(09-21) 18:09 PDT --
Chronicle reporter Lance Williams' statement to the court on
Thursday:
Judge, I am Lance Williams. Thank you for allowing me to address you
as you consider what penalty to impose on Mark and me. I want to underscore
something Mark said. We mean absolutely no disrespect to you or to the
justice system when we say we cannot comply with the prosecutor's demands
for our sources.
I've been a reporter since 1973, and I have spent much of that time
covering legal matters, six years full-time at the Alameda County
courthouse in Oakland, in and out of this courthouse countless times, and
many others all over the West. I have gotten to know many judges,
prosecutors, defense lawyers and court personnel, and have tremendous
regard for the great majority of them and profound respect for the system
they serve.
Perhaps I was attracted to reporting on courts because at its highest
level the mission of our legal system seems to me to be similar to the
ideals of public service journalism: Both seek truth to obtain justice. And
so I have never been what you would call an absolutist when it came to the
occasional Constitutional conflicts that have arisen over the years between
the press and law enforcement or the courts.
Tensions are inevitable, but I always thought that almost all of those
conflicts could have been resolved if the parties simply talked to each
other enough to understand each other's perspectives on their respective
Constitutional roles. I do find it ironic that I now find myself a
defendant in a dispute of this sort; ironic, too, that in our case
conversation and compromise have never seemed possible.
Judge, please do not think that I have made a choice to decline to
accede to the prosecutor's demands. To me, the choice in this case is all
the government's, and their demands are simply impossible for me to comply
with. They demand that I give up my career and my livelihood -- for if I
betray my sources, I cannot work any longer in investigative journalism,
work that requires above all the ability to keep confidences.
They demand that I throw over some of my most deeply held ethical and
moral beliefs: Both as a journalist and a person, I believe it is essential
to keep my promises to people who have taken me at my word, and based on
that have helped me with my work.
Finally, they demand that I betray our First Amendment, which I have
tried to serve. I have been taught the First Amendment guarantees the
people not only the right to voice their opinions about our government, but
also the right to inquire into the workings of the government, and to have
a Free Press that will inquire into the government's workings on their
behalf.
And now we have reached a time in our country when the prosecutors say
they have the power whenever they choose to subpoena reporters and make
them government witnesses, and that they are going to exercise that power.
Judge, I despair for our Free Press if we go very far down this road.
Whistleblowers won't come forward. Injustices will never see the light of
day. Our people will be less informed and worse off.
In determining how to punish Mark and me, I do ask for you to take
into account the work we did and what has occurred in our country as a
result. I know the prosecutor has said that our stories have no value, and
were just a titillation, and so forth, but so many people disagree with him
that I must disagree with him, too.
President Bush's praise of our work, which Mark mentioned, was
particularly meaningful to us because the president has a significant
understanding of the importance of sports to the American people,
especially young people, and because the president was a leader in
recognizing the dangers posed by the rise of steroids in our sports. I hope
you can consider his perspective.
I would also mention Mrs. Garibaldi, a brave woman, who lost her dear
son in a heartbreaking way, who says she believes our stories have
prevented other boys from using these powerful drugs and ruining their
lives.
I ask that if at all possible you consider her perspective too, and
the perspective of the other people who have submitted declarations to you
and who see our stories as valuable and an important public service.
