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HHS secretary says police ‘did what they felt was appropriate’ in arresting a West Virginia journalist

Reporter Dan Heyman tried to ask Health and Human Services Secretary Tom Price a question about the Republican health-care bill on May 9. He was arrested. (Video: Valerie Woody/West Virginia Citizen Action Group)

Health and Human Services Secretary Tom Price defended police who arrested a reporter at West Virginia’s state capitol, saying they “did what they felt was appropriate.”

When asked if he felt the reporter, Public News Service journalist Dan Heyman, had been too aggressive and whether it was appropriate to arrest him, Price said it was “not my decision to make,” according to the Associated Press. He gave the statements during a meeting on the opioid crisis in Concord, N.H., on Wednesday.

“That gentleman was not in a press conference,” Price said, according to STAT.

A day earlier, Price and Kellyanne Conway, special counsel to the president, had been walking through a hallway in the West Virginia state capitol when veteran reporter Heyman began following alongside him, holding up his phone to Price while attempting to ask him a question.

Heyman repeatedly asked the secretary whether domestic violence would be considered a preexisting condition under the Republican bill to overhaul the nation’s health care system, he said.

“Do you think that’s right or not, secretary?” Heyman asked, according to a recording an audio recording Heyman provided to The Washington Post. “You refuse to answer? Tell me no comment.”

A male voice is heard telling Heyman, “Do not get close to her. Back up.”

Moments later, an officer in the capitol pulled Heyman aside, handcuffed him and arrested him. Heyman was jailed on the charge of willful disruption of state government processes and was released later on $5,000 bail.

Authorities said while Secret Service agents were providing security in the capitol for Price and Conway, Heyman was “aggressively breaching” the agents to the point where they were “forced to remove him a couple of times from the area,” according to a criminal complaint.

Heyman “was causing a disturbance by yelling questions at Ms. Conway and Secretary Price,” the complaint stated.

But Heyman said he was simply fulfilling his role as a journalist and feels that his arrest sets a “terrible example” for members of the press seeking answers to questions.

“This is my job, this is what I’m supposed to do,” Heyman said in a news conference Tuesday after being released from jail. “I think it’s a question that deserves to be answered. I think it’s my job to ask questions and I think it’s my job to try to get answers.”

Price and Conway were visiting Charleston, W.Va. Tuesday, to hear about efforts to fight opioid addiction in a state that has the nation’s highest drug overdose death rate. They met privately with state and local policymakers and members of several groups, including officials of an addiction treatment center and an addiction hotline, according to the Associated Press.

Before Heyman’s arrest, no police officer told him he was in the wrong place, Heyman said. He was wearing a press pass as well as a shirt with a Public News Service logo on the front, and identified himself to police as a reporter, he said.

Heyman is heard on the recording saying, “you want to beat me up and end up on the news tonight?” A male officer tells him, “calm down, relax.”

“You know those people are there for a reason,” the officer says on the recording.

“Yeah, well what do you think I’m there for?” Heyman responds. “So the Capitol of the state of West Virginia is no longer a public space?” he says later.

At the news conference, Heyman’s lawyer called the arrest a “highly unusual case” and said he has never had a client arrested for “talking too loud.” The lawyer, Tim DiPiero, described Heyman as a mild-mannered, reputable journalist and called the arrest “bizarre” and “way over the top.”

Heyman has worked as a reporter for about 30 years, and his stories have appeared in the New York Times, NPR and other national news outlets, he said. Since 2009, he has worked as a West Virginia-based producer and reporter for Public News Service, which provides content to media outlets while also publishing its own stories.

Lark Corbeil, chief executive and founder of Public News Service, said Heyman’s arrest took the organization “very much by surprise.”

“From what we can understand, he did nothing out of the ordinary,” Corbeil said in an interview with The Washington Post. “He was doing what any journalist would normally do, calling out a question and trying to get an answer.”

The American Civil Liberties Union of West Virginia said in a statement that Heyman’s arrest constituted “a blatant attempt to chill an independent, free press.” It called the charges against Heyman “outrageous” and demanded they be dropped immediately.

“This is a dangerous time in our country,” the statement read. “Freedom of the press is being eroded every day.”

“Today was a dark day for democracy,” the ACLU of West Virginia added. “But the rule of law will prevail. The First Amendment will prevail.”

Heyman said he has been reporting on health care issues for many years, calling it “well-trodden ground” in his coverage. As a veteran journalist, he is used to criticism, he said, but he has never heard of a reporter being arrested for asking a question. Heyman said he thinks the public relies on journalists aggressively “pursuing the truth.”

“If they don’t like the stories I write, that’s fine,” Heyman said. “They can criticize me all they want.”

“But just saying that I shouldn’t be able to do my job is a bit ridiculous,” he added.

#DanHeyman addresses the press.

Posted by American Civil Liberties Union of West Virginia on Tuesday, May 9, 2017

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