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Monday, May 29, 2006

Ind. Courts - Cameras in Courtroom: Montgomery Circuit Court will be one of eight test sites

The Lafayette Journal and Courier has this story today about the cameras in the courtroom project, announced May 9th. Some quotes from the story by Joe Gerrety:

CRAWFORDSVILLE -- Montgomery Circuit Court will be one of eight test sites when the Indiana Supreme Court begins an 18-month experiment July 1, allowing news media cameras and recording devices in courtrooms.

Crawfordsville attorney William Goebel can't imagine he'd ever advise a client to agree to allow the electronic media coverage -- especially during a jury trial. The stakes are already so high in a criminal case, and the presence of cameras would only heighten the stress, he said.

"I think people will start grandstanding," Goebel said. "I think it would change the whole dynamic." * * *

Goebel and some other Crawfordsville attorneys said their decision about allowing electronic media inside the courtroom ultimately would depend in their clients' wishes.

"It would be totally their decision," said Sarah Dicks, one of four public defenders assigned to Montgomery Circuit Court. "I can't say that I would encourage my clients -- probably just the opposite."

Dicks has three concerns: cameras distracting jurors from listening to testimony; cameras distracting attorneys from focusing on their work; and "sound bite" coverage of court proceedings by the news media giving the public a misleading or incomplete view of what happened in court.

"It can make the public critical of a jury decision when they've only seen a fraction of the case," Dicks said. * * *

Under the Supreme Court's order, media cameras and recording devices would be allowed inside the courtroom on a restricted basis and only in response to a written request. The judge and all parties in the case would have to agree to their presence.

The experiment was allowed in response to repeated requests by the Indiana Broadcasters Association and the Hoosier State Press Association.

Montgomery County prosecutor Joe Buser said his decision on media access will be made on a case-by-case basis, with his primary consideration being the potential impact on his witnesses.

He said he probably would not agreed to cameras if prosecution witnesses are fearful of repercussions from their testimony.

"I don't want to ever make the witness's responsibility any greater than it already is," Buser said.

But not all attorneys are opposed to the idea of cameras in the courtroom.

"I'm firm believer in the open door law. This, to me, is kind of an extension of that," said Crawfordsville attorney Harry Siamas, who primarily practices civil law.

"The best government is transparent. There's no reason for the judicial branch's proceedings to be cloaked in secrecy," with a few exceptions, Siamas said. * * *

Siamas said he expects the experiment to be successful, particularly in Montgomery County, where it will be supervised by Judge Thomas Milligan. With 31 years on the bench, Milligan is likely the most experienced full-time trial lawyer in Indiana.

"From my point of view, it ought to be a fairly simple thing to organize," Milligan said.

Because of the hard line the Indiana Supreme Court has taken on the camera issue in the past, Milligan was a little surprised by its decision to try the 18-month pilot project.

"Traditionally, I've always thought of it as an unnecessary distraction," Milligan said. "But I consider myself open-minded enough to give it a trial." * * *

Two criminal cases that could go to trial later this year might spark media requests for in-court access.

One involves Bradford D. Corey, 49, who is charged with Class A felony dealing methamphetamine, accused of operating one of the largest meth-making operations Indiana State Police has ever raided.

The other involves Nicholas Toscano, 22, charged with Class A felony battery in the alleged beating death of a 1-year-old boy.

Lawyers in both cases said they likely would not encourage their clients to allow recording during the trial but would leave the decision to their clients if it becomes an issue.

Posted by Marcia Oddi on May 29, 2006 08:20 AM
Posted to Indiana Courts