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Huckleberries Online

Mon., May 14, 2012, 11:50 a.m.

SR Subpoena Motions Set June 1

A hearing on the motion to quash a subpoena filed by Kootenai County GOP Central Committee Chairwoman Tina Jacobson against the Spokesman-Review is scheduled before 1st District Judge John Luster at 9 a.m. Friday, June 1. Jacobson filed the subpoena seeking to gain the identity of three anonymous commenters who posted under a thread about then Republican presidential candidate Rick Santorum's visit to Coeur d'Alene on Feb. 14: almostinnocentbystander, Phaedrus and Out of Stater Tater. Jacobson has filed suit against John/Jane Doe, alleging that she was defamed by the comments made by almostinnocentbystander. You can read the thread under the photo (with the comments removed here). Point No. 10 in the affidavit filed on behalf of the paper and myself by Duane Swinton and Joel Hazel of Witherspoon Kelley reads: "In one blog posting, a poster identified as 'almostinnocentbystander" stated somewhat fancifully, 'Is that the missing $10,000 in Kootenai County Central Committee funds actually stuffed inside Tina's blouse??? Let's not try to find out.' I (DFO) did not view this posting as a factual assertion that Tina Jacobson had stolen $10,000. Two subsequent postings, one by 'Phaedrus' and one by 'OutofStateTater,' addressed almost innocent bystander's comment." You can read the affidavit here. And Exhibits A & B here (including original comments thread. You can read support information prepared by Witherspoon Kelley here.

Thoughts?




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D.F. Oliveria
D.F. (Dave) Oliveria joined The Spokesman-Review in 1984. He currently is a columnist and compiles the Huckleberries Online blog and writes about North Idaho in his Huckleberries column.

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