Subpoena Served On Forum Operator As McAlester DA Seeks Identities Of Anonymous Posters
By Tony Thornton/The Oklahoman ~ An online message board operator said Tuesday he won't comply with a subpoena ordering him to supply identities of people who issued critical posts about McAlester officials.
The subpoena orders him to provide details by Saturday on 35 bloggers posting under pseudonyms on King's site, http://www.mccooler.net/.
He said he researched posts under those pseudonyms and found one common denominator: All had written critically about Pittsburg County District Attorney Jim Miller (pictured).Miller said by telephone: "I can't comment on any investigation, and whether one's going on or not.”
The subpoena doesn't say who issued it. A legal expert contacted by The Oklahoman said only two authorities — a prosecutor and a judge — can issue a subpoena in a criminal matter.
His subpoena is the most recent of King's troubles traced to his Web site. The site focuses on McAlester politics — particularly matters related to former state Sen. Gene Stipe.
In December 2005, King filed a police report claiming Stipe assaulted him. Stipe and his brother Francis filed a stalking complaint, accusing King of harassing them. Gene Stipe also obtained a protective order against King and accused him of libel.
Last weekend, King filed a police report accusing Francis Stipe's son, Wayne, of punching him in the face at a local grocery store.
An advocate of open government said he's concerned the subpoena could have "a chilling effect.”
"It just smacks of trying to chill criticism,” said Joey Senat, past president of FOI Oklahoma Inc. and associate professor of journalism at Oklahoma State University.
"We have a right to speak anonymously, especially about political matters,” Senat said.
Harold King said two McAlester police detectives delivered the subpoena to him Tuesday.
The subpoena orders him to provide details by Saturday on 35 bloggers posting under pseudonyms on King's site, http://www.mccooler.net/.
He said he researched posts under those pseudonyms and found one common denominator: All had written critically about Pittsburg County District Attorney Jim Miller (pictured).Miller said by telephone: "I can't comment on any investigation, and whether one's going on or not.”The subpoena doesn't say who issued it. A legal expert contacted by The Oklahoman said only two authorities — a prosecutor and a judge — can issue a subpoena in a criminal matter.
His subpoena is the most recent of King's troubles traced to his Web site. The site focuses on McAlester politics — particularly matters related to former state Sen. Gene Stipe.
In December 2005, King filed a police report claiming Stipe assaulted him. Stipe and his brother Francis filed a stalking complaint, accusing King of harassing them. Gene Stipe also obtained a protective order against King and accused him of libel.
Last weekend, King filed a police report accusing Francis Stipe's son, Wayne, of punching him in the face at a local grocery store.
Miller wouldn't say whether he plans to file assault charges.
An advocate of open government said he's concerned the subpoena could have "a chilling effect.”
"It just smacks of trying to chill criticism,” said Joey Senat, past president of FOI Oklahoma Inc. and associate professor of journalism at Oklahoma State University.
"We have a right to speak anonymously, especially about political matters,” Senat said.
Labels: Francis Stipe. Harold King, Gene Stipe, Jim Miller, McAlester Watercooler, Wayne Stipe
posted by Mike McCarville @ 8:56 AM
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