San Francisco Chronicle reporters Fainaru-Wada and Williams sentenced to jail for refusing to identify BALCO grand jury leaker
On September 21, 2006, U.S. District Judge Jeffrey S. White sentenced San Francisco Chronicle reporters Mark Fainaru-Wada and Lance Williams to up to 18 months in jail for civil contempt after they refused to identify the source who leaked sealed federal grand jury transcripts from the BALCO steroids investigation. The sentence was stayed pending appeal. The contempt was vacated March 2, 2007 after defense attorney Troy Ellerman pleaded guilty to leaking the transcripts.
Dates: Reporting based on sealed transcripts published 2004; book Game of Shadows published 2006; subpoenas issued May 5, 2006; contempt and sentencing September 21, 2006 (stayed pending appeal); Ellerman pleaded guilty February 2007; contempt vacated March 2, 2007. Individuals and organizations: Mark Fainaru-Wada and Lance Williams (SF Chronicle); U.S. District Judge Jeffrey S. White; USAO N.D. California; defense attorney Troy Ellerman (source; pleaded guilty to obstruction and leaking). What happened: The Chronicle published stories drawing on sealed grand jury testimony in United States v. BALCO (the Bay Area Laboratory Co-Operative steroids investigation), including testimony by Barry Bonds, Marion Jones, and others. DOJ issued grand jury subpoenas to identify the leakers; the reporters refused. Judge White held them in civil contempt with up to 18-month sentences, stayed pending Ninth Circuit appeal. Before the appeal was decided, defense attorney Troy Ellerman pleaded guilty to leaking the transcripts; the subpoenas' purpose was mooted. Judge White vacated contempt March 2, 2007. Legal authority used: Federal grand jury subpoenas; civil contempt power. Underlying secrecy enforced under Federal Rule of Criminal Procedure 6(e). Outcome: Neither reporter served jail time. Contempt vacated. Ellerman sentenced to 2.5 years for obstruction and leaking. Why it matters: Confidential sources were at issue; contempt was enforced to the point of stayed jail sentences before being vacated. The case raised questions about whether reporter's privilege extends to leaks of sealed court materials versus government secrets.