Stacey Barchenger

USA TODAY NETWORK – Tennessee

A judge on Friday ordered one of Nashville's television reporters to turn over documents from his investigation of District Attorney General Glenn Funk.

After a nearly two-hour hearing, Senior Judge William Acree ruled that WTVF NewsChannel 5 chief investigative reporter Phil Williams must turn over his investigative documents as part of Funk's pending libel claim against him. Williams also will testify under oath, according to a prior order from Acree. Williams attended Friday's hearing, but Funk did not.

In February, Williams published a story based on depositions and quoting text messages from developer David Chase, in which Chase says Funk blackmailed him to drop a civil case in exchange for dismissing domestic violence charges. Funk filed a libel lawsuit the next day.

Lawyers for the district attorney want the information as they try to prove that Williams acted with actual malice — a reckless disregard for the truth — in publishing stories about Funk. That element is necessary for public officials to win a libel case, a standard established by a 52-year-old U.S. Supreme Court case.

As such, Funk's lawyers want to know what Williams knew but did not include in his broadcasts.

Williams via his lawyer, Ron Harris, argued against releasing the information, citing news gathering privileges for journalists. Acree said those did not apply, citing an exception in Tennessee's shield law in defamation cases.

Harris, who also represents NewsChannel 5's parent, Scripps Media, in the case, said the ruling could prompt more public officials to go to court over negative publicity, potentially thwarting journalists' oversight of public officials.

"It's very much a principle of protecting a journalist's ability to investigate, and use a privilege — a news gathering privilege — that's in the statute," he said. "It's a strong privilege and it's there for a reason.

"If that privilege doesn't exist, then somebody can file a lawsuit against a reporter to find out who their sources are, find out who's been talking to the press about a story they don't believe puts them in a favorable position. And not believe they will prevail on the merits, but just know they can ... find out who's talking about them."

Williams' reporting also included depositions of Chase's family members alleging they were asked by a man who was working for $2 million, possibly to bribe someone. Williams quoted Chase's mother saying in her deposition she did not get the feeling that person was Funk.

"There's no falsehoods, or misstatements or lies in this story," Harris said. "This story fairly and accurately reported what's going on."

The reporting revealed Funk's controversial but legal deal with Chase, called a release-dismissal agreement, to end the pending civil and criminal cases simultaneously.

Funk's lawyers say the story suggested Funk was involved in the bribe.

"This is not an assault on the news media or any other news organization or reporter in Nashville," Jim Kay, one of Funk's lawyers, said of the prosecutor's lawsuit.

"We want some accountability. No other news organization came even close to what Channel 5 reported."

Acree previously had ordered Williams to answer questions and turn over his documents. But that did not go into effect while attorneys sought testimony from Brian Manookian, a lawyer in another case involving Chase. Manookian has twice admitted he released the documents that were the subject of Williams' reporting.

Williams on Friday again objected to revealing his sources, preserving a relationship that journalists have gone to jail to protect. Another of Funk's lawyers, John Enkema, said that because Manookian could not say specifically which documents he gave to Williams, the reporter should reveal his investigative file to Funk's legal team. Acree agreed.

"We want every document from Mr. Manookian and every note Mr. Williams took to come up with his story," Kay said.

It's unknown whether Williams and Scripps Media will appeal the ruling.

The case is set for trial in October, but that date may change as lawyers move forward collecting evidence. Acree said he will privately review any of the documents Williams hands over that have to do with third parties to determine whether they are relevant.

Reach Stacey Barchenger at 615-726-8968 and on Twitter @sbarchenger.