Published: August 16, 2008 03:02 pm      

Police say they have ‘enough’ in DA’s libel case

City police investigators may be backing off a subpoena requesting the names, identities and Social Security numbers of 35 listed bloggers who have posted onto a McAlester Internet site.

McAlester police handed the subpoena to Harold King, operator of the Internet forum known as the McAlester Watercooler — and gave him a Saturday deadline to deliver the information.

City police launched the investigation after District 18 District Attorney Jim Bob Miller filed an offense report claiming he had been the victim of criminal libel on King’s McAlester Watercooler Web site.

King then filed an objection to the subpoena in district court on Thursday, saying “Information requested is refused.”

King told the News-Capital on Friday that he did give police a limited amount of information.

Now, the head of the McAlester Police Department is saying that might be enough.

“According to my officer, there’s nothing left,” McAlester Police Chief Jim Lyles said on Friday.

He said Det. Martin Stites is leading the city’s investigation.

“He gathered some information from Mr. King and there may not be a need for any more information,” Lyles said.

Police were not pressing the issue in court as the Pittsburg County Courthouse closed for the weekend on Friday. No hearing had been requested to contest King’s objection.

Asked about the matter, King said he gave police the identities of only two bloggers — himself and another blogger who had previously given him permission to do so.

“I gave them my blogger IDs: ‘Hal’ and ‘rymer’ and ‘Rat,”’ King said.

He said he also gave police the identity of the person who blogs as “Mr. Busby” — that’s it.

King said he refused to divulge any information about any other bloggers.

Some of the bloggers had been critical of District Attorney Miller — and the quest to learn their identities has caused shock waves nationally.

“This certainly chills free speech,” said David Hudson, a First Amendment scholar with the First Amendment Center in Nashville, Tenn.

“Critical speech about public officials represents the core type of speech that the First Amendment was designed to protect.”

Some of the bloggers have already contacted lawyers. “This just shows you how chilling these actions are,” Hudson said.

“It would certainly dissuade one from blogging.”

The subpoenas had given King until 9 a.m. on Saturday —identified as Aug. 16 on the subpoena — to deliver the information to the McAlester Police Department’s Detective division.

The News-Capital approached District Attorney Miller, standing in the alley outside his office near noon on Friday, and told the DA the newspaper would like to talk to him about several matters.

Miller said he was waiting for someone to pick him up at the time, but said to call his office that afternoon and see if he was in.

About that time, a pickup truck pulled up. Miller climbed into the passenger seat and was whisked away.

The News-Capital called Miller’s office around 2 p.m. that afternoon, but was told he’d already left for the day. A message was left on another phone — but that call apparently was not returned by 6:30 p.m. on Friday.

Meanwhile, Chief Lyles had been surprised that police were demanding the Social Security numbers of the 35 blogger names listed on the subpoenas.

However, Lyles noted that police often end up with Social Security numbers.

But isn’t that usually after someone is charged or arrested? Not for posting on a blog?

“That is a question,” Lyles said.

“I will talk to our investigators and our legal advisers and see what we need to do,” he said.

Later in the day, Lyles said police may not need any more information.

That doesn’t mean the issue is closed for King. He’s still listed as the suspect in the criminal libel investigation which names him as the suspect.

Lyles stopped short of categorically saying police will not pursue the identities of any of the other bloggers.

“We’re still under investigation with it,” he said.

“I don’t know.”

Contact James Beaty at jbeaty@mcalesternews.com.