Incident Details
- Date of Incident
- August 30, 2024
- Location
- Stockton, California
California sheriff investigating reporters as “co-conspirators” in leak case
Two reporters at a daily newspaper in Stockton, California, are being investigated as possible “co-conspirators” in the release of a sealed search warrant, San Joaquin County Sheriff Patrick Withrow said during an impromptu news conference on Dec. 4, 2024.
Stockton Record reporters Aaron Leathley and Hannah Workman reported in November 2023 that sheriff’s deputies had searched the home of the local school board president and the board’s headquarters as part of an investigation into alleged misuse of district funds, witness intimidation and other misconduct. The outlet reported that Leathley had obtained a copy of the search warrant from a San Joaquin County Superior Court clerk.
The day after the article was published, a public information officer for the court emailed Leathley to tell her that the warrant had been mistakenly released and ask that she avoid sharing or further publishing about it. Two deputies visited Leathley at her home in August 2024 to question her about the release of the search warrant and a “cease and desist” they claimed she was sent.
Nearly three months later, on Nov. 13, former court clerk Pamela Edwards was charged with allegedly disobeying a court order by knowingly releasing a sealed search warrant to a reporter.
Following Edwards’ arraignment Dec. 4, the Record reported that Sheriff Withrow held an impromptu news conference outside the courthouse, during which he accused Leathley and Workman of obtaining the search warrant illegally and said they are under investigation.
“We’re investigating anyone who may have conspired to break the law in this case, so wherever that leads us, whether it’s journalists or private citizens, whoever,” Withrow said. “We will take action on them if we come up with evidence that shows that.”
Several press freedom groups, including the First Amendment Coalition, the Northern California chapter of the Society of Professional Journalists and a local journalists union, sent a letter to Withrow the following week expressing their concerns over his statements.
“Any statement or implication by an elected official or law enforcement officer that routine journalism could be a crime exerts a powerful chilling effect on speech protected by the First Amendment,” the letter said. “We urge you to clarify your remarks and confirm that the press is not a target or subject of any investigation in this matter.”
The Sheriff’s Office did not respond to a request for comment.
Aaron Leathley, a reporter for the central California daily newspaper The Stockton Record, was visited at her Stockton home on Aug. 30, 2024, by San Joaquin County Sheriff’s Office deputies, who questioned her about a court document she had reported on months earlier.
In November 2023, sheriff’s deputies searched the home of Stockton Unified School District board president AngelAnn Flores and the school board’s headquarters. Later that month, Leathley reported on various details from the search warrant, a copy of which the paper had obtained from the San Joaquin County Superior Court — including that deputies had searched Flores’ home and vehicles, questioned Flores and seized her phones, iPad and laptop to investigate her alleged misuse of a school district credit card, witness intimidation and other misconduct.
A day after the article published, the Record reported, a public information officer for the court emailed Leathley to tell her that the warrant had been released accidentally and ask her “to prevent any further dissemination of this document by copying, sharing, or using it for further publication.” The sheriff’s office also said at the time that the warrant should not have been released, according to the Record.
Flores was charged in May 2024 with making fraudulent insurance claims, embezzlement and theft of school district funds and pleaded not guilty. The criminal case against her is ongoing.
On Aug. 30, two sheriff’s deputies who identified themselves as members of the Agriculture, Gangs, and Narcotics Enforcement team under the sheriff’s Special Services Division arrived at Leathley’s door. One claimed that Leathley had been emailed a “cease and desist” about the warrant, Leathley confirmed in a phone call with the U.S. Press Freedom Tracker. AGNET members also conducted the search of Flores’ home, Leathley said.
Leathley told the Tracker that one of the deputies asked her about the “cease and desist,” repeating “What happened with that?” several times.
The Record reported that it has no records of a cease and desist letter and Sheriff’s Sgt. Daniel Levin told the paper he wasn’t aware of one. A spokesperson for the sheriff’s office would not confirm to the paper whether it had sent a cease and desist letter to Leathley.
Freedom of the Press Foundation Director of Advocacy Seth Stern condemned the deputies’ “shenanigans,” saying, “Officials should never intimidate a journalist for possessing lawfully obtained records, whether through court cases or house calls.” The U.S. Press Freedom Tracker is a project of FPF.
When asked for an explanation of the deputies’ actions, a spokesperson for the sheriff’s department told the Tracker, “Because this is an ongoing investigation, I can’t answer those questions.” Leathley told the Tracker she didn’t know whether this “ongoing investigation” was connected to Flores.
“I think, structurally, something like this always could have a chilling effect on reporting,” Leathley said of the deputies’ house call. But, she added, “I would not change how I report on the situation based on intimidation.”
Editor’s Note: This incident has been updated to include comments from Leathley and to correct the spelling for the name of Sheriff’s Sgt. Daniel Levin.
The U.S. Press Freedom Tracker catalogues press freedom violations in the United States. Email tips to [email protected].
