Circuit Judge Robbin Stuckert approved a motion to quash a subpoena issued to The Associated Press and Chicago Tribune at a hearing Tuesday.

The subpoena was issued by the DeKalb State’s Attorney’s Office for reporters’ notes taken during interviews with Jack Daniel McCullough, 71, while he was in custody at King County Jail in Seattle.

Stuckert said the prosecution claimed the subpoena was not a “fishing expedition,” but was seeking specific information from the notes pertaining to McCullough’s whereabouts at the time of the disappearance of 7-year-old Maria Ridulph in December 1957.

Stuckert said the state is looking for information contained in the notes that may not have been contained in articles written. However, the state provided no basis for its belief that some information was not included in those articles, Stuckert said.

“[The state] has not demonstrated that discovering information in the notes taken is essential to the public interest,” Stuckert said.

Stuckert’s approval of the motions means the prosecution will not be able to subpoena reporters’ notes for use during the trial.

Clay Campbell, DeKalb County State’s Attorney, said while the court allowed the prosecution ample time to make their argument, he was disappointed in the ruling.

“There has been a historical tension between the right to seek information and the freedom of the press,” Campbell said. Campbell said the prosecution plans to take some time to consider the ruling before potentially filing an appeal.

“I could tell Judge Stuckert took this very seriously,” Campbell said. “Before making any decisions on the ruling, we will sit down and consider it.”

Regina Harris, DeKalb County Public Defender and McCullough’s attorney, said she expected the ruling based on the arguments made.

Samuel Fifer, the attorney representing The Associated Press and Chicago Tribune, said he felt gratified in the decision made by the court and does not expect the state to appeal the decision. “I never want to sound surprised when judges do the right thing,” Fifer said. “It was a good call. [Stuckert] made the right choice.”

McCullough’s next scheduled court date is Nov. 29.