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Thursday, February 26, 2009

Courts - Follow the McCafferty murder trial and the media's efforts to cover it via blog and otherwise

A murder trial underway in Newport, Kentucky - northern Kentucky, near Covington - is getting extensive coverage from the Kentucky Post and other media.

Reporter Jessica Noll provides "the minute-by-minute report of the Cheryl McCafferty murder trial" here. I have focused on only the entries dealing with the blogging/reporting issues, not the trial itself. Here is a quote from the first entry, from DAY ONE at 8:54 AM:

The courtroom, located at the Campbell County Courthouse on York Street in Newport, Ky., is on the second floor. The media is set up for the time being on the third floor, just down the hall from the jury lounge, awaiting further instruction and the start of what may be the trial of the year.

"Dateline NBC" is one of the national media outlets bringing attention to the trial. However, it’s the local outlets that are rearing to go. Local stations and newspapers are set up with laptops on legs, sitting in chairs, waiting to get the OK to start blogging their surroundings and the trial proceedings.

From 9:06 AM:
On behalf of several local media outlets Attorney Jill Meyer of Frost, Brown and Todd, has filed a motion to talk to Campbell County Circuit Court Judge Julie Reinhardt Ward about permitting the media the cover the trial, including live streaming video online as well as blogging on the local Web sites.

Currently, the media waits to hear what comes from that. According to Meyer, the judge would not hear a motion to allow Internet reporting, among other media items. Once the trial commences, Web reporters, without an order in place are placing their blogs and other content.

From 10:00 AM:
Judge To Hear Motion For Blogging:

While the trial hasn’t commenced, the judge will be hearing a motion from Attorney Jill Meyer on behalf of the media here today.

According to "Dateline" producer Maryanne Rotondi and our own 9News’ Bill Price, who are at the doors of the courtroom, the judge has suggested that she will try to pull all media coverage from this trial pending the Internet reporting requests.

They said that Judge Julie Reinhardt Ward does not want to allow Web media to report the testimony of witnesses as it’s said because she wants to both sides to have the opportunity for a fair trial. It is possible that she fears the jury and/or witnesses will not be fair if they hear testimony and comments after the fact because it could sway their testimony or decision in the end.

The jury; however, is instructed not to watch or read the media once they are seated as part of the jury, as to not get a bias view of the trial while serving as a jury member.

From 10:45 AM:
Attorney For Media Meets With Media:

Attorney Jill Meyer met with the media to give information regarding whether or not we would be allowed to blog from the courtroom, as well as post live moments to the Web as witnesses testify during the trial etc.

The judge at this time, Meyer relayed, has barred all cameras, still and video, from the courtroom as well as any blogging or reporting other than using a notepad and pencil.

"We were surprised at [her] reaction," said Meyer, who said they have filed with the court of appeals and hope to have a decision by today or Tuesday.

Meyer said that it sounds like we’re back in the 1950s.

"It’s a public courtroom for a reason—it’s the public’s right to know," she said. "She is restricting the right to do that."

We are, as the media, however, allowed to take detailed notes within the courtroom and then leave the courtroom to report the most up-to-date information.

From 1:46 PM:
Judge Calls Hearing Regarding Media In The Courtroom:

Judge Julie Reinhardt Ward called a hearing Monday afternoon after a motion was filed by Jill Meyer, the attorney representing WPCO-9, WCPO.com, KyPost.com, WLWT-5, WXIX-19 and WKRC-12.

The judge barred all cameras and computers from the courtroom earlier in the day. The hearing was regarding a motion to reconsider those actions, as Meyer stated that they were "unconstitutional" and "in violation of the 1st Amendment."

The public has the right to be in any public hearing—which was the point that neither party disagreed with. However, the judge has the right to use her own discretion when it comes to the order of her courtroom.

During the hearing, that lasted roughly 10 minutes, the judge told Meyer that she is spending too much time worried about the media and not enough time with the case. Earlier in the day she denied bloggers from local media outlets to have access to the courtroom with computers in-hand. She also did not want testimony from the witnesses live-streamed via the Web or recited in its entirety.

Furthermore, the judge stated in the hearing that the media could; however, use "snippets" of witnesses’ testimony. (Later Meyer questioned the media, how it’s possible to define "snippets" of testimony.)

Meyer "respectfully requested a change" in her decision regarding cameras and blogs, but during her request the judge shook her head no.

Judge Reinhardt Ward asked the attorney to define what ‘blogging’ is for her. She asked is it not gossiping over the Internet?

"It’s not gossip—it’s more immediate news," Meyer said. "News media has the ability to deliver information in a variety of ways." And by blogging, she said, media can get the news to the public faster.

Meyer continued, "The information is out there—to impose on the media’s 1st Amendment rights based on speculation is an injustice."

The judge, however, said that her duty is to balance both the 1st Amendment rights of the media and the order of her court. She said that this is what she has done and stands by her initial ruling.

"You can write ’til your heart’s content—[I need to] protect a fair trial," the judge said to Meyer and those sitting in the hearing. "I need to focus on them [case], that’s my job."

Representatives from local media outlets, as well as producers from both "Dateline" and "48 Hours" were sitting in on the hearing. One producer said for the record that their recording was for a later broadcast and therefore would not infringe on any testimonial issues or the witnesses’ rights. But they were denied with the rest of the media.

"I don’t want to be unfair to either side," Reinhardt Ward said. "No cameras in the courtroom—that’s the ruling of the court—have a nice day."

From 2:00 PM:
Meyer Talks To Media:

Attorney Jill Meyer talked with the media directly after the hearing long enough to tell us that she in deed would be filing an appeal. She said that the appeal might be on an expedited schedule—meaning that rather than wait for 20 days for a ruling, they may be able to get a temporary order allowing the media to have cameras and to write their blogs as planned.

She told the media that as of now, they could take notes in the courtroom and then move to the hallway and post their news and information to their Web sites as they see fit.

While a ‘stay’ is not realistic Meyer said, it would be the next request of the Appeals Court in Frankfort. A ‘stay’ in the case would delay the trial if granted; but with the need for a speedy trial in a criminal case, Meyer said it isn’t likely to be granted.

DAY THREE, 9:30 AM:
Appeal Filed For Media:

Jill Meyer, attorney on behalf of several local media outlets including KyPost.com, WCPO.com and 9News, has officially filed her appeal to the appeal’s court regarding Campbell County Circuit Court Judge Julie Reinhardt Ward’s decision banning blogging and cameras in the courtroom during the McCafferty trial.

As soon as we have word of a hearing scheduled or a new decision, we will let you know on KyPost.com and WCPO.com.

ILB - It is now DAY FOUR of the trial.

Here is a copy of the 10-page motion and memo filed Feb. 23 by the media with the trial judge.

Here is the 54-page Motion for Emergency Expedited Hearing and Intermediate Relief and related documents filed Feb. 24th by the media with the Kentucky Court of Appeals.

Posted by Marcia Oddi on February 26, 2009 02:20 PM
Posted to Courts in general