"Criminal History Checks For Stayner Trial Reporters

Seth Rosenfeld, Chronicle Staff Writer Friday, February 9, 2001

In an unusual move, court officials have required news reporters -- but no other members of the public -- to undergo computerized criminal history checks before covering the trial of Yosemite killer Cary Stayner. But after media groups questioned the policy yesterday, officials said they would reconsider it. "We are in the process of re-evaluating that right now," said court officer Michael Berest.

The fingerprint check was required of reporters who applied to cover Stayner's trial. He is charged with murdering three park visitors, Carole Sund, her daughter Juli, and their friend, Silvina Pelosso, in 1999. Court officials conceded the fingerprint check was unusual, while media representatives said it made no sense and violated the First Amendment right to attend a public trial.

Mariposa County court officials told reporters to submit fingerprints to be checked through the state Department of Justice's crime computer. The county sheriff would then review their criminal records -- if they had any -- and decide if they posed a threat to court security. Sheriff's Lt. Brian Muller said, "They would be issued a press pass, assuming there was nothing in their background that would cause concern to us."

Muller said not all prior arrests would prove a reporter was dangerous, though he couldn't specify what kind of record would warrant denial of a pass. No threats had been made in connection with the trial, he said, but, "We want to take every step possible to ensure the safety of everyone involved."

The Stayner case, set for a March preliminary hearing, is the biggest trial to come to Mariposa County, where the tiny court house rarely uses a meta detector. Lynn Holton, a spokeswoman for the state Judicial Council, which sets policy for all state courts, said she knows of no other court that had required criminal history checks of reporters.

The computer check is a violation of the public's constitutional right to attend court trials, said Terry Francke of the California First Amendment Coalition. "In effect, you have to consent to an investigation of your past life by the government in order to simply get inside the courthouse to scrutinize the government," said Francke, whose nonprofit Sacramento group is financed by several newspapers and promotes freedom of information. Francke said it "just doesn't make any sense" to check reporters but not other citizens.

Lt. Muller said the checks were required of reporters because they would have extended access to the trial, while other spectators would be allowed in only once. Muller said the policy was based on the understanding that the U.S. District Court had required similar checks of reporters who covered the prosecution of Stayner last year for decapitating Joie Armstrong on federal property. He pleaded guilty and is serving a life sentence.

But federal court official Carol Davis said no checks were done for tha trial, nor even for the trial of Unabomber Ted Kaczynski. The requirement became an issue yesterday when the Associated Press lodged the first protest against it. About 48 other reporters had submitted fingerprints, said Muller, and so far the resulting records for 16 had been reviewed with no problems found.

San Francisco Chronicle Managing Editor Jerry Roberts said that one of the paper's reporters, who faced a deadline today for getting credentials to cover the trial, had submitted to the fingerprint check. "This is a clear violation of press freedom by county officials," Roberts said. "We regret that our reporter was pressured into a background check and will protest this in the strongest possible terms."