WAVERLY, Ohio — In a victory for press freedom, felony wiretapping charges against Derek Myers, the publisher and editor-in-chief of the Guardian, have been dismissed, marking a victory for press freedom and journalistic integrity. The charges stemmed from Myers’ publication of audio from a courtroom, featuring the public testimony of Jake Wagner, a key witness in the 2022 George Wagner IV murder trial.
Myers, accompanied by his legal advisers, turned himself in to law enforcement in November after being informed about a warrant for his arrest. The charges were connected to an article Myers published that included audio of Jake Wagner’s testimony during his brother’s trial for his involvement in the 2016 Rhoden family killings.
The trial centered around the murders of eight members of the Rhoden family. Jake Wagner, an 8-time convicted murderer, turned state’s evidence against his brother, George Wagner, who was one of the defendants. The trial attracted widespread media attention due to its high-profile nature and the shocking details of the case.
The controversy began when Myers and the Guardian sought to record Jake Wagner’s testimony on the stand. Despite a legal challenge, then-presiding Judge Randy Deering ruled against allowing audio or video recordings of Wagner’s testimony, citing concerns about potential impact on the fairness of the trial. However, the Guardian managed to obtain audio from a third party, which the news organization included in a condensed version of Wagner’s testimony published on the Guardian’s website.
Following the publication, Myers found himself facing felony wiretapping charges and posted a $20,000 bond in November, as detectives pressured him to reveal his source.
On Friday, a special judge sitting by assignment signed a dismissal entry in the case after no action was taken by a Pike County Grand Jury. Speaking through his lawyers, Myers expressed relief and reaffirmed his commitment to upholding press freedom.
“Press freedom stands battered and bleeding, a casualty of the alarming raids on newsrooms like mine, and the reprehensible intrusion that unfolded in Kansas,” Myers said on Tuesday. “These Gestapo-inspired law enforcement tactics reek of authoritarian overreach, casting a shadow over the pillars of democracy we once held high. The audacity to stifle the press underscores a chilling truth: our society’s vitality hinges on a robust Fourth Estate, and any assault on it is an assault on the very heart of freedom itself.”
Myers’ legal team — comprised of seasoned attorneys from five law firms — Deborah Barrington, Chase Mallory, Jack Griener, Emmett Robinson, and Greg Barwell, worked tirelessly to secure his release and the dismissal of the charges. The team’s efforts highlight the essential role that legal experts play in safeguarding the rights of journalists and maintaining the principles of a free press.
“We appreciate new prosecutor, Michael Davis doing the right thing and using sound judgement to dismiss this case inherited from his predecessor,” said criminal defense attorney, Chase Mallory.
Despite the dismissal of the charges, authorities have not released the news-gathering equipment that was seized in a search warrant. A lawyer for the Guardian’s parent company spoke about the laptop and iPhone that remain unaccounted.
“NewsPatrol, Inc.’s equipment remains in the hands of authorities,” said attorney Greg Barwell. “Despite receiving the dismissal entry of the charges, there has been no mention on when these pieces of journalism work product will be returned, if ever. As of now, there is no communication from authorities or any word on when, if ever, the equipment will be returned.”
Another one of Myers’ lawyers, Emmett Robinson commented on the egregious nature of the acts taken by local authorities.
“What happened to Derek Myers and the Guardian is an egregious assault on the first amendment and journalism,” counselor Robinson released in a statement. “No matter your political stance, everyone should be concerned about authoritarian tactics such as newsroom raids and trumped up criminal charges against journalists.”
Myers has received support outside of his legal team, including from multiple press associations, who have condemned the charges and seizures.
Committee to Protect Journalists’ called the proceedings concerning.
“The incompetency of local law enforcement to abide by basic legal proceedings would be comical if it were not so concerning,” said Committee to Protect Journalists’ U.S. and Canada Program Coordinator Katherine Jacobsen.
Adam Steinbaugh, a lawyer for the Fire organization railed against the Pike County Sheriff’s office.
“As the Committee to Protect Journalists rightly pointed out in condemning the arrest and searches, the federal Privacy Protection Act and an Ohio state statute shield Myers from searches of journalistic ‘work product,'” Steinbaugh said. “The federal law, in particular, prohibits law enforcement from effectuating any search or seizure of a journalist’s work product unless the journalist has committed a criminal offense other than “receipt, possession, communication, or withholding” the information or materials at issue. That means that the Pike County sheriff’s office weaponized an expired warrant to hit a dubious trifecta: violating the Constitution, federal law, and state law, all in ways that transgress clearly established law.”
“When the First Amendment rights of one journalist are suppressed, all journalists are impacted,” said Claire Regan, Society of Professional Journalist national president. “SPJ stands by Derek Myers in his efforts to seek truth and report it, a guiding principle in the Society’s Code of Ethics.”
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