
根据该电视台获得并由负责调查此案的警探起草的一份公开文件,新奥尔良一名刑事法院法官此前因当地一家CBS附属电视台播出批评她的报道而向警方报案,但最终承认,她的投诉所依据的法律条款已被废除,而她本人并未意识到这一点。
A New Orleans criminal court judge who filed a police report against a local CBS affiliate after it aired a segment critical of her ultimately conceded that her complaint relied on a section of law which she did not realize had been repealed, according to a public document obtained by the station and prepared by the detective investigating the case.
警探马库斯·杜布克莱特在该文件中写道,金雅·霍姆斯法官于9月试图将WWL路易斯安那电视台——《卫报》的报道合作伙伴——移交新奥尔良警察局(NOPD)时,并未发生任何“违法行为……或刑事犯罪”。该电视台于周二对此进行了报道。
“There is no violation … or criminal offense” that had taken place when Judge Kimya Holmes tried to turn WWL Louisiana – a Guardian reporting partner – over to the New Orleans police department (NOPD) in September, Det Marcus Dubuclet wrote in the document that the outlet reported on on Tuesday.
WWL电视台之所以能够获取这份警方报告,是因为霍姆斯试图对该电视台提起的刑事案件最终被撤销,且未对该频道采取任何行动。这份文件是一份补充警方报告,其中对案件内容的总结比诉讼早期阶段提交的报告更为详尽。报告最后指出:“警探将不再对此投诉展开进一步调查,并认为调查已经完成。”显然,霍姆斯对WWL电视台的调查记者大卫·哈默感到愤怒,此前哈默在8月发表了一篇报道,披露2025年一名当时与她订婚的男子向她捐赠了一套价值76.5万美元的住宅。
WWL was able to obtain that police report because the criminal case that Holmes sought to open against the station had been closed without any action being taken against the channel. The document – a supplemental police report containing a fuller summary of a case than one filed at an earlier stage of the process – concluded: “The detective will conduct no further investigation into this complaint and considers it complete.”Holmes evidently got cross with WWL investigative journalist David Hammer after he published a story in August exploring how a $765,000 home was donated to her in 2025 by a man to whom she was engaged at the time.
当时,这位法官的未婚夫亚瑟·艾伦在捐赠发生前几周已被刑事指控,罪名是欺诈性领取了超过71.2万美元的由纳税人出资的新冠疫情救济金。
The judge’s then fiance, Arthur Allen, had been criminally charged weeks before the donation with fraudulently collecting more than $712,000 in Covid-19 pandemic relief that was taxpayer-funded.
据报道,霍姆斯曾告诉哈默,她是在艾伦犯下被指控的罪行多年后才认识他的,并坚称她是在两人分手后、艾伦于4月认罪前后才得知这些违法行为。
Holmes reportedly told Hammer she didn’t know Allen until years after he had committed the crime for which he was charged – and she maintained that she didn’t learn about the offenses until around the time he pleaded guilty in April, after the couple had broken up.
尽管如此,Hammer还是在8月24日报道了Holmes、Allen以及他捐赠给她的封闭式社区住宅——她继续住在那里,而由他支付房贷。距离她与另一位法官的激烈连任竞选还有不到两个月的时间,而那位法官所在的法院部门因一项新法律被撤销。
Hammer nonetheless reported on Holmes, Allen and the gated community home he donated to her – in which she continued to live while he paid the mortgage – on 24 August. That was less than two months ahead of a tough re-election race against her against a fellow judge whose section of court was eliminated by a new law.
WWL随后报道称,他们收到一封来自新奥尔良刑事法院司法管理人的9月10日信件,要求这家CBS附属电视台删除一份显示Allen捐赠给Holmes的住宅地址的公开记录。
WWL later reported receiving a 10 September letter from the New Orleans criminal courthouse’s judicial administrator demanding that the CBS affiliate remove a public record showing the address of the house Allen donated to Holmes.
司法管理人Robert Kazik的信件还要求WWL删除一张照片,该照片由电视台的一名消息人士拍摄,显示的是Allen租赁的一辆Corvette跑车在8月份停放在法院车库时的车牌号。
Judicial administrator Robert Kazik’s letter furthermore demanded that WWL remove images of the license plate number of a Corvette sports car leased by Allen that had been photographed by a station source while it was parked in the courthouse garage in August.
Kazik的信件还要求WWL说明是谁拍摄了这辆Corvette。该信件援引了路易斯安那州的一项法律,规定像新闻媒体这样的“第三方”在司法管理人提出要求后,有三天的时间删除有关法官的某些个人信息。该法律还将违反此规定定为轻罪,可处以最高90天监禁和1000美元罚款。
Kazik’s letter also requested that WWL identify who photographed the Corvette. The letter cited a Louisiana law that gave “third parties” such as the news media three days to unpublish certain kinds of personal information about a judge once a judicial administrator requested it. It also made violations of that law a misdemeanor crime punishable by up to 90 days’ imprisonment and a $1,000 fine.
