Newspaper ordered to hand over gang-fight photos

[Judi Lynn]

Source: Mercury News/Associated Press

Newspaper ordered to hand over gang-fight photos
The Associated Press
Article Launched: 07/31/2007 01:13:23 PM PDT


SANTA BARBARA, Calif.—A newspaper was ordered by a judge to turn over 144 unpublished crime-scene photographs to the lawyer for a teenager charged with murder in a gang fight.
The Santa Barbara Daily Sound was given until Friday to provide the images to the county public defender's office, which is representing defendant Ricardo Juarez.

The newspaper could be held in contempt of court if it misses the deadline, Superior Court Judge Brian Hill said Monday.

Michael Cooney, an attorney representing the paper, said the publication had not decided whether to turn over the photographs or face a contempt hearing next Monday.

Cooney said the ruling could have a chilling effect on the media if journalists thought their material might wind up in court.



Read more: http://www.mercurynews.com/news/ci_6508771

[Hekate]

1. That's gutsy of them.The Sound is a very new, very small paper competing with the ruined News Press

I can't speak to the merits of this particular action, but all things considered the Daily Sound is doing a good job. Since I canceled my NP subscription, I really depend on them. I wish they had enough manpower to cover the activities of the two city councils and Board of Supes in depth, but all in good time -- especially if the NP continues to crash and burn under the ownership of Wendy McCaw.

As to the gang fight -- we've had a really troublesome uptick in knife violence, the kind of thing we are just not accustomed to, and there have been a couple of deaths that have included at least one kid who had nothing to do with gangs. :-( The cops should be taking their own damn photos.

Hekate

[Tigress DEM]

2. In a land of innocent until proved guilty, I would think this is normal stuff.

As an accused person in our society we have the right to view all evidence against us during a trial. If someone takes pictures of a crime scene, then those photos can be requested by court order and should be produced so a person gets a fair trial. NOT having any access to the evidence against themselves is part of how the prisoners at Guantanamo are being denied civil liberties.

This isn't like protecting a source that could bar the news agency from accessing future information that could be crucial to public safety.

This is evidence of a crime scene being requested through due process.

Legitimate court orders are being blocked by the *ush administration to gain US access to evidence of their crimes. Executive privilege to shield Harriet Meyers. Newspaper privilege to hang on to evidence of a murder.

Most of journalists material is meant for publication, and so would be accessible to the court once published. Why would journalists be "chilled" thinking their material might wind up in court?

If they only write the truth, then that truth belongs in court. Off the record stuff, needs to be protected, of course. But some of these photos were published. And it did become a crime scene. Just as people who witness a crime have to come forward, so do people who take pictures of a crime. We live in a society that is ruled by laws and this is a very specific exception to the freedom of speech that addresses a citizen's right to know the evidence presented against him/her.

Maybe there are specific photos that would put the photographer in danger. Could they be protecting an undercover cop? That would be a legitimate reason, but it could be resolved in the judges chambers.