
“We’ve sued the Judge in this trial twice for media access and have won both times,” Myers said in a statement through his lawyers on Tuesday. “This will not distract the Guardian from reporting on the trial as we vigorously defend our freedoms. They simply arrested the name of a journalist on the byline of a news article.”
Myers added, “It’s not a good time in our country if the government is expending so much energy trying to find out who journalists are talking with or their sources. Have they gone mad?”
Myers is represented by four lawyers in the matter, including longtime Chillicothe defense attorney, Deborah Barrington, Columbus-based celebrity defense attorney, Chase Mallory, Cincinnati-based premiere first amendment rights lawyer, Jack Griener, and civil rights attorney, Greg Barwell, also of Columbus.
Myers was released on a $20,000 bond Tuesday afternoon.