Reporter called to testify by California city as part of criminal trial

Pablo Orihuela, a housing reporter for the nonprofit news outlet Fresnoland, was subpoenaed by prosecutors for the city of Fresno, California, on April 4, 2025, in connection with a pending criminal case.

The case involves Wickey Twohands, a 77-year-old homeless man who was arrested in October 2024 and may be the first to go to trial for alleged violations of the city’s controversial anti-camping law.

The ordinance — among the toughest in the state — went into effect in September 2024 and bans camping, sitting or lying on public property at any time. Twohands pleaded not guilty on Jan. 21, 2025.

Orihuela reported on the charges against Twohands in February after his trial was postponed so his attorney could file motions to dismiss the case. The parties are due back in court April 10 for a ruling on the motions and, if the case proceeds, the start of the jury trial.

Deputy City Attorney Daniel Cisneros ordered Orihuela to appear to testify at the hearing with less than a week’s notice, according to a copy of the subpoena reviewed by the U.S. Press Freedom Tracker.

The request did not provide any indication of what the journalist would be questioned about, and included only a copy of Orihuela’s February article obtained April 3, according to the header.

Orihuela declined to comment until after the hearing and Cisneros did not respond to a voicemail requesting comment.

David Loy, legal director for the First Amendment Coalition, wrote a letter on Orihuela’s behalf objecting to the subpoena the day it was issued.

“Even if the subpoena were timely and properly served, California’s reporter shield law absolutely protects Mr. Orihuela against a subpoena from the City compelling him to testify about any unpublished information,” Loy wrote. “Accordingly, the City should immediately cease attempting to subpoena Mr. Orihuela.”

Loy told the Tracker that the subpoena was improperly served, as it was sent via email to Orihuela and Fresnoland Executive Director and Managing Editor Danielle Bergstrom, and that without proper service a witness has no legal obligation to comply.

“It’s obviously highly significant for any reporter or newspaper or publication to get a subpoena, even by email,” Loy said. “One would hope that government lawyers would be better educated on reporter shield law.

“I’m going to assume best intentions, until proven otherwise: that this is some good-faith mistake and that hopefully — now that I’ve written to the city explaining the law — they have stopped trying to subpoena a reporter.”