Incident Details
- Date of Incident
- April 4, 2025
- Location
- Fresno, California
- Targets
- Pablo Orihuela (Fresnoland)
- Legal Orders
-
-
subpoena
for
other testimony
- April 4, 2025: Pending
- April 4, 2025: Objected to
- April 10, 2025: Dropped
-
subpoena
for
other testimony
- Legal Order Target
- Journalist
- Legal Order Venue
- State
Subpoena/Legal Order
A portion of the April 4, 2025, subpoena issued to Fresnoland reporter Pablo Orihuela by a prosecutor in Fresno, California, ordering the journalist to testify April 10 as part of the criminal case against a homeless man.
Subpoena for reporter’s testimony dropped after anti-camping case dismissed
A subpoena issued to Fresnoland reporter Pablo Orihuela was dropped on April 10, 2025, after a California judge dismissed the criminal case at which he was ordered to testify.
The case involved Wickey Twohands, a 77-year-old homeless man arrested in October 2024 for alleged violations of the city’s controversial anti-camping law.
Orihuela told the U.S. Press Freedom Tracker that after prosecutors for the city of Fresno attempted to serve him a subpoena over email April 4 ordering him to testify at Twohands’ trial, the newsroom sprang into action.
“I’m very happy with Dani and Rob, two of my editors, who made sure to let me know they had my back,” Orihuela said of Danielle Bergstrom, Fresnoland managing editor, and Rob Parsons, senior editor. “They let me know, ‘Hey, is this something you want to circumvent? We can send another reporter. Is this something you want to tackle head-on? We can absolutely get all the legal resources we need.’”
He decided on the latter, and they quickly contacted the First Amendment Coalition — whose Legal Director David Loy wrote a letter objecting to the subpoena — and secured the representation of attorney Patience Milrod.
When they arrived at the courthouse April 10, Orihuela said, “We came pretty prepared, legally speaking.”
A court official served Orihuela a copy of the subpoena in person while they were waiting inside the courtroom, but it was rendered moot and functionally dropped shortly after, when County Judge Brian Alvarez dismissed the case against Twohands on a technicality.
Orihuela told the Tracker that all of his team’s preparation ended up being unnecessary.
“That was hours and hours of work we had to go into on my end: signing a declaration, checking letters with David and Patience, getting on Zoom calls,” Orihuela said. “It was kind of all for nothing. The case got dismissed. But in the moment there was a bit of frustration that so much of our bandwidth had to get dedicated to this thing that, with all due respect, we believe never should have happened.”
Pablo Orihuela, a housing reporter for the nonprofit news outlet Fresnoland, was subpoenaed by prosecutors for the city of Fresno, California, on April 4, 2025, in connection with a pending criminal case.
The case involves Wickey Twohands, a 77-year-old homeless man who was arrested in October 2024 and may be the first to go to trial for alleged violations of the city’s controversial anti-camping law.
The ordinance — among the toughest in the state — went into effect in September 2024 and bans camping, sitting or lying on public property at any time. Twohands pleaded not guilty on Jan. 21, 2025.
Orihuela reported on the charges against Twohands in February after his trial was postponed so his attorney could file motions to dismiss the case. The parties are due back in court April 10 for a ruling on the motions and, if the case proceeds, the start of the jury trial.
Deputy City Attorney Daniel Cisneros ordered Orihuela to appear to testify at the hearing with less than a week’s notice, according to a copy of the subpoena reviewed by the U.S. Press Freedom Tracker.
The request did not provide any indication of what the journalist would be questioned about, and included only a copy of Orihuela’s February article obtained April 3, according to the header.
Orihuela declined to comment until after the hearing and Cisneros did not respond to a voicemail requesting comment.
David Loy, legal director for the First Amendment Coalition, wrote a letter on Orihuela’s behalf objecting to the subpoena the day it was issued.
“Even if the subpoena were timely and properly served, California’s reporter shield law absolutely protects Mr. Orihuela against a subpoena from the City compelling him to testify about any unpublished information,” Loy wrote. “Accordingly, the City should immediately cease attempting to subpoena Mr. Orihuela.”
Loy told the Tracker that the subpoena was improperly served, as it was sent via email to Orihuela and Fresnoland Executive Director and Managing Editor Danielle Bergstrom, and that without proper service a witness has no legal obligation to comply.
“It’s obviously highly significant for any reporter or newspaper or publication to get a subpoena, even by email,” Loy said. “One would hope that government lawyers would be better educated on reporter shield law.
“I’m going to assume best intentions, until proven otherwise: that this is some good-faith mistake and that hopefully — now that I’ve written to the city explaining the law — they have stopped trying to subpoena a reporter.”
The U.S. Press Freedom Tracker catalogues press freedom violations in the United States. Email tips to [email protected].