9月11日,WWL最初对Kazik的信件作出回应,下架了司法管理人要求删除的包含相关信息的视频。后来,该媒体重新发布了这些视频,但将地址和车牌号进行了模糊处理,并且拒绝透露是谁拍摄了这辆Corvette。
WWL initially reacted to Kazik’s letter on 11 September by taking down videos with the information that the judicial administrator’s letter wanted taken offline. The outlet reposted them later with the address and license plate numbers blurred – and it declined to identify who photographed the Corvette.
同一天,警方记录显示,Holmes向新奥尔良警察局(NOPD)对WWL提起了刑事指控,理由是其“泄露了她的家庭住址和车辆信息”。NOPD的补充报告称,Holmes声称Hammer的报道“使她面临危险,并且[她]希望追究[WWL]以及所有负责发布该新闻报道者的刑事责任”。
That same day, police records show, Holmes filed a criminal complaint against WWL with the NOPD for allegedly “revealing her home address and vehicle information”. The NOPD’s supplemental report said Holmes argued that Hammer’s story “placed her in harm’s way and [she] would like to pursue criminal charges against [WWL] and all those responsible for releasing the news report”.
WWL最终确保了法官对警方的投诉毫无进展,因为州立法机构已经废除了卡齐克信中引用的法律部分,要求新闻媒体删除已发布的信息,如果他们不这样做,则将其视为轻罪。这些废除于8月1日生效,即哈默的故事和霍姆斯的投诉发生前几周。
WWL eventually ensured the judge’s police complaint went nowhere by establishing that the state legislature had repealed the portions of the law cited by Kazik’s letter requiring news outlets to remove published information and considering it a misdemeanor if they didn’t do so. Those repeals took effect on 1 August, weeks before both Hammer’s story and Holmes’s complaint.
警方后来报道称,9月25日,WWL的一名法律代表写信给NOPD,让该机构意识到霍姆斯投诉所依赖的条款已被删除,不再“具有效力或效力”。因此,根据补充报告,WWL预计调查将结束。
On 25 September, police later reported, a WWL legal representative wrote to the NOPD to make the agency aware that the provisions on which Holmes’s complaint depended had been eliminated and no longer “carried force or effect”. WWL, therefore, expected the investigation to be closed, according to the supplemental report.
调查人员的补充报告称,这促使处理霍姆斯投诉的NOPD侦探Dubuclet联系了她并讨论“新信息”,该报告编辑了法官的名字,但明确表示指的是她。
That prompted Dubuclet, the NOPD detective handling Holmes’s complaint, to contact her and discuss “the new information”, said the investigator’s supplemental report, which redacted the judge’s name but made clear it was referring to her.
霍姆斯“表示,她不知道对相关具体法律进行了任何修改”,如果这是真的,那么她没有任何理由提出刑事投诉”。
Holmes “stated that she was unaware of any revisions” to the specific law in question “and, if it’s true, then she does not have any grounds for a criminal complaint”.
侦探补充报告的结尾呼应了这一观点,称调查已经完成,没有进一步的行动。但该报告确实声称,负责新奥尔良刑事法院安全的治安官办公室将接管任何可能与该机构停车场中“她的车辆”照片有关的额外调查。
The end of the detective’s supplemental report echoed that sentiment, saying the investigation was complete with no further action pending. But the report did assert that the sheriff’s office in charge of security at the New Orleans criminal courthouse would take over any additional investigation that might be necessary in connection with what it described as the photograph “of her vehicle” in the facility’s parking garage.
路易斯安那州媒体律师斯科特·斯滕伯格此前曾批评法官在哈默报道艾伦和捐赠房屋后的行为。
Louisiana media attorney Scott Sternberg had previously criticized the judge’s actions after Hammer’s reporting on Allen and the donated home.
斯滕伯格说,“我无法想象一名公职人员对报道提出刑事诉讼”,据WWL称,这些报道的准确性从未受到霍姆斯的质疑。
“I can’t imagine a public official filing a criminal complaint in response to reporting” whose accuracy, according to WWL, was never challenged by Holmes, Sternberg said.
斯特恩伯格并未在WWL应对霍姆斯警方报告的过程中为其提供代理。他游说推动相关法规的废除,这些法规于八月初生效。他表示,这些法规取消了他认为“严重违宪”的部分法律条款,因为新闻自由是美国的一项基本权利。
Sternberg did not represent WWL as it grappled with Holmes’s police report. He lobbied for the repeals that took effect at the start of August, saying they eliminated portions of law that he believed were “wildly unconstitutional” because press freedom is a fundamental right in the US.
霍姆斯针对WWL提出的无根据警方投诉,是数月内该电台与新奥尔良刑事法院发生冲突的两起备受关注的案件之一。
Holmes’s unfounded police complaint against WWL was one of two high-profile matters pitting the station against New Orleans’ criminal courthouse in a matter of months.
七月初,哈默在WWL的同事丹尼·蒙特韦尔德——一名调查制作人——以及该频道的律师埃拉娜·拜泽尔,在法院副警长处被戴上手铐。当时,该媒体正在报道针对州总检察长提起的起诉案,但该起诉最终被驳回。
Hammer’s WWL colleague Danny Monteverde – an investigative producer – and an attorney for the channel, Elana Beiser, in early July were handcuffed by courthouse deputies while the outlet covered an indictment filed against the state’s attorney general, which was ultimately dismissed.