Judge Lifts Ban on Times Inquiry Into San Diego Sheriff

SAN DIEGO —  A Superior Court judge Wednesday lifted the order he issued last week directing the Los Angeles Times not to publish information about security measures at the home of San Diego County Sheriff John Duffy.

Judge Jeffrey T. Miller said that Duffy had not met the “very heavy burden” of showing that speculative threats to the safety of the sheriff outweighed a “prior restraint” on freedom of the press.

Lawyers for The Times and other legal experts hailed the ruling as the proper decision and said Miller should never have issued the order in the first place.

When Duffy went to court to try to prevent publication, a Times reporter had begun asking questions about possible county equipment used as part of the security system at Duffy’s San Diego city residence. The Times continued its inquiries to determine if there was sufficient information to justify publishing a story. Those inquiries continue.

On Wednesday, Duffy said he was “appalled” at the judge’s decision and contended that the ruling “without question” further threatened his safety and that of his wife, Linda.

At a press conference after the ruling, Duffy, visibly enraged, and his wife lashed out at the judge, The Times and the media.

Miller, they said, lacked courage and “took the safe way out.”

The Times was “utterly stupid” to inquire what county-owned security items were kept at his house because there were not that many items there, Duffy said. He illustrated his point by dumping a shotgun, a .357 magnum, a bulletproof vest and batteries on a table and saying that was it.

Reporters were lucky the guns were unloaded, Duffy said, because he did not want to be “tempted here” to use them.

Duffy also had a warning for would-be housebreakers. “I want any son of a bitch to think twice,” Duffy said. “This lady sleeps with a gun under her pillow. And she knows how to use it.”

At the end of the hourlong meeting, he lectured the 18 reporters and camera operatorsin attendance, “You should report on my official conduct as the sheriff. But what happens inside my house is none of your goddamned business. And that’s the bottom line.”

Duffy said he was not sure whether he would appeal the judge’s decision.