People v. Slover

SUPREME COURT CASES

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People v. Slover

State: Illinois

Court: 4th District Appellate

Docket No: 4-00-0798 Rel

Case Date: 07/19/2001

July 19, 2001

NO. 4-00-0798

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS,
                    Plaintiff,
                    v.
MICHAEL SLOVER, SR., MICHAEL SLOVER,
JR., and JEANETTE SLOVER,
                    Defendants,
                    and
MICHAEL SLOVER, SR., MICHAEL SLOVER,
JR., and JEANETTE SLOVER,
        Petitioners-Appellees and
        Cross-Appellants,
                  v.
THE DECATUR HERALD & REVIEW and PEGGY
BELLOWS, Editor,
                 Respondents-Appellants and
       Cross-Appellees.

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Appeal from
Circuit Court of
Macon County
No. 00CF140

Honorable
James A. Hendrian,
Judge Presiding.

JUSTICE KNECHT delivered the opinion of the court:

The State charged defendants, Michael Slover, Jr.,Michael Slover, Sr., and Jeanette Slover, with the first degreemurder of Karyn Slover. Michael Slover, Jr., served a subpoenaduces tecum upon respondent Peggy Bellows, as editor of respondent Decatur Herald & Review (Herald). After respondents refusedto produce unpublished photographs as ordered by the trial court,the trial court cited Bellows for indirect civil contempt andsentenced her to jail, which sentence was stayed pending appeal. Respondents appeal, claiming the photographs are protected by areporter's privilege. We reverse and remand with directions.

I. BACKGROUND

In January 2000, a grand jury indicted defendants forfirst degree murder (720 ILCS 5/9-1(a)(1), (a)(2) (West 1996))based on the September 1996 homicide of Karyn Slover, and indicted Michael Slover, Jr., and Michael Slover, Sr., for concealing a homicidal death (720 ILCS 5/9-3.1(a) (West 1996)) andMichael Slover, Jr., for perjury (720 ILCS 5/32-2(a) (West 1998))for a June 1999 false statement under oath in Slover v. Slover,No. 96-D-291 (Cir. Ct. Macon Co.).

In June 2000, counsel for Michael Slover, Jr., caused asubpoena duces tecum to be issued to persons employed at eightmedia organizations, including Sharon Reynolds, a librarian withthe Herald. The subpoena issued to Reynolds commanded her toproduce specified items in her custody, including:

"all edited and unedited, published and unpublished, broadcasted and not broadcasted,photographs and moving picture or video depictions concerning the disappearance, dismemberment, concealment and/or death of KarynHearn Slover, including the investigation andprosecutions relative thereto, for the periodof 9/27/96 to present."

When Reynolds refused to produce unpublished photographs as ordered, Michael Slover, Jr., petitioned for a rule toshow cause as to why she should not be held in contempt. Reynolds objected to the subpoena, asserting a qualified reporter'sprivilege based on section 8-901 of the Code of Civil Procedure(Code) (735 ILCS 5/8-901 (West 1998)) and the free press guaranties in the federal constitution (U.S. Const., amend. I) and theIllinois Constitution (Ill. Const. 1970, art. I,