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Newspaper reporter ordered to hand over unpublished notes from jailhouse interview

Robert Pernell Roberts
Posted at 4:18 PM, May 12, 2023
and last updated 2023-05-15 14:39:45-04

BAKERSFIELD, Calif. (KERO) — A Bakersfield Californian reporter has been ordered by a Kern County Superior Court judge to hand over unpublished notes from a jailhouse interview with the co-defendant of an accused killer.

The interview was between reporter Ishani Desai and Sebastian Parra, who is charged alongside Robert Roberts for the murder of corrections counselor Benny Alcala Jr.

The motion, filed by Deputy Public Defender Lexi Blythe who is representing Roberts, alleges that Parra falsely accused her client and the unpublished notes from Desai’s interview “will materially assist” in his defense.

Parra was a key witness during Robert’s preliminary hearing and arrested afterwards. The motion alleges there were “inconsistencies” between Parra’s statements to Desai and what he said during the preliminary hearing.

On Wednesday a judge ordered Desai to hand over her notes to the defense by 5 p.m. on May 17. Legal counsel for The Bakersfield Californian wrote in an email that they plan to file an emergency writ to the Court of Appeals.

“The Court’s ruling raises the prospect that every criminal defendant who talks with the media may have a greater opportunity to compel journalists to produce their unpublished interview notes if the defendant faces a long criminal sentence,” Burke wrote in an email.

Burke cites First Amendment protections and California’s Shield Law, which protects journalists from being compelled to reveal their sources or provide unpublished material.

“The Court’s ruling will make reporting on criminal matters even more challenging than it already is,” Burke wrote. “Roberts’ counsel failed to explain how having the reporter’s unpublished notes in this case would provide any different information than what was already published in the newspaper or materially assist his murder defense.”

The article written based on the interview with Parra was published in February.

Alcala was killed at the Shops at River Walk in August 24, 2022. Roberts was arrested a few months later on September 2. Parra was arrested on December 27.

Parra had testified that Roberts killed Alcala in the hope that Alcala had money, as he was charging an electric vehicle.

This article has been updated to include the reporter's name following permission.