Devices illegally seized in investigation of reporter’s murder, Review-Journal argues

The Las Vegas Review-Journal filed a motion for a protective order on Sept. 26, 2022, arguing that authorities should be barred from searching the electronic devices seized as part of the investigation into the murder of reporter Jeff German.

German, who had covered crime and political corruption in Las Vegas for more than 40 years, was stabbed outside his home on Sept. 2. Clark County Public Administrator Robert Telles was arrested on suspicion of murder less than a week later and is being held without bail awaiting trial.

According to court filings reviewed by the U.S. Press Freedom Tracker, both Clark County Sheriff Joe Lombardo and Clark County District Attorney Steve Wolfson contacted the Review-Journal, alerting the newspaper to the seizure of German’s devices and requesting a waiver to allow authorities to search them.

The Clark County District Attorney’s Office did not respond to an emailed request for comment.

In total, officers seized an iPhone, three iMacs, a Macbook and an external hard drive from German’s home, according to the motion. The Las Vegas Metropolitan Police Department told the newspaper in writing on Sept. 16 that the devices had not been searched and would not be until the court issued an order authorizing the review.

Ashley Kissinger, an attorney representing the newspaper, sent a letter to the Metro Police Department, the Clark County public defender representing Telles and the District Attorney’s Office on Sept. 21 listing their concerns and requesting a call to further discuss the issue. Kissinger sent a follow up letter two days later proposing a resolution before resorting to filing a motion for a protective order.

When reached for comment, Review-Journal Executive Editor Glenn Cook provided a copy of the motion and declined to comment further.

The letters and the motion filed on the Review-Journal’s behalf on Sept. 26 argue that German’s contacts, communications and work product are protected from seizure and review under Nevada’s shield law and the federal Privacy Protection Act.

“The Review-Journal appreciates the efforts of law enforcement to investigate the murder of Mr. German, and of all those seeking to ensure that justice is done for this horrific crime,” the motion states. “However, the newspaper has serious and urgent concerns about the protection of confidential sources and other unpublished journalistic work product contained in the Seized Devices.”

The motion further requests that the court allow the Review-Journal to review the devices, identify the newsgathering materials contained on them and determine whether it wishes to waive its privilege concerning any of the files.

The Committee to Protect Journalists, a founding partner of the Tracker, expressed its support for the newspaper.

“A murder investigation should not be used as a pretext to access unreported source material that should be protected by both the First Amendment and Nevada’s shield law,” CPJ U.S. and Canada Program Coordinator Katherine Jacobsen said in a statement. “If law enforcement were to gain access to decades of Jeff German’s unpublished work, including sensitive source material, it would make an already difficult situation even worse.”

According to the court filing, a hearing on the motion is scheduled for Sept. 28.