SAN DIEGO - A federal judge said Monday he will not issue subpoenas to journalists who learned secret grand jury information in the case against the Poway defense contractor who was later convicted of bribing former Congressman Randy "Duke" Cunningham.

In a nine-page ruling, U.S. District Judge Larry Alan Burns found it would be "difficult, if not impossible" for Brent Wilkes to prove that pre-indictment leaks to the press robbed him of a fair trial.

Wilkes' attorney, Mark Geragos declined to comment late Wednesday evening, saying he had just received Burns ruling.

Geragos had sought to subpoena reporters and federal prosecutors to investigate the source of the leaks.

But federal prosecutors argued investigating the leaks was a moot point, because Wilkes' trial and the outcome were not affected by the leaks.

The pre-indictment stories came in late January and early February. Wilkes trial began in October.

Only four of the 15 people selected as jurors or alternate jurors said they had heard of Wilkes or the case, and none of them had read the stories that quoted anonymous sources in predicting Wilkes would be charged.

The jury convicted Wilkes of bribery, conspiracy and wire fraud. Prosecutors said he plied the congressman with cash and gifts so Cunningham would steer defense contracts worth millions his way.

And in asking Burns last month to issue the subpoenas, Geragos argued the leaks were outrageous enough to justify setting aside the jury's guilty verdicts.

Although Burns said he shared in concerns about the source of leaks, the leaks themselves do not justify dismissing the indictment delivered by the grand jury.

Wilkes faces 20 years in federal prison when he is sentenced Jan. 28.

- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.

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