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Editorial: Shield Law targeted

The perjury case against Louis A. DeNaples, the deep-pocketed and politically connected felon who was awarded a slots parlor license in the Poconos, may have ended months ago, but a witch hunt for alleged grand-jury leaks in the now moot case continues.

Prosecutors in Dauphin County dropped the perjury charges against DeNaples in April in return for his agreement to turn over control of the Mount Airy Casino Resort to his daughter. But a special prosecutor - ordered by the state Supreme Court - continues to search for alleged leaks by pressuring reporters to disclose their sources related to coverage of the DeNaples investigation.

DeNaples was charged in January 2008 with four counts of lying to gaming investigators during his vetting process to obtain a slots license. Prosecutors had alleged that DeNaples lied to regulators about his dealings with reputed mob figures and two men ensnared in a Philadelphia City Hall corruption probe during former Mayor John F. Street's administration.

Rather than fight the charges, attorneys for DeNaples launched an attack on the media, claiming grand-jury leaks. Never mind that there has been no evidence of leaks or that, while grand jury proceedings are secret, people who testify are allowed to speak to the media outside of court.

Somehow DeNaples' lawyers convinced the state Supreme Court to order Dauphin County Judge Todd A. Hoover to examine whether grand-jury secrecy rules were violated and if a special prosecutor should be appointed to investigate leaks.

Judge Hoover held extensive hearings into the matter and concluded that there were no violations and no need for a special prosecutor. Despite Hoover's clear findings, the Supreme Court ordered the appointment of a special prosecutor anyway.

Attorney Albert G. Blakey, a former York County judge, was named special prosecutor. Last week, Blakey subpoenaed a reporter at the Morning Call in Allentown.

The reporter was ordered to appear in Dauphin County Court on Oct. 29 and bring "all notes, memos, e-mail, and any other material" relating to interviews with state troopers and the assistant district attorney handling the case.

Earlier, DeNaples' attorneys were allowed to subpoena reporters from five media organizations, including The Inquirer and Daily News. A judge rightly threw out those subpoenas last year after attorneys for the media organizations argued that the state's Shield Law protects the confidentiality of reporters' sources.

The Shield Law is crystal clear about the absolute privilege journalists have against the forced disclosure of confidential sources of information. Such protection helps ensure the free flow of information long considered a hallmark of a free society.

It's even more puzzling that the leak investigation continues, given that the case that sparked the special prosecutor's appointment has been resolved.

The apparent goal is to chill sources from talking to the press and impede the media from doing their job. Or even worse, undo the Shield Law.

That's all the more reason why this Supreme Court-sanctioned fishing expedition must end.

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