Flores attorneys demand Kristin Smart podcaster’s records. Now he’s pushing back
The creator of the podcast “Your Own Backyard” is objecting to a subpoena filed by the defense in the Kristin Smart murder case for his notes, communications and other records related to his investigation of the Cal Poly freshman’s disappearance.
Lawyers for Chris Lambert served objections Friday to a demand from the attorneys for Paul and Ruben Flores to provide the records, citing Lambert’s constitutional privileges as a member of the media, according to a news release from John Segale, the Smart family’s spokesman.
Lambert was served with the subpoena by the defense team’s investigator during a court recess in the ongoing preliminary hearing for Paul and Ruben Flores Aug. 10.
In addition to his possible testimony — the subpoena calls for him to be available to testify Aug. 30 — the subpoena also demands access to Lambert’s notes, raw interview recordings, emails and text messages, the news release says.
Releasing those records would reveal the identities of dozens of anonymous sources, many of whom have accused Paul Flores of sexual misconduct, the news release says.
“It appears to be an effort to silence Chris Lambert’s First Amendment rights,” the news release says.
On Friday, Superior Court Judge Craig van Rooyen unsealed Lambert’s objection, which was filed in court Monday.
After the service of the subpoena to Lambert on Aug. 10, the defense investigator, Ramona Messina, cautioned Lambert that he would not be allowed back into the courtroom, as he was then a potential witness.
Witnesses are typically excluded from proceedings so that their testimony is not swayed by the testimony of other witnesses.
Van Rooyen, however, ruled that Lambert could remain in the courtroom.
”Just because (Lambert’s) been served does not necessarily mean he should be excluded,” van Rooyen said. “I’m not going to exclude a member of the media (for doing their job).”
Lambert deactivated his “Your Own Backyard” Facebook and Instagram pages the next day out of “an abundance of caution” due to the subpoena, he told The Tribune.
In the objection filed Monday, Lambert’s attorney writes that Lambert objects to being compelled to disclose unpublished information including sources, files and documents.
Citing qualified reporters’ privilege under the First Amendment, Lambert “objects to providing Paul Flores’ legal team with confidential and non-confidential information that is protected by the right of privacy under the U.S. Constitution, California law, other state laws and any other privacy right,” the news release reads.
Lambert is not objecting to being called to testify as a witness, Segale said Friday.
According to the objection, Paul and Ruben Flores’ defense attorneys seek all records, notes, communications and digital files related to Kristin Smart or his podcast, as well as audio of all outtakes or unused material.
It is not clear when the court will take up Lambert’s objection. Proceedings are scheduled to resume Monday.
Lambert has produced 10 episodes of “Your Own Backyard,” which shot to No. 1 on Apple’s list of the top U.S. podcasts in April.
