In re Farr

During the Charles Manson murder trial, the trial court issued an order prohibiting the release of information about any testimony or evidence that the court had not yet ruled was admissible. Nonetheless, a prospective witness’s statement was published in a newspaper article written by William T. Farr (defendant). After trial, the court held a hearing to determine the source of the witness’s statement to supplement the murder-trial record. Farr testified that his sources were two attorneys of record in the murder trial but refused to identify which attorneys, citing the reporter’s shield statute. The trial court issued a contempt order against Farr, ordering Farr incarcerated until he revealed the attorneys’ identities. The trial court stayed execution pending appeal. Farr appealed, and the appellate court affirmed the trial court’s order of contempt. The trial court held a second hearing. Farr continued to refuse to reveal his sources, so the court ordered execution of its earlier judgment, and Farr was incarcerated in the county jail. Farr filed a petition in federal district court, which did not overturn the contempt order. Farr appealed to the United States Court of Appeals for the Ninth Circuit. The United States Supreme Court ordered Farr’s release from jail pending his appeal. Farr was incarcerated for a total of about 45 days. Farr filed a petition for habeas corpus, arguing among other things that his incarceration was a cruel and unusual punishment.