A 37-year-old Ukiah High School journalism teacher arrested in November for allegedly sending inappropriate messages to a 17-year-old girl made an appearance in court Monday but has not yet been charged in the case.
Matt LaFever, a Hopland resident who was also the publisher of the now-shuttered MendoFever news website, was arrested Nov. 3 on suspicion of knowingly annoying or molesting a minor and was placed on leave from the high school after the Ukiah Unified School District first learned of the allegations in October.
Mendocino County Superior Court Judge Keith Faulder held the hearing Monday regarding the appointment of a special master to review information on LaFever’s seized electronic devices.
Both Deputy District Attorney Robert Waner and LaFever’s defense attorney, Orchid Vaghti of Santa Rosa, discussed the handling of what the judge said may be “privileged information” on LaFever’s devices.
A special master is a neutral expert appointed to handle cases that require technical or confidential review of evidence. In cases involving electronic devices, a special master might separate evidence protected by attorney-client privilege or other private information.
Since LaFever is a journalist, a special master could help protect unpublished stories and confidential sources, which are safeguarded under California’s shield law. This law allows reporters to refuse to disclose confidential sources or information in court.
Vaghti, who originally filed the request to appoint a special master, told the judge she would send a proposal by Tuesday for Faulder’s approval regarding the investigation of the devices.
A court document obtained by The Mendocino Voice states that both sides agreed on attorney Traci Carrillo of Santa Rosa being appointed as the special master.
Additionally, the court document notes that Vaghti’s “client will not be providing usernames and passwords as there is no consent” to the search of LaFever’s devices.
Since there have been no charges filed yet, Faulder said no future court dates are currently on the calendar in the case.
After LaFever’s arrest in November, the First Amendment Coalition, an organization that assists in protecting and promoting free speech and press rights, contacted local authorities about the investigation of LaFever’s devices.
FAC sent a letter on Nov. 7 to the Ukiah Police Department and the Mendocino County District Attorney’s Office to emphasize the strong protections the state has for journalists involved in court proceedings and investigations.
David Loy, FAC’s legal director, said in an interview that the letter was sent to ensure that local authorities were following state law.
“The point is to protect private data that is unrelated to the allegations and to protect the work product,” Loy said. “Any time there is a search or a subpoena of a reporter it brings up issues on the freedom of the press. The California shield law guarantees that confidential sources of reporters and any unpublished information of a reporter is off limits to law enforcement.”
Mendocino County District Attorney David Eyster said in an interview that it’s typical for the filing of charges to take time in cases where a special master has been appointed. He said authorities and the deputy district attorney will want to review the special master’s report before deciding how to move forward.
“That’s almost to be expected. The cops think there will be information that’s helpful on the electronics,” Eyster said. “Both sides are trying to see what’s going to flow from all this. Mr. Waner is probably trying to see what comes from all this. Under these circumstances that’s normal.”
Vaghti, LaFever’s attorney, declined to speak with The Mendocino Voice about the case.
Editor’s Note: Katherine Ann Rowlands, publisher of The Mendocino Voice, a site affiliated with the nonprofit Bay City News Foundation, serves as president of the First Amendment Coalition’s board of directors.
This story originally appeared in The Mendocino Voice.