San Diego

A compromise was reached Thursday that allowed two KGTV (Channel 10) journalists cited for contempt of court to escape a jail sentence by testifying in chambers with only a judge present.

The compromise was announced by Superior Court Judge Franklin Orfield, who said a jail sentence for J.W. August and Steve Fiorina would serve “no useful purpose.”

They were cited for contempt Feb. 10 after refusing to testify about a story aired on David Lucas, 31, a Spring Valley carpet cleaner charged with six murders.

Orfield had said Wednesday that he would sentence the two to jail and keep them there until they answered the questions posed by Lucas’ attorneys.

Both August and Fiorina spent 15 minutes each Thursday with the judge without attorneys present. Alex Landon, one of Lucas’ attorneys, objected to the meetings.

“I will order the testimony taken in (chambers) sealed and made available to (the appeal court),” Orfield said.

“If the evidence assisted the defense, I would divulge the information,” the judge said when Steven Feldman, another Lucas attorney, asked him what was discussed in chambers.

“I’m truly relieved,” said August, who had come to court with a toothbrush.

“I think the defense attorneys were playing games and we were the pawns,” said Fiorina. “It was a situation where we had nothing to offer and they kept pushing the point. We really knew nothing.”

Both August, an assignment editor, and Fiorina, a reporter, cited the California shield law protecting journalists from being forced to reveal their sources in court. But Orfield said their interpretation of the law was wrong.

Ron Mires, general manager of KGTV, said: “I think this is an honorable way to end the case. I don’t think the shield law was compromised.” Mires said he was “furious” at the defense attorneys for what happened.