District Attorney Subpoena Blog for Identities Of Anonymous Posters

http://www.mccooler.net/

The Pittsburg County District Attorney's Office has subpoenaed the operator of the "McAlester Watercooler" Web site, demanding that he identify 35 people who post comments under fictional names.

The document demands that Harold King provide the site posters' names, addresses and Social Security numbers to police by 9 a.m. Saturday as part of a criminal investigation.

Harold said two McAlester police detectives delivered the subpoena to him Tuesday. The subpoena orders him to provide details by Saturday on 35 bloggers posting under pseudonyms on King's site, http://www.mccooler.net/.

He said he researched posts under those pseudonyms and found one common denominator: All had written critically about Pittsburg County District Attorney Jim Miller

An advocate of open government said he's concerned the subpoena could have "a chilling effect.”

"It just smacks of trying to chill criticism,” said Joey Senat, past president of FOI Oklahoma Inc. and associate professor of journalism at Oklahoma State University. "We have a right to speak anonymously, especially about political matters,” Senat said.

McAlester Police Capt. Don Hass said the investigation concerns "criminal libel" complaints. Many of the posters have been critical of former state Sen. Gene Stipe, D-McAlester, who was sentenced in January 2004 to five years of probation for perjury and campaign funding violations; his brother, the recently deceased Francis Stipe; and local elected officials, including District Attorney Jim Bob Miller.

Hass said that once police turn over the information to Miller, the case likely will be referred to Oklahoma Attorney General Drew Edmondson so that another district attorney can be assigned.

"I think he's the victim on that — the DA," Hass said.

Miller said by telephone Wednesday that he thinks some statements posted on the Web site about him and others are libelous.

Liber usually is a civil matter rather than criminal, but Oklahoma law allows for punishment of criminal libel by a year in jail and a $1,000 fine.

Prosecuting online libel, however, is a relatively new frontier.

Gene Stipe accused King of criminal libel a few years ago, but the case was never prosecuted.

Stipe's business associate Steven Covington filed a libel lawsuit against King last year, but it was dismissed after McIntosh County Associate District Judge James Pratt ruled that irreparable injury to Covington's loan business had not been proven.

King said he will file an objection to the subpoena.

"There are several possible grounds — ranging (from) Bill of Rights issues to procedural ones," he said. "The problem that really concerns me is what they might try next."

King said he has been trying to get the district attorney and "most of the Pittsburg County judges" prosecuted for alleged corruption. Commentary on his Web site concerns local politics and the federal government's investigation and prosecutions of political corruption, kickbacks to legislators, and state funds that were illegally funneled to businesses controlled by Gene Stipe.

"I guess this is what happens when corruption is allowed to fester for decades," King said in an e-mail. "Such a clean-up problem will never be 'nice-n-tidy' — which of course is what everyone prefers."

Some of the comments on the site have been about Miller's teenage son, who was arrested in July on a misdemeanor complaint of possession of prescription medication without a valid prescription.

In a related matter, Miller said that because of another investigation he couldn't comment on whether he will file assault charges against Wayne Stipe, Gene Stipe's nephew.

King filed a police report Saturday after Wayne Stipe allegedly hit him in the mouth outside a grocery store, records show.

Wayne Stipe said: "This man has been trying to pick a fight with me for the last three years. He was finally successful. He picked a fight with me, and I defended myself. I felt like I was about to be attacked by the crazy man."

Asked whether King physically assaulted him, Wayne Stipe said King "verbally assaulted" him.

King said: "I don't know how you pick a fight when you say, 'No, I don't want to talk to you. Go away.' He hit. I didn't."

King sought a protective order against Wayne Stipe on Monday, but Special Judge Bill Layden would not grant the request.

"The funny thing is that me and Francis (Stipe) got along," King said. "It was a game to Francis. Personality-wise, I liked Francis."