In the Matter of the Proceedings of Witness Before the Grand Jury Re Will Lewis, Will Lewis v. United States

Appellant is general manager of a Los Angeles radio station. He was found guilty of contempt for refusing to comply with a federal grand jury subpoena ordering that he produce the original of a “communique,” together with the envelope, wrapping or container in which the “communique” was delivered, received from a group claiming responsibility for the explosion of a bomb in a Los Angeles hotel on October 5, 1974. 384 F.Supp. 133 (C.D.Cal.1974). On an earlier occasion, appellant was convicted of contempt on nearly identical facts when he refused to turn over to the grand jury the originals of similar communiques from other “underground” groups. 377 F.Supp. 297 (C.D.Cal.1974). We affirmed. In re Lewis, 501 F.2d 418 (9th Cir. 1974).

Appellant challenges his present conviction on three grounds. The first is that California’s Newsperson’s Privilege Statute, California Evidence Code § 1070, prohibits holding appellant in contempt for refusing to disclose his sources of information. Appellant’s argument that the California reporter’s “shield” statute applies to contempt adjudications arising out of federal grand jury proceedings rests primarily upon Baird v. Koerner, 279 F.2d…