Former journalist subpoenaed to testify at ex-mayor’s criminal trial

Barrett Newkirk, a former reporter for The Desert Sun, was subpoenaed on April 24, 2025, in connection with the Indio, California, trial of an ex-mayor accused of taking bribes. A judge ruled in May that the state’s shield law doesn’t protect Newkirk from being questioned about his coverage.

According to court filings reviewed by the U.S. Press Freedom Tracker, Newkirk worked on two articles in April 2015 concerning Stephen Pougnet, then mayor of Palm Springs, and his dealings with two real estate developers.

Pougnet was indicted in 2019 alongside developers John Wessman and Richard Meaney on felony counts of bribery, perjury and conflict of interest, The Desert Sun reported. Less than a month before the case was finally set to go to trial, prosecutors subpoenaed Newkirk, ordering him to appear to testify before the jury on May 1.

Attorneys representing Newkirk and The Desert Sun asked a judge to strike down the subpoena in an April 30 filing, arguing that the former reporter’s testimony was not needed to verify Pougnet’s quotes in the articles and that, given more than a decade had passed, he was unable to recall details to authenticate the quotes.

They added that anything else that Newkirk might be asked about at trial — such as his newsgathering and reporting techniques — is squarely protected by the state’s shield law, particularly as it is the prosecution that seeks his testimony.

Were the subpoena to be enforced, they argued, it would “convert Newkirk and The Desert Sun into a ‘research tool’ or ‘investigative arm’ of the prosecution, called to testify whenever they may have obtained news or an interview that the government might find useful.”

The prosecution argued in its response that reporter’s privilege only extends to information about sources and unpublished materials, not the standards and practices behind attributing quotes in articles.

“Indeed, some might say that the public is entitled to know what standards apply to quoting and attributing statements in the press, and in fact many journalistic organizations post their standards on these issues online,” Deputy District Attorney Natasha Sorace wrote.

Superior Court Judge Samuel Diaz Jr. sided with the prosecution on May 7, but ruled that he would hear additional arguments on whether the evidence would be admissible before compelling Newkirk to testify, according to The Desert Sun.

Before a hearing could be scheduled, Pougnet pleaded guilty May 14 to more than a dozen counts — including bribery, conspiracy and holding prohibited financial interests in public contracts — and entered no contest pleas to three perjury charges.

The U.S. Press Freedom Tracker was unable to confirm whether the prosecution still intends to pursue Newkirk’s testimony at the trial of Pougnet’s co-defendant, Wessman, which is scheduled to begin May 19 or 20.

Newkirk, his attorney and Gannett — The Desert Sun’s parent company — did not respond to requests for comment. The Riverside County District Attorney’s Office declined to comment on the pending case.