THE US: Lawyers for Court TV and an alleged terrorist, Zacarias Moussaoui, argued yesterday before a Virginia Federal court whether cameras should be allowed into his trial. Patrick Smyth, Washington Correspondent reports
He is facing indictments on six counts, charging him with conspiring with al-Qaeda members and the September 11th hijackers to kill and maim thousands of people. Facing a possible death penalty if convicted, he has entered no plea.
Judge Leonie M. Brinkema lodged an innocent plea for him. Jury selection is unlikely to start before next September.
The televising of court trials has been particularly controversial since that of actor O.J. Simpson; many considered the theatrical atmosphere in the courtroom, as lawyers played to a wider gallery of public opinion, contributed to the not-guilty verdict.
While all states allow cameras in for portions of trials and 37 allow the full transmission of cases, the federal courts have resisted the pressure to do so, making yesterday's application unlikely to succeed.
Legal experts say in any case the decision is not a matter of discretion for the judge but governed by the rules of the federal courts and the Judicial Conference, chaired by the Chief Justice.
The conference banned still photography in 1946, extended the prohibition to broadcasting in 1972 and reconsidered its position in 1994 but refused to make changes. In 1996, the conference said each court of appeals may decide whether to allow broadcasts in its geographic area, but strongly urged the appellate courts to support the ban.
While Court TV has sought access from start to finish, the defendant's lawyers have argued the cameras should be excluded from pre-trial motions, fearing that such coverage could prejudice potential jurors. The defence insists, however, that broadcasting would add another layer of safeguard to the defendant's right to a fair trial. "Seldom has there been a criminal trial for which televised coverage could be more clearly warranted," Court TV said.
Others supporting a trial broadcast are the C-Span cable networks, the Radio-Television News Directors Association, CNN, the Reporters Committee for Freedom of the Press, NBC, CBS and ABC.
Federal prosecutors are concerned at the potential for grandstanding by the defence or the accused if cameras are allowed in and warn that everyone involved would be endangered by live television.