MEDIA / KEVIN BRASS : On the Face of It, Court Rule Seems a Silly One

During the arraignment of Christopher Clark Box on murder charges last week, Municipal Judge Frank A. Brown ordered news photographers not to show Box’s face.

That night, TV news viewers saw Box standing before the judge, his hands cuffed, his face obscured by one of those cheesy technical tricks, either a checkerboard pattern or the ominous gray splotch.

Then viewers were shown a mug shot of Box.

The same scenario occurred in the case of Roger Sing Ip, also recently accused of murder. The arraignment judge ordered photographers not to show Ip’s face while he was in the courtroom. Newspapers and television news stations complied, but also showed previously obtained photos of Ip.

To the viewer, it all seems a little silly. Judges use their power to limit the press’ role in the courtroom, even though they know the media will use photos of suspects they get from other sources.

“It makes no sense,” KGTV (Channel 10) News Director Paul Sands said. “The judge has the power, and I’m not quarreling with that. But, on the face of it, they make some pretty stupid decisions.”

There is a certain amount of futility in telling the media not to use courtroom photos, Brown acknowledged. In the Box case, he knew the media already had photos of the accused. He issued the order “out of an abundance of caution,” he said.

In cases when identifying the suspect is a key, Brown said, he will always take every step possible to protect the rights of the accused, especially if a suspect might be placed in a lineup for identification. A judge can’t control what happens outside the courtroom, but he does have the ultimate power inside it.

“The interests of the . . . courts are different than the press and the prosecutor,” Brown said. “When the press does use a photo, they have a right to do so. They’re living up to their duties, and they’re not violating any laws, so I have no quarrel with it.”

More than anything, the judge’s orders are a nuisance to the media.

“It seems kind of arbitrary on the surface,” KNSD-TV (Channel 39) News Director Donald Shafer said. The judge “can’t control what I’m running on the air.”

Inside Radio reported last week that locally based Noble Broadcast Group, owner of XTRA-AM and -FM in San Diego, was looking to “raise cash” by selling some of its stations. Noble has been looking for money, according to the report, since the $39-million sale of two stations in Boston fell through.

“Now it appears Noble must sell off some assets to remain afloat,” Inside Radio said.

Noble President John Lynch acknowledged that the company is seeking equity investors, but vehemently denied that it is actively looking for buyers for its stations. A “major communications company” approached him about buying some assets, he said, which prompted the rumors.

Lynch said he may be willing to give up his financial majority in the company, but not operating control. The only reason for seeking investors, he emphasized, is to help fund further expansion, which includes buying more stations and a programming network.

Reports that the company is financially troubled are “ridiculous,” Lynch said.

“The most important thing at this point is the dream of putting the whole thing together,” he said.

Art Good’s contract with low-rated KSWV-FM (102.9) ends in September, and, although he is talking to the Wave about returning, more than a few people believe he is heading back to KIFM (98.1) and the Lite’s Out Jazz format he helped pioneer. KIFM General Manager Bruce Walton said he has not talked contract with Good, adding that he and Good often talk as friends. . . . As fast as you can say “Book ‘em, Dann-o,” KUSI-TV (Channel 51) inserted reruns of “Hawaii Five-O,” an icon of campy American TV cop dramas, into the weeknight 10 p.m. time slot for the remainder of the summer. Channel 51 was forced to find a replacement for “Scarecrow and Mrs. King”--a ratings bust, anyway--in a hurry after the syndicator decided to buy back the latter in order to sell it to a cable channel. Dann-o, Steve, Wo Fat and the rest of the gang may not attract huge throngs of viewers, but the show “always gets an audience,” Channel 51 General Manager William Moore said, which is more than can be said about “Scarecrow and Mrs. King.” . . .

An indication of the respect KKLQ (Q106) morning team Murphy and McKeever have generated in the local radio industry: When Jack Murphy was fired last week, personnel at four different stations thought it was a hoax. . . .

Attorneys for XTRA-FM (91X) fired off an angry and threatening letter to Q106’s Terry McKeever and his new partner, Program Director Garry Wall, after the duo appeared to suggest on the air that the vaunted, 91X-promoted Who show had been canceled, prompting concerned fans to call 91X. Wall said they never actually said the show was canceled, but they apologized on the air the next day. . . .

Despite 91X’s big talk about its exclusive rights to Who tickets, the station has been buying advertising time on other stations and supplying the stations with tickets to give away to listeners. KGB-FM (101.5) didn’t take the ads, but is reportedly planning to give Who tickets away on the air today. . . .