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Judge: Nelson Lee Dept. 16

Bailiff: Manny La Guardia Date: 7/23/2020
Court Clerk: Kimberly Mikesell

Digital Record: E-209

Start: 9:02:43
Stop: 11:58:35


In Re: Subpoena Duces Tecum to Kiro TV, Inc. et al (collectively, the "News
Media Companies" Pursuant to CrR2.3(f) and 10.79.015(3)


"News Media Companies" represented by counsel Eric Stahl, appearing by phone.

Seattle Police Department represented by Brian Esler, participating by phone.
The Reporters Committee for Freedom of the Press is represented by Madeline Lamo,
appearing by phone.
The City of Seattle is represented by counsel Gary Ernsdorf, appearing by phone.
Detective Michael Magan of Seattle Police Department is present, appearing by phone.


The Judge and Bailiff are present in open court. The Clerk is present by phone,
recording the hearing remotely.

The Court notes for the record that the courtroom is open, being held remotely due to
public health measures.

Madeline Lamo representing The Reporters Committee for Freedom of the Press
addresses the Court.

9:32:20 Detective Michael Magan is sworn and examined by the Court and respective

10:58:50 Respective parties present oral arguments.

Rev: 10/24/12 Page 1 of 2

In Re: Subpoena Duces Tecum to Kiro TV, Inc. et al (collectively, the "News
Media Companies" Pursuant to CrR2.3(f) and 10.79.015(3)
King County Cause No. 20-0-61692-6 SEA

The Court makes its ruling.

The Court orders the media (collectively "News Media Companies") to provide
requested video/photo materials to the City of Seattle Police Department.

The Court's ruling includes the following components and parameters:

The data and information to be provided to the City shall be used solely for the
purposes of determining the individual(s) involved in the commission of the arson with
respect to the Seattle Police vehicles (marked and unmarked), as well as the theft of the

While the Court acknowledges the public's interest in having other crimes solved, the
material provided by the media shall not be used to investigate any malicious mischief,
burglary, or vandalism to businesses or property. For the purposes of this matter, the
public's interest in those matters does not outweigh the media's interest in limiting the
material provided to the City of Seattle.

If any material turned over by the media is used for any purpose outside the parameters
of this order, the Court will order that party in contempt of court. Additionally, the use of
this material as evidence in any other case outside the scope of this order would be
rendered illegally obtained and in violation of this court order, unless somehow the
parties seeking to use it can prove there is independent evidence of crimes being

The Court and parties discuss timeline for media to provide the requested materials to
the City of Seattle. A status hearing is scheduled for July 30, 2020 at 9:00 a.m. to
further discuss logistics of the exchange of video/photo footage.

The Court notes for the record there have been approximately 16 participants on the
conference call for this hearing, held remotely due to COVID-19 measures.

Order to be signed.

11:58:35 Court adjourns.

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