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Student journalists suggest convict's innocence, state subpoenas student records

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A group of Northwestern University students recently uncovered evidence that could prove the innocence of a convicted man held in prison for 31 years, and now the college is contesting state prosecutors’ demands for the students’ grades, grading criteria, evaluations of performance, personal emails to peers and professors, course materials, off-the-record interviews, unpublished student memos, expenses incurred during the investigation, and class syllabus.

The journalism students are part of The Innocence Project, a renowned course taught by David Protess (pictured) at Northwestern University’s Medill School of Journalism. As a result of the young journalists’ efforts, Anthony McKinley won a new day in court to fight off charges of killing a security guard in 1978. The students have already handed over on-the-record interviews with witnesses and copies of the audio and video tapes.

Northwestern has been resisting the subpoena, citing the students' protection under the Reporter’s Privilege Act and arguing that academic history is irrelevant to the case. “I don’t think it’s any of the state's business to know the state of mind of my students,” Protess said, in a Chicago Tribune article. “Prosecutors should be more concerned with the wrongful conviction of Anthony McKinney than with my students’ grades.”

Do you think it's right that Cook County prosecutors force such information from the students? Is it sound reasoning that grades could have incentivized the students' findings and thus skewed the case? Should their journalistic work be protected under the Reporter's Privilege Act?

Read the full story.

By Noelle Chun


Comments (6)

Oct 20, 2009
Ashley Handlin said...
Do you think it's right that Cook County prosecutors force such information from the students? Is it sound reasoning that grades could have incentivized the students' findings and thus skewed the case? Should their journalistic work be protected under the Reporter's Privilege Act?

theyre wrong for wanting the information - is it sound reasoning to think a paycheck is an incentive for 'real' reporters and thus skewed the case? regardless of their professional status they are doing journalistic work therefore it should be covered under the act.

Oct 20, 2009
Mike said...
Look at it from the other view. If you were being convicted of a crime with evidence obtained by a student journalist, wouldnt you want to know if they are legitimate or just some flakey students who possibly fabricated this information? Im not saying its right, Im just saying that theres 2 sides to this argument.
Oct 20, 2009
Kirk said...
Mike, your point doesn't hold up. If the students provided evidence, it would be up to the court and or a jury to decide if it held up. It doesn't matter where or who it comes from, it can either be proved or disproved, because the standard for overturning the conviction is typically much higher than getting the original conviction.
The Innocence Project's record on this kind of thing is excellent and quite admirable. This is a case where Cook County prosecutors are trying to smear the reputation of those who uncovered the information that may lead to the overturning of their conviction. This is fishing expedition, pure and simple--and the privilege law is absolutely meant to prevent this kind of chilling prosecutorial move against journalists from happening.
Because it's always easier to blame those who uncover the potential truth, than to defend the merits of their case.
Oct 21, 2009
A. P. said...
It is nuts. Personal emails, grades and grading criteria, memos, and performance evaluations are for job recommendations (some of it), not prosecutors.
Oct 21, 2009
dvsdoug said...
To me it sounds as if someone is really scared. A student doing a better job than a professional.
Oct 22, 2009
Don Halley said...
Not enough unbiased information provided here to form an opinion.

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